TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Demetrios Moutos - Planner I
DATE: March 12, 2024
RE:
Title
A24-16. Variance to increase the maximum size for an accessory structure in the SF-10 Zoning District, located at 1495 Bingham Drive, totaling 6.31 acres ±, and being the property of Miracle Temple Holy Deliverance Church of God Inc.
end
COUNCIL DISTRICT(S):
Council District(s)
6 - Derrick Thompson
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal 2: Responsive City Government Supporting a Diverse and Viable Economy
• Objective 4.5 - Ensure a place for people to live in great neighborhoods.
Executive Summary:
The request involves seeking a variance from the maximum size allowance for an accessory structure within the SF-10 Zoning district. According to Note 2 of section 30-3.D.3, the maximum allowable size for accessory structures is 1200 square feet. Currently, the existing accessory structures on the property occupy 644 square feet. The applicant is seeking approval for an additional 2,700 square feet, which would bring the total size of accessory structures on the property to 3,344 square feet.
30.2.C.14 Variance:
The purpose of a variance is to allow certain deviations from the dimensional standards of this Ordinance (such as height, yard setback, lot coverage, or similar numeric standards) when the landowner demonstrates that, owing to special circumstances or conditions beyond the landowner's control (such as exceptional topographical conditions, narrowness, shallowness, or the shape of a specific parcel of land), the literal application of the standards would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest.
Variances are to be sparingly exercised and only in rare instances or under exceptional circumstances to relieve undue and unique hardships to the landowner. No change in permitted uses or applicable conditions of approval may be authorized by variance.
Background:
Applicant: Bennie Kelly
Owner: Miracle Temple Holy Deliverance Church of God Inc.
Requested Action: Variance from max. size for an accessory structure
Zoning District: Single Family Residential 10 (SF-10)
Property Address: 1495 Bingham Drive (0406541553000)
Size: 6.31 acres ±
Existing Land Use: Vacant/Wooded
Surrounding Zoning and Land Uses
North: CC - Wooded
South: SF-10 - Single Family Residences
East: SF-10 - Single Family Residences
West: LC/CZ - Vacant/Single Family
Postcards Mailed: 44
Issues/Analysis:
The subject property was granted to Miracle Temple Holy Deliverance Church of God, Inc. by Steven Douglas Johnson, Ellisson Ann Johnson, Donna Johnson Cowan, Jessica Johnson Swaney (AKA Jessica Brook Johnson) and husband Benjamin Swaney, and Debbie Johnson on March 15th, 2016. The most recent plat for the subject property was recorded in November 2018. (DB 9827-0816; PB 0141-0178)
The application entails requesting a deviation from the permitted maximum size for a supplementary building within the SF-10 Zoning district. As stated in Note 2 of section 30-3.D.3, the maximum permissible size for such structures is 1200 square feet. Presently, the accessory structures already situated on the premises encompass an area of 644 square feet. The petitioner is seeking authorization for an extra 2,700 square feet, resulting in a combined total area of accessory structures on the property amounting to 3,344 square feet.
Insufficient Justification for Variance
The following does not constitute grounds for a Variance:
1. The siting of other nonconforming or conforming uses of land or structures in the same or other districts;
2. The request for a particular use expressly, or by inference, prohibited in the district; or
3. Economic hardship or the fact that property may be utilized more profitably with a Variance.
History
The structure in question is intended for covered bus parking. A variance for this project was granted in 2019 under case A19-40F. However, the applicant did not apply for a building permit or begin construction within the one-year timeframe stipulated by the variance approval. As per regulation 30-2.C.14.e.5, this failure automatically annuls the decision made by the Zoning Commission. The minutes from the previous case are outlined below:
In the meeting for variance case A19-40F held in 2019, Senior Planner Terri Lynn Hale presented the request for 1495 Bingham Dr. The applicant sought to increase the maximum allowable accessory structure area from 1500 to 3372 square feet to construct a covered parking structure for buses and vans used for church functions. Staff recommended approval. During the discussion, Mr. Hight inquired about pursuing rezoning instead of a variance, but it was explained that other zoning districts wouldn't likely accommodate the needed size. Speakers in favor, including Pastor Bennie Kelly, emphasized the need to protect the church's invested vehicles. No opposition was voiced. A motion to approve the variance was made by Alex Keith, citing practical difficulties in meeting UDO requirements, the necessity to safeguard church property, and no harm to public safety. The motion passed unanimously.
Findings
The following findings are based on the responses submitted in the application by the applicant and the best available information about the proposal without the benefit of testimony provided at the evidentiary hearing.
Findings of Fact Statements as reviewed by the Planning Staff:
1. There is sufficient evidence that the strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
The applicant states “Ordinance does not allow the variable which is needed to build the size shelter that is required to suffice the church's need.”
2. There is sufficient evidence that any practical difficulties or unnecessary hardships result from unique circumstances related to the land, and are not the result of the actions of the landowner as shown by the following evidence:
The applicant states “Construction of the park structure will not result in any practical difficulties or unnecessary hardships.”
3. There is sufficient evidence that the Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
The applicant states “The variance would provide the approval to construct the 2700 sq. sf. parking structures. No other variances will be required.”
4. There is sufficient evidence that the Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
The applicant states “Our intentions are for the protection and safeguard of our buses and vans.”
5. There is sufficient evidence that in the granting of the Variance, public safety and welfare have been assured and substantial justice has been done as shown by the following evidence:
The applicant states “By constructing the parking structure, our buses and vans will be hidden from sight, therefore preventing any attempted robbery or vandalism.”
Budget Impact:
There is no immediate budgetary impact.
Options:
The Board’s Authority: The board has the authority to approve or deny the request and must base its decision on the answers to the following five required findings of fact:
If a member believes that the evidence presented is substantial, competent, and sufficient to meet the required findings of fact then the member may make a motion to approve the variance and the members must state all of the following five findings of fact along with the evidence that was presented to satisfy each finding.
If the members cannot find specific supporting facts under all five findings of fact, the members must consider a motion of denial. A motion of denial should indicate which of the five (5) of the findings of fact cannot be met.
The board can also place reasonable conditions on any variance approval.
If a member wishes to make a motion to approve the variance they should make a brief statement that recaps the evidence showing each of the five findings of fact. Any discussion by the Board following a motion may include a recap of the evidence supporting each of the five (5) factual findings.
Possible Motions and Factual Findings:
Motion to approve the variance as requested
Findings of Fact Required to Approve this Request:
1. Strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
______________________________________________________________________
2. Any practical difficulties or unnecessary hardships result from unique circumstances related to the land, and are not the result of the actions of the landowner as shown by the following evidence:
______________________________________________________________________
3. The Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
_____________________________________________________________________
4. The Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
______________________________________________________________________
5. In the granting of the Variance, public safety and welfare have been assured and substantial justice has been done as shown by the following evidence:
______________________________________________________________________
Motion to approve the variance as requested but with added conditions
Findings of Fact Required to Approve this Request with added conditions:
1. Strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
___________________________________________________________________
2. Any practical difficulties or unnecessary hardships result from unique circumstances related to the land, and are not the result of the actions of the landowner as shown by the following evidence:
___________________________________________________________________
3. The Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
___________________________________________________________________
4. The Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
___________________________________________________________________
5. In the granting of the Variance, public safety and welfare have been assured and substantial justice has been done as shown by the following evidence:
___________________________________________________________________
Motion to deny the variance as requested.
Findings of Fact Statements Required to Deny this Request:
1. There is not sufficient evidence that the strict application of the Ordinance requirements results in practical difficulties and unnecessary hardships as shown by the following evidence:
________________________________________________________________
2. There is not sufficient evidence that any practical difficulties or unnecessary hardships result from unique circumstances related to the land, and are not the result of the actions of the landowner as shown by the following evidence:
_______________________________________________________________
3. There is not sufficient evidence that the Variance is the minimum action that will make possible a reasonable use of land or structures as shown by the following evidence:
_______________________________________________________________
4. There is not sufficient evidence that the Variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit as shown by the following evidence:
_______________________________________________________________
5. There is not sufficient evidence that in the granting of the Variance, the public safety and welfare have been assured and substantial justice has been done as shown by the following evidence:
_______________________________________________________________.
Recommended Action:
Attachments:
1. Application
2. Aerial Notification Map
3. Zoning Map
4. Land Use Map
5. Subject Property Photos
6. Surrounding Property Photos
7. Site Plan