TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Demetrios Moutos - Planner I
DATE: April 8, 2025
RE:
Title
A25-11: A variance request to reduce the front yard setback from 25 feet to 5 feet at 915 Ramsey Street and 125 Telegraph Circle (PINs 0437690468000 and 0437690387000), owned by Burning Bush Missionary Baptist Church, represented by John Crews and Robert McQueen.
end
COUNCIL DISTRICT(S):
Council District(s)
District 2 - Malik Davis
b
Relationship To Strategic Plan:
Goal 2: A Responsive City Government Driving Economic Diversity and Sustainability
• Objective 2.1: Expand and diversify the City’s tax base to promote long-term fiscal resilience and economic stability.
Goal 4: A Thriving, Livable Community
• Objective 4.5: Support the development of vibrant, well-connected neighborhoods that enrich the quality of life for all residents.
Executive Summary:
Burning Bush Missionary Baptist Church has submitted a variance request (A25-11) to reduce the front yard setback from 25 feet to 5 feet at 915 Ramsey Street and 125 Telegraph Circle (PINs 0437690468000 and 0437690387000). The request would allow the construction of a new Fellowship Hall to support the church’s growing congregation and ongoing community outreach, including weekly meals and clothing services for the unhoused. The variance is needed due to the site’s topography, multiple front yard designations, and the desire to align the new building with the existing structure. John Crews and Robert McQueen represent the church in this request.
Per Section 30.2.C.14, variances are intended to provide relief from dimensional standards in cases where exceptional conditions - beyond the landowner’s control - create a unique hardship under the strict application of the Ordinance. Variances do not authorize changes to permitted uses or modify conditions of approval, and they are to be granted only under limited and specific circumstances.
Background:
• Owners: Burning Bush Missionary Baptist Church
• Applicants: John Crews and Robert McQueen
• Requested Action: Reduce front yard setback from 25 feet to 5 feet to allow construction of a fellowship hall.
• Zoning District: CC (Community Commercial)
• Property Addresses: 915 Ramsey Street and 125 Telegraph Circle
• Size: 0.75 acres ±
• Existing Land Use: Place of Worship
• Surrounding Zoning and Land Uses:
o North - CC (Commercial Uses)
o South - CC (Commercial Uses)
o East - Public Right-of-Way (Ramsey Street, commercial zoning, undeveloped lots)
o West - MR-5 (Single Family Homes, rear-fenced with access from E. Orange Street only)
Issues/Analysis:
The applicant is requesting a variance to reduce the front yard setback from 25 feet to 5 feet along the western edge of 915 Ramsey Street and 125 Telegraph Circle. The subject properties are zoned Community Commercial, which requires a minimum front setback of 25 feet or 60 feet from the centerline of a private street, whichever is less, per UDO Section 30-3.E.5. The proposed addition - a Fellowship Hall - would align with the footprint of the existing church building, which also sits approximately 5 feet from the front property line.
The site plan confirms that the existing church building already encroaches into the required front setback. The proposed addition would continue this alignment to maintain architectural and functional continuity. The variance request applies to the Telegraph Circle frontage, which functions more like a secondary street. The adjoining parcels along this street are currently vacant or accessed from E Orange Street a block over, reducing the potential for immediate impacts on neighboring properties.
Topographic conditions on the property present constraints that limit the functional buildable area. The land slopes downward toward the northeast corner of the properties, with steeper grade changes evident along the eastern and northern boundaries. Constructing on the flatter western side minimizes the need for grading and site disturbance, helping control development costs and preserving existing drainage patterns. The parcel is also a corner and through lot and subject to multiple front yard setbacks due to its dual frontage, further limiting development flexibility.
The proposed location of the addition meets other CC district dimensional standards, including building spacing and lot coverage. The variance does not involve any reduction in side or rear setbacks and would not increase impervious surface coverage beyond the district’s 65% threshold. No alterations to existing access points are proposed, and the reduced setback would not interfere with visibility triangles, easements, or emergency access routes.
Overall, the request addresses site-specific constraints related to geometry, topography, and existing development patterns without evident adverse impacts on adjacent properties or the broader district context.
Insufficient Justification for a Variance:
The following do not constitute valid grounds for granting a Variance:
• The existence of conforming or nonconforming uses or structures elsewhere in the same or other zoning districts;
• A request to establish a use that is expressly or implicitly prohibited within the zoning district; or
• Claims of economic hardship or increased profitability that would result from approval of the Variance.
Findings of Fact (Based on Applicant’s Responses):
The findings are based on the applicant’s responses to the submitted application and the most reliable information regarding the proposal before any testimony is presented 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 existing church was constructed over thirty years ago, before the adoption of the current Unified Development Ordinance (UDO). Strict application of the current setback requirements would force the proposed addition to be located toward the center of the site, complicating future development and limiting the church’s long-term plans for the property.
The site is subject to three front yard setbacks due to its corner configuration, further constraining the buildable area. Relocating the building to meet the required setbacks would either reduce the overall square footage or require a narrower footprint, compromising both functionality and design. The western portion of the property, where the variance is requested, offers the most suitable topography for construction, allowing the addition to align with the existing structure.
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 property slopes downward toward the northern end, making the higher ground along the western edge more suitable for construction. Placing the building in this area minimizes the need for grading and site disturbance. The requested setback reduction will not impose a hardship on neighboring properties, as the church is the only current user of the adjacent segment of Telegraph Circle. The surrounding parcels along that roadway are vacant and undeveloped.
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:
Locating the building along the western edge of the property will help control construction costs by avoiding the need to import fill for the lower northern area. Additionally, the site is constrained by three front yard setbacks, which significantly limit the buildable area. Complying fully with these setbacks would necessitate relocating the building to the center of the lot, necessitating a substantial redesign of the existing church layout - particularly the emergency exits and circulation patterns.
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 property is subject to three front yard setbacks, each requiring a minimum of 25 feet. Regardless of where the building is placed, a variance would be necessary to achieve a functional design. Without relief, the building footprint would need to be significantly reduced, limiting the church’s ability to meet its programmatic and outreach goals.
5. There is 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:
The variance would allow the building to be sited on higher ground, eliminating the need for additional fill and reducing the risk of drainage complications associated with construction on the lower portion of the site.
Budget Impact:
There is no immediate budgetary impact associated with this request.
Options:
The board has the authority to approve or deny the request based on the five required findings of fact. Members must assess the evidence and determine whether the applicant has sufficiently demonstrated practical difficulties or unnecessary hardships based on the land’s unique characteristics.
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. The members must state all five findings of fact, along with the evidence presented to support each finding.
If the members cannot find specific supporting facts under any of the five findings of fact, they must consider a motion to deny the claim. The motion should indicate which of the five findings of fact cannot be met.
The board can also place reasonable conditions on the variance approval.
If a member wishes to make a motion to approve the variance, they should provide a brief statement recapping the evidence that supports 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 factual findings.
Possible Motions and Factual Findings:
The motion is to approve a variance that reduces the minimum front yard setback from 25 feet to 5 feet along the western property line.
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 resulting from unique circumstances related to the land. They 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, the public safety and welfare have been assured, and substantial justice has been done, as shown by the following evidence:
______________________________________________________________________
The motion is to approve the variance(s) 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 resulting from unique circumstances related to the land. They 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, the public safety and welfare have been assured, and substantial justice has been done, as shown by the following evidence:
___________________________________________________________________
The motion is 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 has been assured and substantial justice has been done as shown by the following evidence:
_______________________________________________________________
Recommended Action:
N/A
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