TO: Mayor and Members of City Council
THRU: Zoning Commission
FROM: Will Deaton, MPA, AICP, CFM, CZO - Planning & Zoning Manager
Demetrios Moutos - Planner I
DATE: May 8, 2025
RE:
Title
A25-11. Order of Approval - Findings of Fact: 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.
The Zoning Commission held an evidentiary hearing on April 8, 2025. No speakers opposed the variance, which was approved unanimously (5-0).
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 requests 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 on 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 addition location meets other CC district dimensional standards, including building spacing and lot coverage. The variance does not involve any side or rear setbacks reduction 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 would result from the Variance's approval.
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:
Strict enforcement of the Ordinance requirements would impose practical difficulties and unnecessary hardships because such enforcement would materially impact the structure's layout.
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:
Any practical difficulties or unnecessary hardships arise from unique circumstances inherent to the property and are not the result of any actions taken by the landowner since the property has two frontages and the original church structure was constructed more than 30 years ago before the adoption of the current Unified Development Ordinance standards and relocating the structure to achieve compliance would be impractical and detrimental to the current church structure.
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 requested Variance represents the minimum deviation necessary to ensure the reasonable use of the property since the requested relief will complement the original building and preserve the integrity of the church’s sanctuary without disruption.
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 Variance is consistent with the general purpose and intent of the Ordinance. It upholds its spirit as it maintains harmony with the original church structure and does not encroach upon or adversely impact the surrounding area.
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:
Granting the Variance promotes public safety and welfare while ensuring substantial justice as the adjacent back road has minimum traffic, and approval of the Variance will not increase vehicular activity; therefore, eliminating additional safety or health risks to the surrounding area.
Budget Impact:
There is no immediate budgetary impact associated with this request.
Options:
1. Approve Findings of Fact as drafted
2. Approve Findings of Fact with specific changes
Recommended Action:
Approve Findings of Fact as drafted
Attachments:
1. Application & Site Plan
2. Findings of Fact