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HomeMy WebLinkAbout03/01/2005 BOA Board of Adjustment March 1,2005 MINUTES OF THE BOARD OF ADJUSTMENT I A meeting of the Board of Adjustment of the City of The Colony, Texas was called to order at 6:00 p.m. on the 1 st day of March, 2005 at City Hall with the following members present: Mike Catt, Chairman Duane Sanders, Vice Chairman Gerald Odum Connie Yahwak Staff: Harry Persaud, Director of Development Services David Dodd, City Attorney Lauren Odell, Planner Sandy V ondersaar, Administrative Assistant With four (4) members present, a quorum was established and the following items were addressed: ITEM #2 - ELECTIONS: Hold elections for the position of Chair and Vice Chair I Member Sanders nominated Member Catt for Chairman. Member Odum seconded the nomination. Member Catt was elected by acclamation. Member Odum nominated Member Yahwak for Vice Chairman. Due to lack of a second the motion failed. Chairman Catt nominated Member Sanders. Member Odum seconded the motion. Member Sanders was elected Vice Chairman by acclamation. ITEM #3 - PUBLIC HEARING: Chairman Catt opened the public hearing at 6:09 p.m. Hold a public hearing and consider a request on an application made by Trinity Presbyterian Church, for a variance regarding the parking requirement approved by Ordinance No. 61, Section 13-102(4), situated at the intersection of Main Street and Nash Drive, located on Lot 1, Block 1, Trinity Presbyterian Church Addition in The City of The Colony, Denton County, Texas. (2005-V001) Mr. Steven Thomas, of 6501 Terrace Drive, The Colony, Texas 75056 was present to represent The Trinity Presbyterian Church in the capacity of Moderator of the Building Committee. Chairman Catt swore in Mr. Steven Thomas and Staff Member Lauren Odell. I - 1 - Board of Adjustment March 1, 2005 Mr. Thomas gave the following presentation with slides: Variance Beine Requested The church is requesting relief from parking space requirements. The church plans to build a sanctuary and the parking required by code as if the sanctuary has pews. The code would require thirty one (31) more spaces if chairs are used. Since this will not be our final sanctuary, the master plan uses the new sanctuary for fellowship hall expansion, the church prefers to use chairs. Since the use of the space does not change, we request that we not be required to use the chair calculation. (Graph shown) Backeround Trinity Presbyterian Church is planning to expand the church. (Fellowship hall expansion, a new sanctuary and associated site work). (Overhead map shown) The new sanctuary will, in the final phase, be converted into additional fellowship hall space. (Overhead map shown) (Drawing elevations and the intermediate phase shown) Reasons for Variance a) The special circumstances are: . The church proposes an intermediate sanctuary is not the final sanctuary. . This project is a church. (space is a sanctuary) The city recognizes the uniqueness of churches by zoning and by specific parking space calculation for pews. The use of chairs does not change the purpose proposed for the sanctuary. Because this is a church, intended for the same use as pews would imply, and because the space is not the final sanctuary we request that a variance be granted allowing chairs under the pew parking space calculation. We only plan to purchase 314 chairs for the congregation. Ninety-three (93) spaces accommodate 372 in pews. b) The only properties in the same vicinity and zone are, by definition, churches. One could suggest that such a precedent (churches building an intermediate sanctuary being allowed chairs under the pew parking space calculation) would be appropriate and very limited. In addition, this site is very expensive to develop. The soils are mainly fill and require extensive foundation work with many large, deep concrete peers and beams. While financial reasons are not justification in and of themselves, they are added here as background and to illustrate the unique nature of this property. - 2- Board of Adjustment March 1, 2005 I c) This variance, if granted, in no other way affects the land use plan. The master plan and final build-out are designed to be in compliance with all ordinances. d) The parking variance requested does not materially affect the public or neighbors. The number of parking spaces would be identical if the church used pews, a fact transparent to those outside the church. This project should only benefit the surrounding community versus the status quo as it would significantly increase the number of parking spaces the church currently has. Mr. Thomas then asked for questions. Member Sanders expressed concern that there is so much parking on Nash Drive. Mr. Thomas informed him the church members are encourage to park on the street to leave prime parking spaces for visitors. Member Sanders then asked him if30 extra spaces will get everyone off Nash Drive. Mr. Thomas' responds was yes. Member Sanders asked when this project will begin. Mr. Thompson stated hopefully the first part of April. I Member Sanders asked how much ofthe surrounding property is owned by the Church. Mr. Thomas stated all the land bounded by Main Street, Nash Drive, Mayes Place and the alley is Church property. Member Odum asked how long before transition to the Master Plan. Mr. Thomas anticipates five (5) to ten (10) years. Ms. Odell explained the site plan approved by Council provided parking for 300 seats in the sanctuary. The seating was to be in pews. The proposed amendment to the approved site plan uses chairs in lieu of pews in the main sanctuary and increases the capacity to 496. Using chairs instead of pews increases the required parking to 124 spaces. The applicant has provided 106 parking spaces on the amended site plan. Using the amended site plan, the applicant is 18 parking spaces short of meeting the parking requirement. The applicant is applying for a variance to use the parking calculations based on seating in pews rather than chairs. Should the sanctuary be equipped with pews under the amended site plan, the parking requirement would be 93 spaces. In this scenario, there would be a surplus of 13 parking spaces. Chairman Catt closed the public hearing at 6:30 p.m. I A motion to approve an application made by Trinity Presbyterian Church, for a variance regarding the parking requirement approved by Ordinance No. 61, Section - 3 - Board of Adjustment March 1, 2005 13-102(4), situated at the intersection of Main Street and Nash Drive, located on Lot 1, Block 1, Trinity Presbyterian Church Addition in The City of The Colony, Denton County, Texas. (2005-V001), Member Sanders; second Member Yahwak. The secretary called the roll: Member Sanders - Yea Chairman Catt -Yea Member Yahwak - Yea Member Odum -Yea Motion carried 4-0 ITEM # 4 - NEW BUSINESS: Discuss packet distribution and timing and scheduling of meetings Mr. Persaud suggested future Board Adjustment packets be picked up by the Members at the Police Station the week prior to the meeting. They would be available for pick up twenty-four (24) hours a day, seven days a week. This would be a more reliable and convenient method of delivery. The Members requested the packets be sent electronically. Mr. Persaud informed them it would be their responsibility to print out the hard copy and bring it to the meetings. The Members agreed that would not be a problem for them. Planner Odell will send the next meeting's packet electronically. Mr. Persaud also requested that they let Ms. Odell know, as soon as possible, if they are experiencing difficulties printing their packet. Ms. Odell reminded them that when new members are appointed to the Board all must have the capability of receiving their packets by computer otherwise it will be necessary to return to the old method of mailing or picking up the hard copy packet. The next Board of Adjustment meeting will be scheduled for Wednesday, March 23, 2005 at 6:00 p.m. With no further business, the meeting adjourned at 6:48 p.m. ~ '/l Mik~ ,",' f " ~~:;t;7~ / . Sandy V 0 rsaar, Recording Secretary - 4-