Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES July 1, 2009 MEMBERS PRESENT: PETITION #14A-09 Submitted by Independent Federal Credit Rudy Williams, Chairperson Union and Norm Getts for a Variance Greg Spencer, Vice Chairperson Willie Rayford, Member from the Maximum Building Height Harold Smith, Member Requirement located at 3737 South Scatterfield Road (new Independent MEMBERS ABSENT: Federal Credit Union.) Connie Klungness, Member Mr. Widing stated this petition was continued last month by the Board because the OTHERS PRESENT: petitioner failed to send out the required certified mail notices and publish a legal ad. Michael Widing, Development Director Both requirements have been rectified; Dave Wilbur Sr. Zoning Administrator therefore, this petition is not ready to move Stephanie George, Board Secretary; and forward. William Kreegar, Attorney Mr. Widing stated this property is located at STAFF ABSENT: 3737 South Scatterfield Road and it consists of Tim Stires, Asst. Dev. Director 1.596 acres and carries a B-4 Community Shopping Center zone class. This is the new ROLL CALL AND DECLARATION OF A site of the Independent Federal Credit Union QUORUM: facility which is currently under construction. Mr. Widing added the credit union received Mr. Williams called the meeting to order at special exception approval from the Board of 4:33 p.m. Ms. George took roll call and Zoning Appeals on November 5, 2008. declared a quorum with four members in attendance. Mr. Williams performed the Mr. Widing stated the petitioner is seeking a Invocation and the Pledge of Allegiance. special exception approval for an amended B-4 Development Plan. The petitioner has MINUTES: submitted a revised site plan for the construction of a two-story, 13,400 sq. ft. The June 3, 2009 minutes were approved as building to house an Independent Federal presented. Motion passed unanimously; 4 yes, Credit Union facility. Mr. Widing added the 0 no. petitioner’s plan shows a 30.46 ft. by 46.03 ft. by 17 ft. high proposed addition on the west BUSINESS: side of the credit union’s all brick façade. The area where the addition will be constructed PETITION #14-09 was previously shown as an open porch / Submitted by Independent Federal Credit walkway with landscaping. Union and Norm Getts for a Special Mr. Widing stated the petitioner notes the Exception for an Amended B-4 initial plans indicated the new credit union Community Shopping Center would top out at 49.6 ft. high, which is just Development Plan. under the maximum allowable height of 50 ft. in a B-4 zone class. Upon further review the 1 petitioner’s calculations now show the permit for the project has been issued by the proposed credit union will top out at 51.08 ft. City Engineer and Building Commissioner Mr. Widing added the petitioner is requesting and the site has been cleared and foundation a variance from the maximum allowable work is now underway. height requirement. Mr. Widing stated staff would remind the Mr. Widing stated staff notes the petitioner’s Board the petitioner’s plat shows 24 ft. wide revised plans show the lot coverage on the site cross access drives to the neighboring plan will remain the same as what was properties to the north and west. The cross approved last November. The landscaping access will be built as property develops to the plan indicated 76.5 percent lot coverage for north and west. the credit union site, while 23.5 percent will remain green space. Mr. Widing added the Mr. Widing stated staff is recommending number of trees to be planted will jump from approval of the special exception (amended 22 under the initial landscaping plan to 29 B-4 Development Plan) and variance (building under the revised plan. The number of shrubs height). The approval recommendation is also jumped from 92 shrubs to 212 shrubs. Mr. based on the fact the project meets all setback Widing added the number of perennials to be requirements, Design Standards and will planted would drop from 203 plants to 92 allow an existing business to relocate, expand plants. Staff notes the new landscaping plan and continue to grow to serve their customers. shows substantially more shrubs around the credit union’s exterior and along the north Steve Servies, Rayl Surveying and side of the drive-up lanes through the middle Engineering, 1940 E. 53rd Street, Anderson, of the parking lot. Mr. Widing stated all in all stated this is in conjunction with the new it’s a much “greener” landscaping plan. building addition to get the roof pitch to work right and make it look aesthetically Mr. Widing stated there are no changes to the proportionate with the rest of the building. two ingress / egress points onto the site off of The height went up a foot and a half, which South Scatterfield Road and East 38th Street. necessitated the need for the variance. The revised site plan does show the addition of concrete sidewalks along the south and east Mr. Williams asked there would not be an air sides of the credit union site as requested by conditioner on the roof? Mr. Servies stated it the board at the November 2008 Board is due to the size of the roof to get it in meeting. Mr. Widing added the number of proportion. curbed parking spaces (10 ft. by 18 ft.) remains unchanged at 58 spaces, which easily Mr. Servies stated the credit union always did meets the parking requirement of one parking have plans for future expansion at the area space for every 500 sq. ft. of floor area, or 27 where we are showing the addition now. The spaces. credit union decided to go ahead and do the addition now, while the building is under Mr. Widing stated the exterior lighting plan construction instead of the future. has changed slightly with the addition of 10 metal halide ground mounted lights on the Mr. Williams asked cross access is still shown front (east) side of the credit union. These on the plans for future use? Mr. Widing stated lights will illuminate the front pillars on the correct. east elevation of the building. Mr. Widing added the signage for the site remains Mr. Spencer made the motion to approve unchanged with one wall sign and one ground Petition #14A-09 based on the following sign. The signs state “Independent Federal findings of fact. The approval of the proposed Credit Union Personal Service, Local variance would not be injurious to the public Commitment, Independent Spirit.” health, safety, morals and general welfare of the community because this area is a Mr. Widing stated since the Board’s November transitioning into a business area and this 2008 meeting a drainage permit and building development will enhance the area and the 2 height requirement is only slightly exceeded. West 25th Street School and consists 10.08 The approval of the proposed variance would acres and was recently rezoned back to R-2 not affect the surrounding properties because Residential. The Anderson Preparatory the approximate one-foot increase in height Academy, a public charter school, obtained will give the building proper proportion and special exception approval from the Board of aesthetic dimensions. The strict application of Zoning Appeals on June 18, 2008. the terms of the zoning ordinance would result in practical difficulties in the use of the Mr. Widing stated the petitioner is back property, if the proposed variance were denied before the Board seeking special exception because the architectural design really only approval for an amended development plan for exceeds the height requirement by a school. The petitioner has submitted a site approximately slightly over one foot and it is plan of the Anderson Preparatory Academy necessary again for proper aesthetics and which shows the addition of two (2) modular proportions. Mr. Rayford seconded. Motion classroom structures (four (4) classrooms) on passed 4 yes, 0 no. the south side (rear) of the east end of the school building. Mr. Widing added the new Mr. Spencer made the motion to approve classrooms measure 24 ft. by 68 ft. by 12 ft. Petition #14-09 based on the following high and contains 1632 Sq. ft. each and they findings of fact. The proposed special meet all the setback requirements. exception is in a proper zone district. The requirements of Figure 9 have been met or Mr. Widing stated Anderson Preparatory variances have been granted. The proposed Academy, a public charter school, would special exception will serve a public need and utilize the new modular classroom structures convenience, because it will allow the to house the school’s 9th graders. The charter petitioner to serve its customers and allow school opened last fall for grades 6, 7 and 8. business development in the community. The Mr. Widing added the charter school would proposed special exception will not add or expand to the ninth (9th) grade or permanently injure the appropriate use of the freshman class this fall. The existing surrounding properties, because this area is landscaping plan on the 10-acre site will again transitioning into a business area and remain unchanged when the classroom additional businesses will enhance that buildings are placed on the backside of the activity which is good for the community and charter school building. good for the City of Anderson. The proposed special exception is consistent with the spirit, Mr. Widing stated the Figure 9 Requirements intent and purpose of the zoning ordinance, for parking for a school calls for one parking because our zoning ordinance certainly allows space per staff member, one space per each us to give exceptions for reasonable 5000 sq. ft. of building area and one space per development in our community particularly to each four students of driving age. Submitted enhance our economic activity and serve our plans show the addition of the classroom citizens well. Mr. Smith seconded. Motion buildings will cause staff size to increase from passed 4 yes, 0 no. seven (7) to 11 staff members, which translates to 11 required parking spaces. Mr. Widing added the charter school building, PETITION #16-09 with the classroom additions, has a total Submitted by Anderson Preparatory square footage of 37,264 sq. ft., which equates Academy for a Special Exception for an to seven (7) required parking spaces. The site plan shows a total of 36 parking spaces, which Amended Development Plan for a School. far exceeds the parking requirement for a school. Mr. Widing stated this property is located in the 3200 block of West 25th Street on the south Mr. Widing stated staff would remind the side. This property is the site of the Anderson Board members the petitioner has on file a Preparatory Academy which opened in 2008. recorded covenant from their initial Board Mr. Widing added this is the site of the former approval which stipulates future plans to 3 meet the Board’s Figure 9 Requirements for a through this year and they are going to be in sidewalk construction along West 25th Street. good shape futuristically. The covenant calls for 5 ft. wide concrete sidewalks to be installed by June 18, 2010. Mr. Williams asked is there a cost to use the portable classrooms? Mr. Guillaume answered Mr. Widing stated staff is recommending not because they are portable, if you went into approval of the special exception (for an the modular scenario it really steps up the amended development plan for a school) cost. The portables are not bad, they are going because the proposed Anderson Preparatory to be leased and they come and get them after Academy petition meets or exceeds all of the the year. Figure 9 Requirements and all setbacks requirement. Approval of the amended Mr. Kreegar stated the Board might want to development plan for the charter school will consider in your motion putting a provision in allow the Anderson Preparatory Academy to there that this would only be approved for a make preparations to expand their enrollment period of one year so this would not go on and make accommodations to house their without coming back before the Board since students. they are portable units. Mr. Williams asked why the need for the two Mr. Smith made the motion to approve additional classrooms, and how many Petition #16-09 based on the following students do you see occupying the new findings of fact. The proposed special classrooms? Robert Guillaume, 9877 W. Co. exception is in a proper zone district. The Rd. 750 South, Knightstown, stated the requirements of Figure 9 have been met or portable units are not permanent modulars, variances have been granted. The proposed these are portable and they are for one only. special exception will serve a public need and Mr. Guillaume added they are in the process convenience because the additional buildings of looking to expand the facility in another will make possible the expansion of the school building while keeping the 25th Street school to accommodate 9th graders in addition to the location. The portable units will allow us to go 6th, 7th and 8th graders. The public will have through this year. Mr. Guillaume stated for additional choices for their children’s high school requirements for the Core-40 education. The proposed special exception will program the high school will have fine arts not permanently injure the appropriate use of and computer science and that will allow the the surrounding properties, because the school to bring the music and computer buildings are not visible from 25th Street or technology program for the students. The Park Road, there are no other exterior freshman class will be our 8th graders moving changes being made to the main building and up and those are 80 in number and bringing the portable units will not adversely affect the in a 6th grade class of 80 students. property. The proposed special exception is consistent with the spirit, intent and purpose Mr. Williams asked would the school still have of the zoning ordinance, because the purpose open enrollment? Mr. Guillaume answered at of the ordinance is to see that design is orderly this point in time the school is fully subscribed and it will be followed up so it will not harm for this coming year. There is a waiting list the community. This increased space will now in the process of being current. Mr. provide additional capacity for the addition of Guillaume added down the road as they move the 9th grade, so the public will have an the freshman into sophomores that is why additional choice of their children’s education. they are looking ahead for another building to Mr. Smith added these are temporary house the high school. buildings and they will only be for one year. Mr. Rayford seconded. Motion passed 5 yes, 0 Mr. Williams asked is there a need in the City no. for anticipated additional (temporary) classrooms for one year or longer? Mr. PETITION #17-09 Guillaume answered this will allow us to get 4 Submitted by Elda Corporation and The Mr. Widing stated Phase Two involves the Bridge Community Church for a Special construction of a 96 ft. by 154 ft. by 30.17 ft. Exception for a Church. high addition on the north side of the church building (former theater building.) The 17,975 sq. ft. addition will contain a worship center PETITION #17A-09 (sanctuary), platform (alter), audio visual, Submitted by Elda Corporation and The restrooms and a connecting lobby. Mr. Widing Bridge Community Church for a added the plans show duplication of concrete Variance from the Sidewalk Requirement walkways or sidewalks around the outside of located in the 1600 through 1700 blocks of Phase Two tying into Phase One. Phase Two construction will begin when fundraising is East 22nd Street on the north side (former complete and the petitioner is anticipating Mounds Cinema.) three to five years to complete all phases. Mr. Widing stated this property is located in Mr. Widing stated the submitted site plan the 1600 through 1700 block of East 22nd shows a total of 135 asphalt parking spaces Street on the north side. This property is the (10 ft. by 18 ft.) on the north side of the site of the former Mounds Cinema and a purposed church (theater building) and Phase single family home. Mr. Widing added the One. The Figure 9 Requirement for parking is property is zoned B-2 General Business and one parking space per two seats in the contains 8.934 acres. This property was sanctuary. Mr. Widing added the proposed recently platted through the Plan Commission church and Phase One (sanctuary) will hold and consists of two (2) lots in a five (5) lot 600 seats, which requires a minimum of 300 subdivision known as Virgil E. Cook Plat, parking spaces. Technically, Phase One falls Section One. 165 spaces short of the minimum number of parking spaces required. Phase Two Mr. Widing stated the petitioner is seeking construction shows a new addition will locate special exception approval for a church to be on top of Phase One parking area and a new known as The Bridge Community Church. larger 236-space asphalt parking lot to be The submitted site plan shows the existing built north of the new Phase Two addition. former theater building, measuring 96.3 ft. by Mr. Widing added the Phase Two addition 134 ft. by 25 ft. high, will be renovated into a would be designed with a capacity for 750 church building containing 12,622 sq. ft. Mr. seats, which requires a minimum number of Widing added the site plan shows the church 375 parking spaces. Quite similarly, Phase will be expanded in two (2) phases over a span Two falls 139 spaces short of the minimum of about (5) years. Mr. Widing stated Phase number of parking spaces required. Mr. One involves the construction of a 96 ft. by Widing stated the petitioner has on file a 122 ft. by 30.17 ft. high addition on the east “letter of understanding” which allows The side of the main church building. The 12,687 Bridge Church to use the parking area west sq. ft. addition will contain the worship center and south of the Mall Theater building, an (sanctuary), platform (alter), kitchen, audio area containing approximately 450 to 500 visual and storage. Mr. Widing added the parking spaces. plans also show maintaining concrete walkways or sidewalks on the outside of the Mr. Widing stated the site plan shows access north and south sides of the former theater to the proposed church / Phase One site by and Phase One construction. The petitioner, if way of a 24 ft. wide asphalt driveway entrance approved, plans to begin Phase One off the west side of the private road known as construction this summer (2009) with the “C” Street which runs along the east side of completion expected by December 2009. Mr. the church project. This access drive is Widing added the proposed church and its directly north of the Phase One Addition. Mr. future additions easily meet all setback Widing added a second nearly 25 ft. wide requirements because it is zoned B-2 which asphalt driveway entrance off the west side of has a zero front setback. “C” Street is noted 207 ft. north of the first entrance drive. Phase Two calls for a total of 5 three (3) entrances or access points off the Mr. Widing stated the petitioner is seeking west side of “C” Street. Mr. Widing added all two waivers for this project. The parking lot three drives are 24 ft. wide, they will be shown in Phase One will not be constructed curbed and asphalted. “C” Street also serves with concrete curbing as specified in the as cross access to the north, south and east. Board’s Design Standards. Mr. Widing added the parking lot in Phase Two would have Mr. Widing stated the submitted landscaping concrete curbing. The petitioner is seeking a plan shows a variety of existing / mature trees cross access waiver from the property to the along the entire western half of the proposed west which is heavily vegetated, a drainage church site acreage. The entire church site, ditch and residences. after construction of Phase One and Two, will have a lot coverage of 42.18 percent. Mr. Mr. Widing stated staff is recommending Widing added the landscaping (green space) approval of the special exception (church), would top out at 57.82 percent. The maximum variance (sidewalks) and waivers (concrete allowable lot coverage in a B-2 zone class is 75 curbing and cross access), because the percent and the proposed project falls well proposed church project meets all setback below the maximum allowable lot coverage. requirements and a majority of the Figure 9 Requirements. Staff notes the Bridge Mr. Widing stated the submitted exterior Community Church project also puts an lighting (isolume) plan indicates there will be existing vacant building back to a good use ten (10) pole lights erected in and around the and allow their congregation to continue to parking areas of Phase Two construction, and grow in the years to come. 21 wall lights on all sides of the church building. The pole lights will be 400-watt Michael Dauss, Dauss Architects, 227 Historic metal halide lamps on 30 ft. high poles. Mr. W. 11th Street, Anderson, stated this property Widing added the wall-pak lights will be 100- was donated by the Cook family and they have watt metal halide lamps with photocells and a already gone through the processes of satisfactory photometric plan is on file. resurveying all the land, platting so they have put a great effort in making this donation. The Mr. Widing stated the petitioner is finalizing donation is the lower portion which is Lot #1 the church signage package. The petitioner and the church is in the process of purchasing will comply with the City Sign Ordinance Lot #2. Mr. Dauss added this would be a two- rules and regulations. phased project. The first phase will remodel the existing theaters by leveling the floors so Mr. Widing stated the Figure 9 Requirements they can be used for youth activities, for a church specifies 5 ft. wide concrete classrooms, new ADA restrooms, new sidewalks be installed along all adjacent electrical and new fire protection for the streets. The petitioner plans do not indicate building. Mr. Dauss added they are going to sidewalks along East 22nd Street, Ohio Avenue bring the building up to current code and “C” Street. The petitioner is seeking relief standards. from the sidewalk requirement because these sidewalks would only serve the church Mr. Williams asked about the sidewalks, why property and there are no other sidewalks in the variance? Mr. Dauss stated their biggest close proximity to the church. Mr. Widing concern with the sidewalks on 22nd Street is if added the petitioner is requesting a variance they put it in, it would empty out into the from the sidewalk requirement. middle of nowhere. There is a concern of the safety of people getting to the end of the Mr. Widing stated the project architect is sidewalk, they are going to end up at an working with the City Engineer’s office to intersection of vehicular traffic, and there are complete the drainage plans for the church no connecting sidewalks to the mall from that project. The petitioner understands if the point. project is approved, no permits will be issued until a drainage permits has been approved. Mr. Williams asked how big is the congregation? 6  Mr. Dauss stated he was going to contact Rick Chris Mishler, 5716 N. Heritage Lane, Durham about surveying the property. Alexandria, stated the congregation in the summer is around 600 and in the fall goes up to 800. Mr. Spencer made the motion to approve Petition #17A-09 based on the following Mr. Williams asked does the church have one findings of fact. The approval of the proposed or multiple services? Mr. Mishler answered variance would not be injurious to the public they have been going with three services health, safety, morals and general welfare of during the fall and in the summer they have the community, because there are no two services. adjoining or nearby sidewalks to tie into this area if the Board required the petitioner to Mr. Williams asked at Highland, where are build the sidewalks it would lead to nowhere your services held? Mr. Mishler answered in and would not be beneficial to anyone. The the auditorium. approval of the proposed variance would not adversely affect the surrounding properties, Mr. Williams asked if this petition is because the surrounding properties approved, how fast could the church relocate essentially is the mall property and this whole and start? Mr. Mishler stated as soon as they project is going to enhance that facility. The could get the permits, they would begin strict application of the terms of the zoning construction of the steel building, maybe six ordinance would result in practical difficulties (6) months, but the goal is to leave the high in the use of the property, if the proposed school as soon as possible. variance were denied because there is not enough room as it appears to even put Mr. Williams asked is the church going to sidewalks in that area particularly with the offer a daycare? Mr. Mishler answered that is Pittsford Ditch causing issues. Mr. Rayford something they would like to offer in the seconded. Motion passed 4 yes, 0 no. future. Mr. Spencer made the motion to approve Mr. Williams asked if the church has an Petition #17-09 based on the following abundance of youth at the church? Mr. findings of fact with waivers from concrete Mishler stated his concern of the youth of the curbing and cross access. The proposed special community and the church would like to have exception is in a proper zone district. The some sort of a mentorship, tutoring program requirements of Figure 9 have been met or that would be on site for children to come after variances have been granted. The proposed school. special exception will serve a public need and convenience because the community does need Mr. Smith asked the house located on 22nd church activities and it is going to take a non- Street, is the front of the house built to the utilized structure and turn it into a utilized property line or the street line? Mr. Dauss building. The proposed special exception will stated as best they could tell it is not permanently injure the appropriate use of approximately 18 ft. from the right of way the surrounding properties, because this is a line. empty structure that has been empty for some time and this development can only enhance Mr. Smith asked who owns the property to the the surrounding structures. The proposed south of 22nd Street? Mr. Dauss answered he special exception is consistent with the spirit, believes its George Foskuhl who owns the intent and purpose of the zoning ordinance, parcel to the south. because our zoning ordinance certainly allows faith-based programs that are good for the Mr. Smith stated with this large investment youth of our community and this appears to be being made, if that right of way is out in the just the sort of project. Mr. Rayford seconded. middle of the street and one Sunday morning Motion passed 4 yes, 0 no. there might be a fence down the middle of it. 7 PETITION #18-09 Submitted by East Side Church of God Mr. Widing stated Phase Two construction and Dauss Architects for a Special measures 66 ft. by 162 ft. by 42.6 ft. high and adjoins or abuts the east side of Phase One Exception for a Church. construction. The Phase Two addition easily meets all setbacks requirements and involves PETITION #18A-09 the addition of a 9,147 sq. ft. gathering room Submitted by East Side Church of God or lobby and restrooms connecting the for a Variance from the Front Yard Community Life Center with the sanctuary Setback Requirement. area. Mr. Widing added Phase Two will also involve the repositioning of the handicapped parking spaces and covered drop-off along the PETITION #18B-09 north side of the Phase Two construction Submitted by East Side Church of God along with exterior concrete connecting for a Variance from the Sidewalk sidewalks. Phase Two is slated for completion Requirement located at 2600 East 5th by December 1, 2012. Street. Mr. Widing stated staff notes the two-phased Mr. Widing stated this property is located at expansion project will not impact the existing 2600 East 5th Street the site of the long- church seating which is 1100 seats. The standing East Side Church of God complex. submitted two-phased plans indicate the This church property consists of 9.8 acres and existing East Side Church of God has 573 is zoned R-2 Residential. Mr. Widing added parking spaces (10 ft. by 18 ft.). Mr. Widing the East Side Church of God began operations added Phase One construction would result in in May of 1954. The church last received the elimination of 33 parking spaces for a total special exception approval from the Board of of 540 spaces (10 ft. by 18 ft.). Phase Two Zoning Appeals in July of 1998 to expand construction will result in the elimination of their parking lot. Mr. Widing added the eight (8) parking spaces for a total of 532 church property is surrounded by East 3rd spaces. Mr. Widing added all totaled the two- Street, East 4th Street, 5th Street, Moravian phased church expansion project will delete 41 Street and Coventry Drive. parking spaces from the church complex. Staff notes the East Side Church of God received Mr. Widing stated the petitioner is seeking variance approval from the parking special exception approval to increase the size requirement in July of 1998. Mr. Widing of the existing church facility by a third by added staff by adding a second variance is not constructing a two-phased, 20,908 sq. ft. required because the two additions will not addition on the northwest corner of the church add any additional sanctuary seating to the building. The Phase One addition measures church. 72 ft. by 165 ft. by 32 ft. high and has a 12.75 ft. front yard setback on the south side of East Mr. Widing stated the Figure 9 Requirements 4th Street. Mr. Widing added the minimum call for 5 ft. wide concrete sidewalks to be front yard setback requirement for a church is constructed on all adjacent streets. The 100 ft. The addition, to be known as the petitioner has existing sidewalks along half of Community Life Center falls 87.25 ft. short of their East 5th Street frontage, and plans to the required front yard setback. The petitioner add sidewalks along the two (2) new additions. is seeking a variance from the front yard Mr. Widing added there are no sidewalks setback requirement. Mr. Widing added along the north side of East 5th Street from Phase One construction would also include the Harrison Street east to Coventry Drive, and addition of the following: a kitchen, a catering no sidewalks along the south side of the service hall, gymnasium, bleachers, lobby, church’s property along East 3rd Street. The storage, service windows, restrooms, petitioner is requesting a variance from the handicapped parking, a stairway and exterior sidewalk requirement because construction of concrete sidewalks. Phase One is slated for the sidewalks will only serve the church completion by December 1, 2009. 8 property and would not connect to any front door. Mr. Dauss added what this project existing nearby sidewalks. does in the two-phases is somewhat recognizes that and will give an appearance now of the Mr. Widing stated the submitted landscaping front door to State Road 32 with glass plan indicates, despite the addition of Phase windows and openness to the common and One and Two, there will be no change in the gathering areas. The addition of the church’s lot coverage which remains at 70 community life building fits into the church’s percent. There will be no change because programs and plans to remain a vital part of Phase One and Two construction will be on this community. Mr. Dauss stated as a areas that are already existing asphalt congregation has decided that their calling is parking, or on existing concrete sidewalks. to remain in this community and not to move elsewhere and that is what is necessitating Mr. Widing stated the petitioner does not the need to add the gymnasium facility. The propose any new exterior lighting and no new building houses a basketball court and side-to- signage in conjunction with the church side basketball courts as well as volleyball expansion. courts. Mr. Dauss added this will help supplement their own youth programs, but Me. Widing stated the petitioner is working more importantly it will be directed toward closely with the City Engineer’s Office in their community activities which include finalizing drainage plans. serving dinners. Mr. Widing stated staff notes the petitioner is Mr. Dauss stated during phase-two brings in seeking two waivers of the Board’s Design this new entrance into the building, but at the Standards. The petitioner is requesting a same time also helps to connect all of the waiver from concrete curbing of the pre- building together. All of the main corridors existing parking lots to the west and south of will end up in one way or another in that the church building. Mr. Widing added the space and allow the congregation a more second waiver is from the cross access ample area to gather. requirement. The petitioner has cross access to the north, south and west by way of East Mr. Dauss stated as far as the variances, this 3rd, 4th and 5th Streets. Mr. Widing added the is one of those properties that under the petitioner doesn’t feel its practical or zoning ordinance, you end up with front yards necessary to have cross access to the east and on 3rd, 4th and 5th Street, so that is why they west sides of the north parking lot to the are here before the Board. As far as the adjoining residential uses. sidewalks, there are no sidewalks in the neighborhood and again you would not have Mr. Widing stated staff is recommending anything to connect too. approval of the special exception (church), variances (front yard setbacks and sidewalks) Mr. Williams asked had the church already and waiver’s (concrete curbing and cross started building for phase one? access) for the East Side Church of God expansion, because the proposed project is Pastor Kerry Robinson, 4020 Northwood utilizing existing hard surface areas (parking Lane, Anderson stated no. First, everything is and sidewalks). Board approval will also allow on asphalt and secondly no they have not the church to better meet the needs of its ever- started anything, they learned a long time ago growing congregation. not to start before the gun goes off in the race. Michael Dauss, Dauss Architects, 227 Historic Mr. Williams stated phase one looks W. 11th Street, Anderson, stated this project aggressive to get all done before December. begins to bring to the end of the original Pastor Robinson stated there are two things dream for the parking lot to the north. As that that make it possible to be that aggressive. parking lot is developed and has grown into First they will be paying cash for this facility, place the image of the church actually from second with the current economic down turn State Road 32 is becoming more of it quote we are in a place where the facility is much 9 less expensive than it was before and they for the skateboarders. Mr. Bedwell is in favor want to be apart of helping provide some jobs of the landscaping but not the sidewalks in in the City of Anderson during that time. front of his house. Mr. Williams asked what sort of activities Mr. Widing stated this would be something would be at the church? Pastor Robinson the church would have to agree too, what they stated they would continue what they already specified was crabapple trees. are doing such as a block party that gave away 700 backpacks to kids, free haircuts, and Pastor Robinson stated they have no problem free medical screenings. In December, the with evergreens, they look nice with snow on church provides Christmas for 400 families them and they are a lot easier to take care of. from this community. In October, the church opens up for a non-threatening costume party. Mr. Spencer asked would you be willing to Pastor Robinson added some of the new make contact with the City arborist and get activities including enhancing those her recommendation on some evergreen trees. ministries but also help “Upward Basketball” which is a community program who are Pastor Robinson stated when they built the having a hard time getting gymnasiums to existing larger parking lot on the north, down rent out for the programs. East Side Church of the sides on each side, we put evergreen trees God wants to help them out or even start a and it would not be a problem for the Church similar program at the church for the youth. to continue that same pattern. Mr. Williams asked Pastor Robinson about the Mr. Williams asked how much distance are we sidewalk variance, why is the church asking talking about? Mr. Widing stated the variance for the variance? Pastor Robinson answered is for 12.75 feet off 4th Street from the front with their congregation if you drive on 5th setback. Street, from Scatterfield to Rangeline Road, the only sidewalk on either side is the existing Mr. Dauss stated the church up to this point one at the church. Additional sidewalks on 5th has maintained the landscaping right up to or 3rd Street there is nothing on 3rd Street in the pavement and he could not see why they terms of sidewalks. would not do that here as well. The property line is 12.75 feet there is another little Fred Bedwell, 2612 E. 4th Street, Anderson, distance to the actual pavement that they stated he had spoken with the architects and would go and landscape. to the minister. His lot is the second one on the north side of the church to the west. The Mr. Spencer asked Mr. Kreegar what does the gymnasium is pretty close to the street, what Board do? Mr. Kreegar stated the Board does he is concerned about is how the wall is going not need to do anything because they have to look from his front window during the agreed to fulfill the request that was made. wintertime. Mr. Bedwell stated he has no problem with this project. The church has Holly Frese, 2707 E. 10th Street, Anderson, done wonderful things for the neighborhood stated the corner lot of 4th and Moravian St. is and community. Mr. Bedwell added he has the house she grew up in and she is the talked to them about the landscaping and executor of her mother’s estate. Ms. Frese asked them about putting evergreens in place asked what is a service window? Pastor of the trees or planters in front of the Robinson stated a service window would be in gymnasium wall. the kitchen, inside the building and will used near the youth rooms. Mr. Bedwell is also concerned about putting sidewalks in front of the gymnasium because Ms. Frese asked if a copy of the west elevation they have a good number of skateboarders was there and on the elevation does it show now and if they re-do the sidewalks it will windows on that side? Pastor Robinson stated bring more skateboarders in and cause there are no windows on the west side. problems. More curbing equals more ramps 10 Mr. Spencer made the motion to approve exception is in a proper zone district. The Petition #18A-09 based on the following requirements of Figure 9 have been met and findings of fact. The approval of the proposed variances have been granted. The proposed variance would not be injurious to the public special exception will serve a public need and health, safety, morals and general welfare of convenience because it will allow the church to the community, because this community provide areas of worship for the citizens of our church has been in existence for many years community, it is a growing church. The and this development is enhancing the proposed special exception will not injure the property. There are numerous front yards to appropriate use of the surrounding properties, this property so that will allow the Board to because they have proven they are good consider this variance. The approval of the neighbors, they are community minded and proposed variance would not adversely affect they want to serve the community and have the surrounding properties because this been in existence for a number of years. The structure is going to be an enhancement of the proposed special exception is consistent with existing facility for the community and the the spirit, intent and purpose of the zoning church. The strict application of the terms of ordinance, because we want the ability to be the zoning ordinance would result in practical able to allow for development that is good for difficulties in the use of the property, if the the community and brings jobs and faith proposed variance were denied because there based activities to our community. Mr. Smith are three front yards to this property, they seconded. Motion passed 4 yes, 0 no. need, as a design standard to build the structure encroaching upon one of the front Meeting adjourned at 5:59 pm yards, and that is okay. Mr. Smith seconded. Motion passed 4 yes, 0 no. BY: ______________________________ Rudy Williams, Chairperson Mr. Spencer made the motion to approve Petition #18B-09 based on the following ATTEST: ___________________________ findings of fact. The approval of the proposed Stephanie George, Board variance would not be injurious to the public Secretary health, safety, morals and general welfare of the community, because there are no sidewalks in this community except for the existing, which the church is utilizing to control its pedestrian traffic flow requiring this additional sidewalk would not connect to any others and would serve no purpose. The approval of the proposed variance would not adversely affect the surrounding properties for the exact same reason there are no sidewalks in this area, nothing to connect too and they would serve no function. The strict application of the terms of the zoning ordinance would result in practical difficulties in the use of the property, if the proposed variance were denied because the sidewalks that are in existence are there to try and control pedestrian traffic and requiring these sidewalks may confuse that pedestrian traffic control. Mr. Smith seconded. Motion passed 4 yes, 0 no. Mr. Spencer made the motion to approve Petition #18-09 with waivers from concrete curbing and cross access and based on the following findings of fact. The proposed special 11