Hearing:
Conduct a Public hearing to Consider/Discuss/Act on the request by Owner’s Representative Eddie Seals, regarding the Appeal of the Building Official’s decision for the consideration of a Special Exception to the zoning ordinance to reinstate nonconforming rights to allow for the reconstruction a church that was destroyed by fire, to the same site and building design as existed prior to the fire. The reconstruction would be in violation of multiple current provisions of the Unified Development Code, including building setbacks, residential adjacency buffer, landscaping, screening, and parking. This Special Exception would not exempt the construction from complying with all current, adopted building codes. This property is the New Outreach Church of McKinney located at 506 Wilcox St., Lots 3 and 4B of Block 17 of the Shorts Addition to the City of McKinney, Texas.
Summary:
BOARD OF ADJUSTMENT CASE NUMBER: BOA 24-01
MEETING DATE: January 24, 2024
DEPARTMENT: Development Services - Building Inspections
CONTACT: Suzanne Arnold, Chief Building Official
RECOMMENDED BOARD ACTION: Consider this Special Exception request based on the applicant’s statement on the Board of Adjustment (BOA) application.
ZONING: BN - Neighborhood Business District (TMN)
EXISTING CONDITIONS: The church was constructed in the 1940s and altered in the 1960s. The property consisted of two wood frame buildings, one of which was partially bricked. There is an asphalt parking lot. On the night of October 24, 2022, the church buildings were destroyed by fire. The charred remains were bulldozed for safety shortly after that. The church was not designated as historic. Since the original construction of the church, multiple zoning ordinances have been adopted that would restrict the buildable area on this property.
ITEM SUMMARY: Options for redeveloping this lot include (1) following all of the guidelines listed above and staying within the legally buildable area; (2) redesigning the building and seeking specific concessions from the Planning and Zoning Commission; or (3) pursuing this Special Exception through the Board of Adjustment to reconstruct the buildings exactly as they were, which would summarily provide relief for all of the zoning ordinances being violated provided the buildings match their prior legal-nonconforming form. Staff has verified, to the greatest extent of available records, that the buildings proposed herein do match what was there before the fire. The applicants applied for permit COM2023-12-01638 and submitted this application for the Board of Adjustment on December 20, 2023.
VARIANCE REQUESTED:
|
ZONING ORDINANCE REQUIREMENTS |
VARIANCE REQUESTED |
VARIANCE |
|
|
|
|
|
Rear Yard Setback (West) |
0 ft. |
30 ft. |
|
Side Yard Setback (South) |
N/A |
N/A |
|
Side Yard Residential Buffer (North) |
15 ft. |
15 ft. |
|
Front Yard Setback (East) |
N/A |
N/A |
|
Landscape/Buffer |
0 ft. (Rear and Interior Side) |
10 ft. |
|
Parking Spaces |
0 (do not want to re-stripe/re-pave) |
35 |
|
Parking Surface |
Existing Asphalt (do not want to re-stripe/re-pave with concrete) |
Asphalt allowed |
|
Exterior Materials |
N/A |
N/A |
APPLICANT’S BASIS FOR VARIANCE: See description on the BOA application.
PUBLIC SUPPORT/OPPOSITION OF REQUEST: To date, no letters of support and no letters of opposition have been submitted.
BOARD AUTHORITY - UDC 203(G)(2)(a)(iii):
Special Exception. Through the Special Exception procedure, the Board of Adjustment may evaluate certain adjustments and modifications to the standards in this Code based on necessity or unusual circumstances.
iii. Permit the reconstruction of a legal nonconforming building that has been damaged by explosion, fire, the elements, the public enemy, or any other cause, to the extent of more than 50 percent of its fair market value, where the Board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.
BUILDING OFFICIAL STATEMENT:
The request has been field validated and I agree that the Board has the implied authority to consider this Special Exception by the Applicant/Owner.
SUPPORTING MATERIALS:
BOA 2023-0001 - 506 Wilcox St. - Packet to include:
• Zoning Exhibit
• GIS map of subject property and surrounding properties
• Board of Adjustment (BOA) Application
• Survey and Survey Site Plan
• Proposed Plans and Elevations
• Site photos
• Newspaper notice and 200’ notice with Locator Map
ACTION: Approved Denied Tabled