Flushing Zoning Board of Appeals
Minutes
A Regular Meeting of the Flushing Zoning Board of Appeals was called to order on Monday, September 17, 2001 at 7:30 p.m. by Chairperson Robert Kehoe, followed by the Pledge of Allegiance to the Flag.
Present: Elva Cook
Robert Kehoe
George Kozan
Patrick O’Callaghan
Absent: Carmon Liversedge
Others Present: Dennis J. Bow, City Manager
Nancy G. Parks, City Clerk/Treasurer
Agenda Approval – Motion by O’Callaghan, seconded by Kozan, to approve the agenda of the September 17, 2001 meeting.
Yea: Cook, Kozan, O’Callaghan, Kehoe
Nay: None
Motion Carried.
MEETING OPEN TO THE PUBLIC:
No comments.
Approval of Minutes – Motion by Kozan, seconded by O’Callaghan, to approve the June 18, 2001 meeting minutes of the Zoning Board of Appeals.
Yea: Cook, Kozan, O’Callaghan, Kehoe
Nay: None
Motion Carried.
NEW BUSINESS:
Public Hearing – Variance (413 E. Main Street) – An application for 413 E. Main Street was received requesting a twenty-four (24) parking space variance from the required ninety-four (94) parking spaces mandated at this facility, to accommodate an addition to the current building.
Section 153.131 of the zoning ordinance requires churches to have one parking space for each three seats in the main unit of worship, or six feet of pews.
Flushing Zoning Board of Appeals
Minutes
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The Chairperson opened the hearing to the public.
Dan Park, Architect with Park, Whiting, architects for the proposed addition to the church. In general he stated that they are trying to do a small addition to the building, the primary objective is to make the facility barrier-free. A primary objective of the plan to make the facility barrier-free is to install an elevator inside the addition, and barrier-free restrooms as well. Some of the parking will need to be reconfigured to allow for this addition. The church has plans to purchase adjacent properties as they become available which in turn would be used for additional parking. They are currently landlocked and so to modernize and update the facility some parking spaces will be sacrificed.
The following responses were given to answer the criteria for a variance approval:
1) The property has historically been used as a church to serve the members and guests. The planned construction will not increase the seating capacity. The property cannot be reasonably used for any purpose other than a church.
The 3-acre variance is necessary because we are currently landlocked by privately owned parcels. We have historically attempted to secure additional property as it becomes available. We will continue to do so. To enforce the requirement would close the church.
2) If the parking variance is granted, substantial justice will be served by creating easier access to handicapped persons and the elderly or infirm. We will be able to better serve our parishioners as well as the general public, as our building is used by scouting organizations, the Civil Air Patrol, square dances, Flushing Singers, the City of Flushing for voting, Flushing Community Schools, the food co-op and other community band organizations as requested.
The 3-acre variance would be answered in the same manner as above.
3) As for the parking variance, our church is a state recognized historic site, and our church was founded here 159 years ago. We are landlocked currently, but have permission of the Flushing Community Schools to use the school parking as a shuttle base for peak usage.
Flushing Zoning Board of Appeals
Minutes
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In regards to the acreage variance, this church has historically served the neighboring residents in a variety of ways as seen in our previous answers. We are unique in the neighborhood and additional acreage would not, in and of itself, affect the services we provide.
4) The church has not created the need for the variances. Handicap accessibility, which is a very good requirement, has been mandated. Compliance requires incursion into our parking area. Updating our building contributes to the aesthetics of the community. We continue to attempt to secure additional land as it becomes available. The hardship is created by the fact that we exist and serve the community in the central core area of the city. This answer is for both variance requests.
5) The spirit of the parking ordinance will be observed by using the Junior High School parking when necessary. Safety will be secured by proper marking and maintaining our parking area, and keeping the area properly lighted and monitored. Substantial justice will be served by the continuing and enhanced service to the community of Flushing.
The spirit of the acreage ordinance will be served by our continuing effort to secure land as it becomes available. Safety and substantial justice will be secured as stated above and by the modernization of our facility.
Pastor Denton, pastor Flushing United Methodist Church, informed the Board that the church has a membership of approximately seven hundred.
Kehoe felt that there would not be adequate handicap parking for the elderly members. The requirement is one handicap space for every twenty-five (25) parking spaces; therefore, this variance would comply with code, since they would maintain 70 parking spaces of which three (3) are handicap accessible. Other than Sunday services, they do not need overflow parking.
James Schilleman, 120 N. Beech Street, stated that he is not opposed to any changes to the church. His only concern is the expansion of the parking lot. His apartment complex sits in the middle of their designs and he doesn’t want to be surrounded by parking lot. He didn’t believe the church could meet the conditions necessary for the approval of this variance. He believes the smaller addition could be constructed and no parking would be lost.
Flushing Zoning Board of Appeals
Minutes
September
17, 2001
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The Chairperson closed this portion of the public hearing.
Cook stated that she didn’t see how this could be anything else but self-created. She felt that by making it better for the church, they were making it worse for the city.
Variance – 413 E. Main Street – Motion by Kozan, seconded by O’Callaghan, that based on the evidence presented, and comments from the audience and with the fact that there is a need and demand for handicap accessibility that the variance of twenty-four (24) parking spaces be approved.
Yea: Kozan, O’Callaghan, Kehoe
Nay: Cook
Motion Carried.
Special Meeting – Motion by O’Callaghan, seconded by Kozan, to set a special meeting date of Tuesday, October 9, 2001 at 7:30 P.M.
Yea: Cook, Kozan, O’Callaghan, Kehoe
Nay: None
Motion Carried.
Adjourn – Motion by O’Callaghan, seconded by Cook, to adjourn.
Yea: Cook, Kozan, O’Callaghan, Kehoe
Nay: None
Motion Carried.
Adjourn: 8:20 P.M.
_____________________________
Nancy G. Parks, City Clerk/Treasurer