Title
To receive public comment and consider a Variance to request additional building height exceeding the maximum height of fifty (50) feet in the General Business 1 (GB1) zoning district as stated in Subchapter 4 Table 4.3.4 of the Unified Development Code on property zoned General Business (GB1) district. (BOA2026-00092)
Summary
The subject property is located north of the northwest corner of Heatherwilde Blvd. and Yellow Sage St. The approximate 4.725 acre lot is zoned General Business 1 (GB1) with an existing church to the south, zoned GB1, existing multifamily to the west, zoned Multifamily-10 (MF10), and Agriculture with an existing city trail system along Gilleland Creek Trail to the north.
The applicant is requesting a variance to Subchapter 4.3.4 of the Unified Development Code which states a maximum height of 50-feet in the district. As proposed, the architectural elevations show a 72-foot tall minaret - 68.50-feet to the top of the dome and an additional 3.5-feet for a metal ornament attached to the dome. The applicant has stated the height requirement imposes an unnecessary hardship on the project’s cultural and symbolic value. In addition, the applicant has stated the placement along Heatherwilde Blvd. frontage ensures the minaret services its intended purpose of visibility without negatively impacting the public interest.
Per section 3.15.3 of the Unified Development Code, the Board of Adjustments must find all of the criteria has been satisfied. Staff has provided responses to each requirement, written in italics.
A. Extraordinary Conditions: That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Unified Development Code will deprive the applicant of the reasonable use of their land. For example, a Variance might be justified because of topographic or other special conditions unique to the property itself and development involved, while it would not be justified due to inconvenience or financial disadvantage. Staff cannot substantiate the finding that there are extraordinary or special conditions affecting the land that would preclude the property from adhering to the height limitations adopted in the UDC.
B. No Substantial Detriment: That the granting of the variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area or to the City in administering this Code. The proposed Variance will not impact the public health, safety or welfare of the residents of Pflugerville.
C. Other Property: That the conditions that create the need for the variance do not generally apply to other property in the community. Staff is not aware of any height variances approved for other GB1 developments nor other churches. There is one other mosque constructed in Pflugerville which was constructed without a minaret, so staff cannot state with certainty the minaret is required as part of the religious building construction.
D. Applicant’s Actions: That the conditions that create the need for the variance are not the result of the applicant’s own actions. Staff has had conversations with the applicant in which is was stated if the variance is not approved, the applicant will resubmit with a design that meets the requirements of the GB1 district.
E. Comprehensive Plan: That the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this Code Staff confirms granting the requested Variance would not impact the goals set forth in the 2040 Aspire Comprehensive Plan as the Variance does not alter the land use.
F. Utilization: That because of the conditions that create the need for the variance, the application of this Code to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. The property is still developable within the rules of the GB1 district.
G. The following types of possible findings do not constitute sufficient grounds for granting a variance:
a. That the property cannot be used for its highest and best use. Staff confirms that the affected address can be utilized for a myriad of uses, one of which is a place of worship.
b. That there is a financial or economic hardship. Staff can confirm that there is not a financial or economic hardship adhering to the UDC.
c. That there is a self-created hardship by the property owner or their agent.
This variance is self-created.
Staff Recommendation
Because the findings required in the Unified Development Code have not been satisfactorily determined, staff recommends denial of the variance.