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Downtown Action Committee approves variance to screen chiller at First Church of Christ, Scientist

5512815 · July 31, 2025
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Summary

The committee unanimously approved two variances allowing mechanical equipment to encroach into a side interior setback and a fence height increase to fully screen new chiller equipment at the First Church of Christ, Scientist, with a condition requiring podocarpus hedges and a vinyl-coated top-rail fence.

The Downtown Action Committee unanimously approved a pair of variances April 10 allowing mechanical equipment for the First Church of Christ, Scientist to encroach into a side interior setback and permitting a 12-foot-6-inch fence to screen the equipment. The committee acted after staff recommended approval and after the applicant and staff explained site constraints and agreed easement language had been recorded.

The variances approve an interior setback reduction for the mechanical pad and equipment and increase the maximum fence height from 6 feet to 12 feet 6 inches to meet the city's screening requirements for mechanical equipment. Chris Kimberly, urban design planner, told the committee that "staff does support the variance requests, as it does comply with all these, variance standards." The approval was made conditional on the planning division staff report and one required condition: the proposed chain-link fence must be fully screened with podocarpus hedges and the fence shall be vinyl coated with a top rail.

Richard Kron Sage, representing Yellowfin Builders and the applicant, described the proposed installation and the requested encroachment: "the only part of the equipment that'll actually actually encroach the maintenance area is the western chiller on the northwest corner of the chiller. It's going to, encroach approximately 11 inches." Sage said the top of the equipment would reach about the same height as the proposed fence and that the equipment footprint measures about 113 inches by 88 inches. He also said the pad elevation is set to be 5 feet off the ground per base flood elevation requirements and that the elevation change requires the taller screen.

Committee members asked whether smaller or additional chillers could have avoided the height request. Kimberly responded that, given the historic church location, replatting of adjacent parcels and proximity to the 1 Flagler development, locating the equipment elsewhere or using a different configuration would still likely require variances and would be more visible to retail frontages. "I believe this is the most efficient way in terms of the actual, site itself and in relation to the, related 1 Flagler development," Kimberly said.

Staff reported that an easement granting maintenance access between the two affected properties had been recorded and that mailed notices were sent to property owners within 500 feet of the site. The committee's motion approving the variances referenced testimony in the record and the planning division report dated April 10, 2024, and the committee voted unanimously to approve the request.

The action applies to DAC Case No. 2401 (Variance 24030007). The approval allows the mechanical equipment to encroach (staff described the encroachment as approximately 11 inches at the northwest corner) and allows a fence height of 12 feet 6 inches, conditioned on the fencing and hedge screening described above. No additional permits or relocations were approved or directed by the committee during the meeting.