Columbus, Georgia

BOARD OF ZONING APPEALS



REGULAR MEETING - 2:00 P.M. ? JUNE 1, 2005





The Regular Meeting of the Board of Zoning Appeals was held Wednesday, June 1,

2005 at 2:00 P.M., on the 1st Floor of the Government Center Annex, 420-10th

Street. Members present were:





Mrs. Leah Braxton, Chairperson

Mr. Willie Lewis Jr.

Mr. Billy Edwards

Mr. Ralph King



Also present were Mr. Danny Cargill, Secretary of the Board, and Ms. Veronica

Pitts, Recording Secretary.



Mr. King made a motion, which was seconded by Mr. Lewis, to approve the

Minutes of the Monthly Meeting, which was held on May 4, 2005. Motion carried

unanimously.



Board Member David Fox was unable to attend the meeting. Mr. Lewis made a

motion, which was seconded by Mr. Edwards, to excuse Mr. Fox absence on today,

June 1, 2005, for business reasons. Motion carried unanimously by the four

Board Members present for this meeting.



CASES TABLED FROM THE MAY 4th MEETING.



Case No. 05-V70?-Denied.



There was no one present to present the appeal of Stanley Merritt, 1001 Neill

Drive (A), for a variance to reduce the lot area requirement from 6000 square

feet to 4100 square feet, to subdivide a lot, in order to erect a single family

residence. The property is zoned RMF1.



Planning recommends denial of this request. The memorandum from Planning is

attached and therefore is considered a part of these minutes.



There was no opposition presented to this appeal.







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Mr. King made a motion, which was seconded by Mr. Lewis, to deny this appeal

because the appellant did not show up for the meeting. Motion carried by the

affirmative vote of the four Board Members present for this meeting.



Case No. 05-V71?-Denied.



There was no one present to present the appeal of Stanley Merritt, 1005 Neill

Drive (B), for a variance to reduce the lot area requirement from 6000 square

feet to 4300 square feet, to subdivide a lot, in order to erect a single family

residence. The property is zoned RMF1.



Planning recommends denial of this request. The memorandum from Planning is

attached and therefore is considered a part of these minutes.



There was no opposition presented to this appeal.



Mr. King made a motion, which was seconded by Mr. Lewis, to deny this appeal

because the appellant did not show up for the meeting. Motion carried by the

affirmative vote of the four Board Members present for this meeting.



Case No. 05-V72?-Denied.



There was no one present to present the appeal of Stanley Merritt, a portion of

1001 Neill Drive and a portion of 1005 Neill Drive (C), for a variance to

reduce the lot area requirement from 6000 square feet to 5000 square feet, to

subdivide a lot, in order to erect a single family residence. The property is

zoned RMF1.



Planning recommends denial of this request. The memorandum from Planning is

attached and therefore is considered a part of these minutes.



There was no opposition presented to this appeal.



Mr. King made a motion, which was seconded by Mr. Lewis, to deny this appeal

because the appellant did not show up for the meeting. Motion carried by the

affirmative vote of the four Board Members present for this meeting.







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Board of Zoning Appeals ? 06/01/2005





Case No. 05-V87--Granted.



Rodney Milner, 5110 Hamilton Road, presented his appeal for a variance to

reduce the lot width requirement from 40 feet to 25 feet, in order to subdivide

a lot. The property is zoned GC.



In his statement and in response to questions from the Board Members,

Mr. Milner gave the following information: He had to verify the distance of

the side line of his buildings to the property line. He brought in the plat to

show where the buildings are located.



Planning recommends approval of this request. The memorandum from

Planning is attached and therefore is considered a part of these minutes.



There was no opposition presented to this appeal.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant

this appeal to separate buildings so that the property can be sold. Motion

carried by the affirmative vote of the four Board Members present for this

meeting.



END OF CASES TABLED FROM THE MAY 4th MEETING.



VARIANCES.



Case No. 05-V90--Granted.



Vernon Nicholson of Nicholson Construction presented the appeal of Kingdom Hall

of Jehovah Witnesses, 9947 Veterans Parkway, for a variance to increase the

sign area from 15 square feet to 32 square feet. The property is zoned RE1.



In his statement and in response to questions from the Board Members,

Mr. Nicholson gave the following information: The square footage of a sign in

this area was changed in the sign ordinance this year. The setback is 30 feet

from the property line. The ordinance is about 15 square feet per sign in that

area. They are asking for a 4? x 8? plywood sign at 32 square feet. They have

7 buildings in the Columbus and Phenix City area and all 7 buildings have this

same similar sign. With the changing of the sign





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Board of Zoning Appeals ? 06/01/2005





ordinance, that is what made it possible for them to come down and make this

request. Both columns are brick, the sign is made out of laminated plywood and

is plywood engraved. The sign will compliment the building and it will not

have lighting.



There was no opposition presented to this appeal.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant

this appeal because this is not that big of a sign for the church and the size

of the property. This is not uncommon, the board has done this in the past.

Motion carried by the affirmative vote of the four Board Members present for

this meeting.



Case No. 05-V91?-Tabled.



Donald M. Fuller, 7169 Willow Oak Drive, presented his appeal from a Decision

of the Building Official that an accessory structure is not allowed in the side

yard. The property is zoned SFR3.



In his statement and in response to questions from the Board Members,

Mr. Fuller gave the following information: He has the only lot in the

neighborhood that has over 5 acres of land. The building that he wants to

build will not be seen from the street. There is a large border of trees

behind Mr. Allen Fuller?s house (his neighbor) where the building will be

located, no one can see what is going on or will ever see the building. Mr.

Allen Fuller will not be able to see the building unless he is on his property

(Donald?s property). In the back of his property is Total Systems and he would

rather look at his accessory structure than Total Systems building. He could

have built the building behind the house and every one could see it, but he

didn?t want to do that and he wouldn?t need a variance. It will be a metal

building 40? x 60?. It will be used for storage, store old cars and home

projects. He will have three roll up doors, no bathroom or kitchen, it will

have electricity.



When the Chairperson asked for opposition Allen Fuller came forward. He stated

there are covenants in the subdivision and the covenants go with the property,

it specifically prohibits buildings of this nature. It will damage the value

of his home, the ability to resale it and the noise level will increase.







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Board of Zoning Appeals ? 06/01/2005





Some of the neighbors that live within 200 feet of Mr. Donald Fuller?s

property did not receive notification of this request for a variance because of

a problem with GIS (Geographical Information Systems) picking up all of these

addresses.



Mr. King made a motion, which was seconded by Mr. Lewis, to table this

appeal until the July meeting because several neighbors were not notified.

Motion carried by the affirmative vote of the four Board Members present for

this meeting.



Case No. 05-V92?-Granted.



Vicky Smith, Property Manager and Robert Teasley of Signs, Inc., presented the

appeal of Cross Country Plaza/Glenwood Development LLC, 3201 Macon Road, for a

variance to increase the size of an existing sign from 500 square feet to 596

square feet. The property is zoned NC.



In their statements and in response to questions from the Board Members, Mr.

Smith and Mr. Teasley gave the following information: Currently in the sign

ordinance if there is over 300 square footage of frontage, a total of 300

square feet of sign is allowed. This particular tract of land has 27 acres and

they have one sign on the property. There are some areas in the Cross Country

Plaza that are not visible from Macon Road. They are basically doing the

bottom blank 4 tenant panels which is what they are trying to add.



There was no opposition presented to this appeal.



Mr. Edwards made a motion, which was seconded by Mr. King, to grant this appeal

because of the size of the property, the size of the sign and the number of

businesses this is needed. Motion carried by the affirmative vote of the four

Board Members present for this meeting.



Case No. 05-V93--Granted.



Walter D. Janney, 3615 Phelts Drive, presented his appeal for a variance to

reduce the rear yard setback requirement from 30 feet to 26 feet, in order to

make an addition, 24? x 30?, to a single family residence. The property is

zoned SFR3.





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Board of Zoning Appeals ? 06/01/2005





In his statement and in response to questions from the Board Members, Mr.

Janney gave the following information: He would like to add a bedroom and

bathroom to the back of the house. The materials will match the existing

house.



There was no opposition presented to this appeal.



Mr. King made a motion, which was seconded by Mr. Lewis, to grant this

appeal because the addition will match the existing house. Motion carried by

the affirmative vote of the four Board Members present for this meeting.



Case No. 05-V94--Granted.



James Johnson presented the appeal of Neighbor Works Columbus/CHI, 4724 13th

Avenue, for a variance to reduce the side yard setback requirement from 5 feet

to 4 feet, in order to erect a single family residence. The property is zoned

SFR4.



In his statement and in response to questions from the Board Members,

Mr. Johnson gave the following information: They have 5 lots, one house has

already been built. There are 4 additional lots. Every other house will have

a carport. This particular house has a carport which is 2 feet wider than the

other homes, making it a 12 foot carport. It will have 4 feet on the side

instead of 5 feet. The other houses are 5 to 7 feet and they have lots on each

side of this property. There will not be a water problem, there will be a

retaining wall right on the property line.

There was no opposition presented to this appeal.



Mr. Edwards made a motion, which was seconded by Mr. King, to grant

this appeal because the different plan they are using has a carport on it, all

of the houses in the neighborhood are about the same feet off of the property

line. The water will not be a problem, they will build a retaining wall.

Motion carried by the affirmative vote of the four Board Members present for

this meeting.



Case No. 05-V95?-Granted.



Wright Wade presented the appeal of Warner Road Development Corp., 5913 Warner

Road, for a variance to reduce the lot width requirement from 50 feet to 28

feet, in order to subdivide a lot to erect a single family residence. The

property is zoned RMF1.



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Board of Zoning Appeals ? 06/01/2005





In his statement and in response to questions from the Board Members,

Mr. Wade gave the following information: Originally he had the property

rezoned to put in 20 duplexes which would have been 40 units. It was rezoned

and the layout was approved. There was a lot of opposition from the neighbors,

he took that into consideration and decided to build 17 single family

residences. Because of the configuration of this lot, which is a flag lot,

they need a variance. The house will sit catty-cornered.



Planning recommends approval of this request. The memorandum from Planning is

attached and therefore is considered a part of these minutes.



There was no opposition presented to this appeal.



Mr. King made a motion, which was seconded by Mr. Lewis, to grant this

appeal because this will make the lot feasible for the developer and Planning

recommends approval of this request. Motion carried by the affirmative vote of

the four Board Members present for this meeting.



Case No. 05-V96?-Granted.



Robert Creech, 15 South Whisper Court, presented his appeal for a variance to

reduce the side yard setback requirement from 5 feet to 4 feet, in order to

erect a garage/storage. The property is zoned SFR3.



In his statement and in response to questions from the Board Members,

Mr. Creech gave the following information: He would like to build a garage so

they can have additional storage on the lot. There is no where else to put it

except at the end of the driveway. He had a pool put in 3 years ago and it was

put to close on one side. The garage will match the house. The water will

flow down the driveway to the street.



Billy Edwards, Board Member, asked Mr. Creech if he would put gutters

on it? When someone gable?s a roof that close to the property water is a

concern.



Mr. Creech stated he did not have a problem with putting up gutters, he

would be glad to put up gutters.









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Board of Zoning Appeals ? 06/01/2005





There was a letter from Elmer C. Miller, 16 South Whisper Court, who

has no objections to this request.



There was no opposition presented to this appeal.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant this

appeal to build a garage/storage. The applicant is willing to add gutters so

there will not be a water problem. Motion carried by the affirmative vote of

the four Board Members present for this meeting.



Case No. 05-V97--Granted.



Michael K. Schultz, 3313 West Britt David Road, presented his appeal for a

variance to reduce the corner side yard setback requirement from 25 feet to 16

feet, in order to make an addition, 22? x 26?, a carport, to a single family

residence. The property is zoned SFR3.



In his statement and in response to questions from the Board Members, Mr.

Schultz gave the following information: He was told by a friend that he didn?t

need a permit to make the carport addition to his home. The carport is almost

complete. It will be framed up with hardy board. It will be over an existing

pad. There will not be a problem with the line of sight, before the carport

there was about 70 feet from the road.



There was no opposition presented to this appeal.



Mr. Edwards made a motion, which was seconded by Mr. King, to grant

this appeal because the carport will be over an existing pad and the site line

shouldn?t be a problem. Motion carried by the affirmative vote of the four

Board Members present for this meeting.



Case No. 05-V98--Granted.



Patricia Sizemore, 5374 Misty Lane, and Comer Alexander presented the appeal

for a variance to reduce the side yard setback requirement from 8 feet to 4

feet, in order to make an addition, 11? x 27?, a carport, to a single family

residence. The property is zoned SFR2.









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Board of Zoning Appeals ? 06/01/2005





In their statements and in response to questions from the Board

Members, Ms. Sizemore and Mr. Alexander gave the following information: They

would like to put a carport over an existing pad and it will be 4 feet from the

property line. The roof line will extend totally and it will match the

existing house. It will have 6? x 6? columns holding it up. The roof will be

gable and the water will go to the front and back.



There was no opposition presented to this appeal.



Mr. King made a motion, which was seconded by Mr. Lewis, to grant this

appeal because the addition will follow the lines of the existing home and the

water will go to the front and rear, which will not be an issue. Motion

carried by the affirmative vote of the four Board Members present for this

meeting.



Case No. 05-V99--Granted.



Kenneth Levy, Architect, and David Cummings presented the appeal of 1201 18th

Street, for a variance to reduce the front yard setback requirement from 25

feet to 16 feet and to reduce the corner side yard setback requirement from 25

feet to 12 feet and to reduce the parking aisle from 24 feet to 9 feet, in

order to erect a building. The property is zoned GC.



In their statements and in response to questions from the Board Members, Mr.

Levy and Mr. Cummings gave the following information: They have several lots

they are redeveloping for medical offices, two of the lots are being platted to

be one piece of property. Currently there are three houses on the property.

Originally they planned rehabilitating, renovating or adding on to the existing

house for the medical office building, which has since proven to be to

expensive. What they would like to do is erect a new residential style

building. It will be approximately the same setbacks as the house is right

now. On the back they would like to add a place for employee parking and in

order to do that they would have to use part of the alley.



There was no opposition presented to this appeal.



Mr. Edwards made a motion, which was seconded by Mr. Lewis, to grant

this appeal because this will be an improvement to the neighborhood and they

will do away with the substandard homes that haven?t been occupied. Motion

carried by the affirmative vote of the four Board Members present for this

meeting.



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Board of Zoning Appeals ? 06/01/2005





Case No. 05-V100--Denied.



Shawn Warren, Action Buildings, presented the appeal of Georgia Bariatrics,

1432 Briarwood Avenue, from a Decision of the Building Official that an

accessory structure is not allowed in the side yard and for a variance to

reduce the front yard setback requirement from 25 feet to 6 feet, in order to

erect a guard house, 4? x 8?. The property is zoned RO.



In his statement and in response to questions from the Board Members,

Mr. Warren gave the following information: The lot to the left of the

Briarwood lot is owned by the same person. They are going to share a parking

lot. They wanted to save some parking spaces. The accessory structure will be

a guard house, they want someone to look over the parking lot.



Danny Cargill, Inspection and Codes, stated the guard house would have

to be built to the building code because it will inhabited for business use.



There was no opposition presented to this appeal.



Mr. Edwards made a motion, which was seconded by Mr. King to deny this

appeal because they have other options. Motion carried by the affirmative vote

of the four Board Members present for this meeting.



END OF VARIANCES.







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Board of Zoning Appeals ? 06/01/2005













The minutes of the regular meeting of May 4th were approved as presented.



There being no further business to come before the Board,

the meeting adjourned at 3:15 p.m.















____________________ __________________

Leah Braxton, Bill Duck,

Chairperson Secretary





_____________________ __________________

David Fox, Danny Cargill,

Vice Chairperson Acting Secretary











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