Columbus, Georgia

BOARD OF ZONING APPEALS



REGULAR MEETING - 2:00 P.M. ? DECEMBER 1, 2004





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

1, 2004 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. Edwards made a motion, which was seconded by Mr. King, to approve

the Minutes of the Monthly Meeting, which was held on November 3, 2004. Motion

carried unanimously.



Board Member David Fox was unable to attend the meeting, Mr. King made

a motion, which was seconded by Mr. Edwards, to excuse Mr. Fox?s absence on

today, December 1, 2004, for personal reasons. Motion carried unanimously.



Board Member Willie Lewis Jr. had to leave during the meeting, he did

hear cases 04-V165 thru 04-V170 and put his decisions on his agenda.





CASES TABLED FROM THE NOVEMBER 3rd MEETING.



Case No. 04-HO283--Denied.



There was no one present to present the application of Michael King, 3700 14th

Avenue, for a Certificate of Occupancy for a Home Occupation for an office only

for a carpentry business, Mike King. The property is zoned R-3A.



There was no opposition to this application.







BOARD OF ZONING APPEALS ? 12/01/2004





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

to deny this application because there was no one present to

present the application for two consecutive meetings. Motion

carried by the affirmative vote of the three Board Members

present for this meeting.



END OF CASES TABLED FROM THE NOVEMBER 3rd MEETING.



VARIANCES.



Case No. 04-V165--Granted.



John Lyles presented the appeal of JR Construction, 542 Wilder Drive Lot 9A,

for a variance to reduce the lot width requirement from 75 feet to 50 feet, in

order to erect a single family residence. The property is zoned R-1A.

(04-V165 & 04-V166 were presented at the same time)



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

Mr. Lyles gave the following information: This is one lot, he would like to

replat it and build two single family residences.



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. King, to grant

this appeal because the lot width will be similar to other lots in the area and

Planning recommends approval. Motion carried by the affirmative vote of the

four Board Members present for this meeting.



Case No. 04-V166?-Granted.



John Lyles presented the appeal of JR Construction, 542 Wilder Drive Lot 9B,

for a variance to reduce the lot width requirement from 75 feet to 50 feet, in

order to erect a single family residence. The property is zoned R-1A.





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BOARD OF ZONING APPEALS ? 12/01/2004



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

Mr. Lyles gave the following information: This is one lot, he would like to

replat it and build two single family residences.



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. King, to grant

this appeal because the lot width will be similar to other lots in the area and

Planning recommends approval. Motion carried by the affirmative vote of the

four Board Members present for this meeting.



Case No. 04-V167?-Granted.



Sherry Carr, 7335 McKee Road, presented the appeal for her husband, Larry, for

a variance to reduce the side yard setback requirement from 28 feet to 16 feet,

in order to make an addition, an enclosed breezeway and garage, to a single

family residence. The property is zoned A-1.



In her statement and in response to questions from the Board Members, Mrs. Carr

gave the following information: They would like to build a garage at the end

of their driveway. They will connect it to the breezeway because there isn?t a

lot of space. The same materials will be used to match the house.



There was no opposition presented to this appeal.



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

because the house is not close to another house. The enclosed breezeway and

garage will match the house. Motion carried by the affirmative vote of the

four Board Members present for this meeting.



Case No. 04-V168?-Tabled.



Mike Pylant, 7217 Midnightsun Lane and Steve Purdie, Contractor, presented the

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

to 1 foot, in order to make an addition, a carport, 16? x 30?, to a single

family residence. The property is zoned R-2.



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BOARD OF ZONING APPEALS ? 12/01/2004





In their statements and in response to questions from the Board

Members, Mr. Pylant and Mr. Purdie gave the following information: The carport

is already in place. The carport is used to cover their cars and to prevent

flooding because their neighbor has a slope. The rain drains to his door from

the neighbor and they have gutters to help prevent that.



When the Chairperson asked for opposition Lewis McGaland came forward. He

lives next door and they have two driveways side by side. He stated he had

pictures showing the carport hanging over the property line. The carport was

put up without a variance. The carport will lessen his property value and it

is dangerous cooking that close to his home. Putting the carport 1 foot will

reduce their property value.



Mr. Pylant stated if the gutter is protruding over the property line it is only

by a fraction.



The Board asked Mr. Pylant to get an accurate plat showing where the property

line is.



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

next month because they didn?t have an accurate plat to examine. Motion

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

meeting.



Case No. 04-V169?-Denied.



Billy Hanson of Signs Inc. and Freddie Blackmon presented the appeal of Greater

Beulah Baptist Church, 613 6th Avenue, from a Decision of the Board of Historic

and Architectural Review to deny approval of a sign that is not in keeping with

the Historic District?s guidelines. The property is zoned C-3.



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

Hanson and Mr. Blackmon gave the following information: The sign that BHAR

proposed for their church is not conducive for what they are trying to do.

They do not want the sign to be brick which is what BHAR recommends. They

would like their sign to be on a pedestal. In the future they will do some new

things with the church and they would like the new sign to reflect that and to

be readable. The direction they would like to go with their ministry is

consistent with the type sign they would like to get. They were told by BHAR

that in order to be classified





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BOARD OF ZONING APPEALS ? 12/1/2004



as Historical they must be at least 50 years of age and their church is not 50

years of age. There are other properties in that area that are not classified

as Historical.



The sign is approximately 55 feet from the curve and in order to get messages

on it the letters would have to be 6 to 8 inches and 3 to 4 lines a copy. The

new sign would also I.D. the church, they would need an extra foot to do that.

There is no other place on the property that identifies the church. They would

also like their small logo to the side.



Charles Davis, a member of the Board of Historic and Architectural

Review, stated the sign they would like to have for Greater Beulah Baptist

Church is very modern and the church building is a 50?s or 60?s brick

building. The Board is asking for brick in the design of the sign.



Aronda Smith, Planning, stated she has a map showing that Greater

Beulah Baptist Church is in a Historic area. A particular district has to be

50 years or older in order for that district to be classified as a Historic

District, they are not referring to the actual property itself.



Freddie Blackmon stated, every piece of property in their particular

district is not classified as historical.



Aronda Smith stated, the majority of those properties are over 50 years

old and that is how they were able to determine it would become a Historic

District. They look at the predominantly property and if 50 percent of those

are over 50 years old, then from that they were able to decide this could

belong in a Historical District.



There was no other opposition presented to this appeal.



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

appeal because BHAR did not abuse its discretion in reaching its decision.

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

this meeting.



Case No. 04-V170--Granted.



Barry Wells presented the appeal of Wells Construction, 1253 Gurr Avenue, for a

variance to reduce the side yard setback requirement from 8 feet to 5 feet 1

inch, in order to erect a single family residence. The property is zoned R-3A.



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BOARD OF ZONING APPEALS ? 12/01/2004





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

gave the following information: He does have BHAR approval. He has accurate

site plans and he will build a house. The house will have a pitch roof and

will look similar to the other houses.



When the Chairperson asked for opposition Stacey Doggett, Larry Carr, Doris

Carr, Maureen Rosenburg and Janice Bell came forward. Their concerns are: how

could this case go back before the B.Z.A. board within sixty days, this house

is pretty big and it will dwarf the house next to it and they did not receive

notification from BHAR (Board of Historic and Architectural Review).



Danny Cargill, Inspections and Code, explained that Mr. Wells moved the house 1

inch to ask for a different variance and he could go back before the board

(because he submitted a new application before the dead line for the next

month?s meeting).



Mr. Gurr stated his footprint will be 1680 square feet, the upstairs is

irrelevant and most of the houses are bigger than his. There is 1680 square

feet down stairs and 638 square feet upstairs, this is a two story single

family residence.



Mr. King made a motion to deny this appeal, motion failed because there

was no second. Mr. Edwards made a motion, which was seconded by Mr. King, to

grant this appeal because similar requests have been approved and BHAR has

recommended approval. Motion carried by a vote of 3 to 1 with Leah Braxton

voting against the motion.



Case No. 04-V171--Granted.



Tom Wooley, 3201 Old River Road, presented his appeal from a Decision of the

Building Official that an accessory structure is not allowed in the front

yard. The property is zoned A-1.



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

Mr. Wooley gave the following information: He has already erected his hobby

shop. It runs parallel to the end of his house because there is an area that

his wife would like to put a garden. He has 5 acres and it has a pie shape.

The rear of the property slopes off. The shop will be approximately 800 to 900

feet from the street.





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BOARD OF ZONING APPEALS ? 12/01/2004





There was no opposition presented to this appeal.



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

this appeal because the house is positioned on the property where it is not

actually facing the front yard, it is actually facing the side yard. The back

yard is sloping and the topography will not allow the building to be placed

anywhere else. Motion carried by the affirmative vote of the three Board

Members present for this meeting.



Case No. 04-V172?-Tabled.



There was no one present to present the appeal of Richard Catrett, 8501 Fortson

Road, for a variance to reduce the lot width requirement from 125 feet to 61.36

feet, in order to replat a lot. The property is zoned A-1.



There was no opposition presented to this appeal.



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

this appeal until the January meeting because there was no one present to

present the appeal. Motion carried by the affirmative vote of the three Board

Members present for this meeting.



END OF VARIANCES.



HOME OCCUPATIONS.



Case No. 04-HO298--Granted.



James D. Fulps, 6821 Panstone Drive, presented his application for a

Certificate of Occupancy for a Home Occupation for an office only for lawn

maintenance, Greenscape Property Management. The property is zoned R-2.



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

applicant gave the following information: He will be using one room in his

home as an office only. He will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work.



There was no opposition to this application.







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BOARD OF ZONING APPEALS ? 12/01/2004





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

application because it does meet the intent of the Home Occupation definition,

but with the stipulation that there will be no storage of work material at the

residence. Motion carried by the affirmative vote of the three Board Members

present for this meeting.



Case No. 04-HO299--Granted.



Kurt Miller, 6486 Georgian Way, presented his application for a Certificate of

Occupancy for a Home Occupation for an office only for selling home d?cor

(internet), Mystical D?cor. The property is zoned R-2.



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

applicant gave the following information: He will be using one room in his

home as an office only. He will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work. The home

d?cor will be ordered on line and dropped shipped to the customer?s home.



There was no opposition to this application.



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

application because it does meet the intent of the Home Occupation definition.

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

this meeting.



Case No. 04-HO300--Granted.



Stacie C. Walter, 2502 Japonica Drive, presented her application for a

Certificate of Occupancy for a Home Occupation for an office only for freelance

photography, Time 2 Remember. The property is zoned R-1A.



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

applicant gave the following information: She will be using one room in her

home as an office only. She will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work. She will

mainly take wedding pictures.



There was no opposition to this application.







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BOARD OF ZONING APPEALS ? 12/01/2004





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

application because it does meet the intent of the Home Occupation definition.

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

this meeting.



Case No. 04-HO301?-Granted.



Meryl Rifkin, 8076 Highlands presented the application for her and her partner,

Andy Smith, (both reside at same address) for a Certificate of Occupancy for a

Home Occupation for an office only for home repair, painting and window

washing, Home Team Solutions. The property is zoned R-1A.



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

applicant gave the following information: They will be using one room in their

home as an office only. They will have no employees and there will be no

additional traffic in the neighborhood. This will be full time work. They

will have off- site storage for their work equipment.



There was no opposition to this application.



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

application because it does meet the intent of the Home Occupation definition.

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

this meeting.



Case No. 04-HO302?-Granted.



Len Smith, 248 McCartha Drive, presented his application for a Certificate of

Occupancy for a Home Occupation for an office only for a construction company,

Raylenco Enterprises, Inc. The property is zoned R-1A.



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

applicant gave the following information: He will be using one room in his

home as an office only. He will have no employees and there will be no

additional traffic in the neighborhood. This will be full time work. He will

hire sub-contractors.



There was no opposition to this application.









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BOARD OF ZONING APPEALS ? 12/01/2004





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

application because it does meet the intent of the Home Occupation definition,

but with the stipulation that there will be no storage of work material at the

residence. Motion carried by the affirmative vote of the three Board Members

present for this meeting.



Case No. 04-HO303--Granted.



Larry & Elizabeth Haslett, 4820 Bruning Street, presented their application for

a Certificate of Occupancy for a Home Occupation for an office only for

distributing newspapers, Haslett Distributors. The property is zoned R-1A.



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

applicants gave the following information: They will be using one room in

their home as an office only. They will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work. He will

pick up the newspapers and distribute them.



There was no opposition to this application.



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

application because it does meet the intent of the Home Occupation definition.

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

this meeting.



Case No. 04-HO304?-Tabled.



There was no one present to present the application of James E. Moore, 1251

Floyd Road, for a Certificate of Occupancy for a Home Occupation for an office

only for a photographer, Fountain City Photography. The property is zoned R-1A.



There was no opposition to this application.



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

application until the January meeting because there was no one present to

present the application. Motion carried by the affirmative vote of the three

Board Members present for this meeting.





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BOARD OF ZONING APPEALS ? 12/01/2004





Case No. 04-HO305--Granted.



David Scott Roberts, 2708 Clubview Court, presented his application for a

Certificate of Occupancy for a Home Occupation for an office only for

converting home videos to dvd, Home Video Pro. The property is zoned R-2.



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

applicant gave the following information: He will be using one room in his

home as an office only. He will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work. He will

go to his client?s and pick up the videos.



There was no opposition to this application.



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

application because it does meet the intent of the Home Occupation definition.

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

this meeting.



Case No. 04-HO306?-Granted.



Amedria Wilkins, 4049 Sealy Lane, presented her application for a Certificate

of Occupancy for a Home Occupation for an office only for entertaining at

different engagements (singing/acting), RAHEL Entertainment. The property is

zoned R-3B.



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

applicant gave the following information: She will be using one room in her

home as an office only. She will have no employees and there will be no

additional traffic in the neighborhood. This will be part time

work.



There was no opposition to this application.



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

application because it does meet the intent of the Home Occupation definition.

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

this meeting.





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BOARD OF ZONING APPEALS ? 12/01/2004





Case No. 04-HO307?-Tabled.



There was no one present to present the application of Douglas B. Northrup,

7321 Cedar Creek Loop, for a Certificate of Occupancy for a Home Occupation for

an office only for a painting and home repair business, Extreme Remodeling.

The property is zoned R-1A.



There was no opposition to this application.



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

application until the January meeting because there was no one present to

present the application. Motion carried by the affirmative vote of the three

Board Members present for this meeting.



Case No. 04-HO308?-Granted.



Louverne Britt, 6834 Aldora Drive, presented her application for a Certificate

of Occupancy for a Home Occupation for an office only for selling jewelry,

caps, t-shirts and purses (sold away from the home), Khalon?s Fashion Jewelry &

Specialties. The property is zoned R-1A.



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

applicant gave the following information: She will be using one room in her

home as an office only. She will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work.



There was no opposition to this application.



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

application because it does meet the intent of the Home Occupation definition.

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

this meeting.



Case No. 04-HO309--Granted.



Kim Nelson, 6048 Bear Creek Court, presented her application for a Certificate

of Occupancy for a Home Occupation for an office only for making floral

arrangements, Wedding Flowers by Kimberly Nelson. The property is zoned R-3B.





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BOARD OF ZONING APPEALS ? 12/01/2004





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

applicant gave the following information: She will be using one room in her

home as an office only. She will have no employees and there will be no

additional traffic in the neighborhood. This will be full time work.



There was no opposition to this application.



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

application because it does meet the intent of the Home Occupation definition.

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

this meeting.



Case No. 04-HO310--Granted.



Nakia Rayson, 3400 St. Mary?s Road Lot 253, presented her application for a

Certificate of Occupancy for a Home Occupation for an office only for a day spa

& selling skin care products, Imunique. The property is zoned M-1.



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

applicant gave the following information: She will be using one room in her

home as an office only. She will have no employees and there will be no

additional traffic in the neighborhood. This will be full time work. She will

go to the clients. UPS will make deliveries approximately once every 3

months.



There was no opposition to this application.



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

application because it does meet the intent of the Home Occupation definition.

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

this meeting.



Case No. 04-HO311?-Granted.



Lisa Davis & J. C. Gary Jr., 4514 Mill Place Court, presented her application

for a Certificate of Occupancy for a Home Occupation for an office only for

roofing, tile, painting and real estate investing, Platinum Properties. The

property is zoned R-2.





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BOARD OF ZONING APPEALS ? 12/01/2004





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

applicants gave the following information: They will be using one room in

their home as an office only. They will have no employees and there will be no

additional traffic in the neighborhood. This will be part time work.



There was no opposition to this application.



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

application because it does meet the intent of the Home Occupation definition,

but with the stipulation that there will be no storage of work material at the

residence. Motion carried by the affirmative vote of the three Board Members

present for this meeting.



END OF HOME OCCUPATIONS.















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BOARD OF ZONING APPEALS ? 12/01/2004











The minutes of the regular meeting of November 3rd were approved as presented.



There being no further business to come before the Board,

the meeting adjourned at 4:00 p.m.















____________________ __________________

Leah Braxton, Bill Duck,

Chairperson Secretary





_____________________ __________________

David Fox, Danny Cargill,

Vice Chairperson Acting Secretary

















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