BOARD OF ZONING APPEALS
REGULAR MEETING - 2:00 P.M. ? SEPTEMBER 6, 2006
The Regular Meeting of the Board of Zoning Appeals was held Wednesday,
September 6, 2006 at 2:00 P.M., on the 1st Floor of the Government Center Annex
in the conference room, 420-10th Street. Mr. Billy Edwards, Vice Chairman,
called the meeting to order. The board members present were:
Mr. Ralph King
Mr. Willie Lewis Jr.
Also present representing the Inspections and Code Enforcement Department was
Mr. Danny Cargill, Secretary of the Board, and Mrs. Millicent Burden, Recording
Secretary. Also, Mrs. Lynda Temples, representing the Planning Division.
VARIANCES:
Case No. 06-V106?-Granted:
Eugene Roper, 1640 17th Avenue, presented the appeal for a variance to reduce
the side setback requirement from 5 ft to 3 ft 5 in and to reduce the rear
setback requirement from 5 ft to 3 ft 7 in to add a garage. The property is
zoned RMF1.
Mr. Roper stated that he the garage he wants to add is open in the front. The
fence on the right side is inside the property line and he has permission to
take it down. The retaining wall in the rear is on his property. The materials
used will be hardi-plank.
BHAR has given approval.
There was no opposition presented to this appeal.
Mr. King made a motion to approve the request because it has the approval of
BHAR, which was seconded by Mr. Lewis. Motion carried unanimously.
Case No. 06-V107--Granted:
William E. House, 13745 Upatoi Lane, and Stephen K. Hodge, adjacent property
owner, presented the appeal for a variance to reduce the side setback
requirement from 20 ft to 7 ft for an addition. The property is zoned RE1.
Mr. House stated that he is adding a garage to a preexisting slab. He also
stated that the water drainage would be controlled. Materials used will be
hardi-plank. Mr. Hodge stated that he had no objection to the request.
There was no opposition presented to this appeal.
Mr. Lewis made a motion to approve the request based on the fact that Mr. House
will control the water flow. Mr. King seconded the motion stating that he will
build with hardi-plank, which will match the existing home. Mr. Edwards added
that it would be erected over an existing slab. Motion carried unanimously.
Case No. 06-V108--Granted:
Edward Dingle, Jr., 560 Haverford Drive, presented the appeal for a variance to
reduce the side yard setback requirement from 8 ft to 4 ft to add a carport.
The property is zoned SFR2.
Mr. Dingle stated that it would be a single car garage over an existing slab.
The water drainage will come off of the front and back and will flow into the
back yard. The materials used will be hardi-plank.
There was no opposition presented to this appeal.
Mr. King made a motion to approve the request. The addition is over an
existing slab and will be built with hardi-plank to match the existing house
and the water-flow will not disturb the neighboring yard. Mr. Lewis seconded
the motion. Motion carried unanimously.
Case No. 06-V109--Granted:
Dennis Higdon, 8959 Moore Road, presented the appeal for a variance to reduce
the rear setback requirement from 50 ft to 21 ft and to reduce the side setback
requirement from 25 ft to 4 ft for an accessory structure. The property is
zoned RE1.
Mr. Higdon stated that he lives at 8939 Moore Road and the lot at 8959 Moore
Road, was given to his daughter by him. She plans to put in a pool and a
utility shed, which will compliment the house. It will be on a slab. The
neighbors behind them stated that they had no objections.
Mr. Lewis reminded Mr. Higdon that only non-flammable materials could be stored
in the storage shed.
There was no opposition presented to this appeal.
Mr. Lewis made a motion to approve the request based on the fact that there
will not be any flammable materials stored in shed. Mr. King seconded the
motion also stating that it will be erected in the rear left side of the lot in
order for a pool to be built. Motion carried unanimously.
Case No. 06-V110--Granted:
Chris Moore of Pool Maintenance Plus, 500 Old Double Churches Road, presented
the appeal for a variance to allow an accessory structure in the side yard.
The property is zoned SFR2.
Mr. Moore is requesting this variance because the terrain falls off very
sharply in the rear of the home. There is a retaining wall already in place in
the side yard. The pool will not be visible from Old Double Churches Road.
The lot measures 4.5 acres.
There was no opposition to the appeal.
Mr. King made a motion to grant the appeal due to the fact that this is an odd
shaped lot and will not be visible from Old Double Churches Road. Mr. Lewis
seconded the motion. Motion carried unanimously.
Cases No. 06-V111--Granted:
Terry Ernst of Aquarius Pools and Don Loiselle, homeowner, 9180 Midland Woods
Drive, presented the appeal for a variance to reduce the rear setback
requirement from 50 ft to 20 ft for an accessory structure. The property is
zoned RE1.
Mr. Ernst stated that there would not be enough room to install the pool at the
50 ft line. Mr. Loiselle presented pictures to the Board to allow them an
opportunity to have a visual perspective regarding the request. The also need
the request to allow the natural drainage to flow between the house and the
pool.
There was no opposition presented to this appeal.
Mr. Lewis made a motion to grant the appeal based on the statement of the
applicant. Mr. King seconded the motion and added that the pool be set back in
the rear. Mr. Edwards added that the reason for the pool to be set back from
the house is to allow drainage between the pool and the house. Motion carried
unanimously.
Case No. 06-V112-Granted:
Phillip Carter of CWD Inc., 5393 Converse Drive, presented the appeal for a
variance to reduce the front setback requirement from 25 ft to 15 ft. The
property is zoned SFR3.
Mr. Carter stated that there is a ditch that cannot be covered up so they have
shifted the house forward. It cannot be moved over anymore. He is trying to
keep the homes in alignment since it is in a cul-de-sac. He also stated that
in flipping the plan, the ditch becomes a major issue.
There was no opposition presented to this appeal.
Mr. King made a motion to grant the appeal due to the alignment of the homes in
the cul-de-sac, the terrain and the drainage. Mr. Lewis seconded the motion.
Motion carried unanimously.
Case No. 06-V113--Denied:
Dave Erickson and Mark Martin of Cusseta Road LLC, 1106 Antietam Court,
presented the appeal for a variance to change the width requirement at the
building line for Lots 6,7, &8, Section A, from 75 ft to 25 ft. The property
is zoned SFR2.
There was no opposition presented to this appeal.
Mr. Erickson stated that the new UDO does not allow the developer to
pre-approve a variance when necessary, so they have to finish the project and
then get the variance. There is 75 ft frontage on the street, they are looking
to have 25 ft each, which is the minimum requirement, and there would be a
common driveway that would branch as it gets to each house. All lots are at
least a third to a half-acre in size and would be consistent to the rest of the
neighborhood.
The Planning Division recommended denial.
There was no opposition presented to this appeal.
Mr. King made a motion to deny the appeal due to the fact that it is
inconsistent with the existing subdivision; and it places no hardship on the
developer. Mr. Lewis seconded the motion. Motion carried unanimously.
Case No. 06-V114--Granted:
Warren Mason of Moon, Meeks, Mason & Vinson, 5828 Moon Road, presented the
appeal for a variance to reduce the parking lot islands; to reduce the required
size of parking spaces from 20 ft deep to 17 ft deep; and to reduce the
required number of parking spaces from 350 to 196. The property is zoned NC.
Mr. Mason presented a proposed modification to the Allendale Shopping Center.
The owner has asked them to help him with entrance to and from the property;
making it safer and easy to access as part of the overall updating. They?ve
shifted the parking spaces back and allowed more stacking and landscaping at
the entrance. They have met the traffic department?s approval.
There was no opposition presented to this appeal.
Mr. King made a motion to grant the appeal. The reduction is an effort to
improve the parking lot and increase green space. Mr. Lewis seconded the
motion. Mr. Edwards mentioned that it would also make the entrance a lot
safer. Motion carried unanimously.
Case No. 06-V115?Granted:
Robert Teasley of Signs Inc. and Vicki Smith, 3201 Macon Road, presented the
appeal for a variance to change the maximum height requirement from 35 ft to 85
ft; to add a 7th sign; and to add an additional 300 square ft. The property is
zoned NC.
Mr. Teasley stated that the shopping center sits on a 47-acre site. They are
in the process of trying to lease the old Service Merchandise building and the
potential clients are asking if there is any readable space for a sign from the
interstate. The other surrounding major businesses do have readable
directional signs from the interstate. They wish to identify the center and
have space for 8 tenants.
Mrs. Diane Hewitt, Sign Inspector, came forth with questions regarding the
number of signs requested. Mr. Teasley mentioned to her that the signs
belonging to LaQuinta and Longhorn were individually owned and were not a part
of the appellant?s property. At which time, Mr. Cargill stated that it is all
one parcel according to the tax map.
There was no opposition presented to this appeal.
Mr. Lewis made a motion to grant the appeal due to the fact that the signs
conform to most of the other signs in the area. Mr. King seconded the motion
and stated that it would allow more exposure to the shopping center. Motion
carried unanimously.
Case No. 06-V116?Granted:
James Carlson of Concordia Properties LLC, 7041 Whittlesey Boulevard, presented
the appeal for a variance to increase the parking space requirement from 97 to
177. The property is zoned GC.
Mr. Carlson stated that they are proposing to build a 45,800 ft shopping
center. Due to some lease issues, they are not ready to build 20,000 ft of
that center. With the inter-connectivity that they have, they would like to
implement the full parking space requirement to prepare for the growth.
There was no opposition presented to this appeal.
Mr. King made a motion to grant the appeal. The effort to implement the
required parking for future development is welcomed. Mr. Lewis seconded the
motion. Motion carried unanimously.
CASES TABLED FROM AUGUST 2, 2006 AGENDA:
Case No.06-V100-V102?Granted:
Dale Smith of Ray M. Wright, 1531 Tom Buk Tu Lane, Lots 10,12& 13, presented
the appeal for a variance to reduce the minimum lot width from 75 ft to 55 ft
for Lot 10; from 75 ft to 61 ft for Lot 12; and from 75 ft to 66 ft for Lot
13. The property is zoned SFR2.
Mr. Smith stated that he has the depth to get the houses in, he just doesn?t
have the total width that is needed. He also stated that he would not have to
come back for a variance since he has floor plans that will fit the lots.
There was no opposition presented to this appeal.
Mr. Lewis made a motion to grant the appeals based on the approval of the
Planning Division. Mr. King seconded the motion, making note that this is a
cul-de-sac and the lots have room for suitable housing, which is consistent
with the rest of the area. Mr. Edwards mentioned that the appellant stated
that they would not need a future variance for either lot. Motion carried
unanimously.
Mr. Lewis made a motion to accept the minutes of the regular meeting of August
2, 2006 for approval as written, which was seconded by Mr. King. Motion
carried unanimously.
Mr. King made a motion to excuse Mr. Perry Borom from the board meeting, which
was seconded by Mr. Lewis. Motion carried unanimously.
Mr. Lewis made a motion to excuse Mr. David Fox from the board meeting, which
was seconded by Mr. King.
There being no further business to come before the Board, the meeting adjourned
at 3:20 p.m.
____________________ __________________
David E. Fox Bill Duck
Chairperson Secretary
_____________________ __________________
Billy Edwards Danny Cargill
Vice Chairperson Acting Secretary
Attachments
No attachments for this document.