BOARD OF ZONING APPEALS
REGULAR MEETING - 2:00 P.M. ? JULY 11, 2007
The Regular Meeting of the Board of Zoning Appeals was held Wednesday, July
11th, 2007 at 2:00 P.M., on the 1st Floor of the Government Center Annex in the
conference room, 420-10th Street. Mr. Billy Edwards, Board Chairman, called
the meeting to order. The board members present were:
Mr. Ralph King
Mr. Perry Borom
Mr. Wright Wade
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. Ms. Tracy Hall was also present representing the Planning
Division.
CASE NO. 07-V045--GRANTED
Marvin E. Jones, 10530 Whitesville Road, to reduce the
rear yard setback requirement from 50 ft to 10 ft for an accessory structure.
The property is zoned RE1.
Mr. Jones stated that he had to move from his residence of 52 years and in
doing so, he had his storage buildings relocated by Banner Buildings who
informed him that he did not need a permit. He received a notice from the
building inspectors and went to purchase a permit. After which, he was
informed that he needed a variance for the setback requirements. He stated
that it was all just a mix-up.
There was no opposition present for this appeal.
Mr. King made a motion to grant this appeal stating that the buildings were
moved and he was unaware of his requirements and it was not causing any
problems with the neighbors. Mr. Wade seconded the motion. Motion carried
unanimously.
CASE NO. 07-V046--GRANTED
Allen Layfield and Mulford Waldrop represented Jeffrey K. Martin, 3230 Park
Avenue, to reduce the side yard setback requirement from 5 ft to 3 ft; and to
reduce the rear yard setback requirement from 30 ft to 8 ft for a covered deck
and an addition. The property is zoned SFR4.
Mr. Layfield stated that he was there to represent the Martins in their absence
since he was familiar with the project. The roof on the back door had to be
raised to get a standard door installed and in doing so, he decided to add a
covered porch. The house is existing non-conforming.
There was no opposition present for this appeal.
Mr. Wade made a motion to grant this appeal stating that the house had a
non-conforming door and there was no objection from the neighbors. Mr. Lewis
seconded the motion. Motion carried unanimously.
CASE NO. 07-V047 & 07-V048--TABLED
Appeal of Robert Ashley, 2850 & 2852 Barbara Road, to reduce the side yard
setback requirement from 8 ft to 5 ft to erect a single-family residence. The
property is zoned SFR2.
Mr. King made a motion to table until the next meeting. Mr. Lewis seconded the
motion. Motion carried unanimously.
CASE NO. 07-V049--GRANTED
Robert D. Duncan III, 2408 Country Club Road, to reduce the rear yard setback
requirement from 30 ft to 15 ft to erect a single-family residence. The
property is zoned SFR2.
Mr. Duncan stated that he bought the lot several months after the existing
house was torn down. The way the lot is situated on the corner, the house he
plans to build will dominate the corner if the variance is not granted. He
intends to build a house on the site that will compliment and add value to the
neighborhood.
There was no opposition present for this appeal.
Mr. Wade made a motion to grant this appeal stating that the homeowner would
build a home in the same style with the rest of the neighborhood. Mr. Borom
seconded the motion. Motion carried unanimously.
CASE NO. 07-V050--GRANTED
Ricky Wilder of Superior Pools Plus and Sandy Bacle, 13920 Heritage Drive, to
reduce the rear yard setback requirement from 50 ft to 5 ft for an accessory
structure. The property is zoned RE1.
Mr. Wilder stated that they will be installing a 18 x 36 in-ground pool. He
has to add a deck and a fence behind the pool and needs the 5 ft setback.
There was no opposition present for this appeal.
Mr. King made a motion to grant this appeal stating that the septic system is
causing a problem with the placement and it will back up to a privacy fence.
Mr. Borom seconded the motion. Motion carried unanimously.
CASE NO. 07-V051--GRANTED
Jack Hughston of Edgar Hughston Builder, Inc., 5601 Poydasheff Court, to reduce
the corner side yard setback requirement from 25 ft to 15 ft to erect a
single-family residence. The property is zoned SFR3.
Mr. Hughston stated that this is a corner lot that is pie shaped. He would
like to have the variance granted to put a home on the lot with plenty of room
on each side and keep it in unison with the rest of the neighborhood. The
drainage will slope toward the side street.
There was no opposition present for this appeal.
Mr. Lewis made a motion to grant this appeal stating that there was no
opposition. Mr. Borom seconded the motion. Mr. King added that this was an
unusually shaped lot. Motion carried unanimously.
CASE NO. 07-V052--TABLED
Appeal of A-Airflow Awning, 2318 Lancelot Place, to reduce the side yard
setback requirement from 8 ft to 1 ft to erect a carport. The property is
zoned SFR3.
Mr. King made a motion to table this request until the next meeting. Mr. Lewis
seconded the motion. Motion carried unanimously.
CASE NO. 07-V053--GRANTED
Jason Palmer, 7121 Vinings Way, to reduce the side yard setback requirement
from 5 ft to 4 ft; and to reduce the rear yard setback requirement from 5 ft to
1 ft 6 in for an accessory structure. The property is zoned SFR3.
Jason & Michelle Palmer stated that this a project they decided
on for more storage and did not know they needed a building permit. After
being informed by a building inspector, they applied for the permit and were
told that they needed a variance. The storage building is still in the
construction phase and they work on the building when they have the funds to.
The back yard has an erosion problem and the building will help the problem.
They are using the same materials and colors to match the existing house. She
also stated that they did not have any neighborhood covenant regarding
accessory structures.
Sally Langley came forth in opposition to the request. She stated that they do
indeed have a neighborhood covenant and presented a copy to the board. She
referenced other neighbors with opposition to the request as well. After a
lengthy discussion, she asked the board not to grant the variance due to the
structure not being in compliance with the neighborhood covenant.
The board informed her that we do not enforce neighborhood covenants.
The Palmers stated to the board that whatever stipulations or alterations they
needed to make to keep the structure, they were willing to comply.
Mr. Lewis made a motion to grant this appeal based on the statement from the
applicant that they had invested time and finances in this structure but
acknowledged the opposition present. Mr. Borom seconded the motion. Mr.
Edwards added that the structure aided the erosion problem. Motion carried 3-1.
CASE NO. 07-V054 & 07-V055--GRANTED
Donald Bowles, Inc., 5151 & 5163 McCaghren Drive, to reduce the minimum lot
width requirement from 50 ft to 25 ft pending replat. The property is zoned
SFR4.
Mr. Bowles stated that he purchased the property three years ago and had it
rezoned to SFR4. At the time he presented to council a conceptual drawing that
showed 1 flag lot. With the new drawings given by Hobbs & Smith, it was
reviewed and approved by the Planning Division pending replat. The houses that
he plans to build will be similar to the ones he previously built in the River
Rock subdivision.
The Planning Division recommended approval stating that it does still meet the
lot size requirement for that district.
There was no opposition present for this appeal.
Mr. King made a motion to grant this appeal stating that this is an unusual
plat that has received approval from council. Mr. Borom seconded the motion.
Motion carried unanimously.
CASE NO. 07-V056--GRANTED
Clay Allen, 4219 Anglin Road, to reduce the minimum lot width requirement from
75 ft to 35 ft. The property is zoned SFR2.
Mr. Allen stated that he plans to build on parcel A. The driveway will not be
shared.
There was no opposition present for this appeal.
Mr. King made a motion to grant this appeal. Mr. Wade seconded the motion.
Motion carried unanimously.
CASE NO. 07-V057--TABLED
Don Cotton, 1242 6th Avenue, to replace existing non-conforming billboard; and
to reduce the distance from 1250 ft to 275 ft. The property is zoned HMI.
Ron Eddins represented Don Cotton during the hearing. He presented some
photographs to the board for review and stated that they would like to remove
the easement issue.
The board decided to table this meeting for further research into the request.
Mr. King made a motion to table the request. Mr. Borom seconded the motion.
Motion carried unanimously.
CASE NO. 07-V058--GRANTED
Robert Teasley of Signs Inc., 6499-B Whittlesey Boulevard, to increase the
height requirement of a sign from 35 ft to 85 ft. The property is zoned GC.
Mr. Teasley stated that the sign was to keep in line with the other signs in
the area and located behind the Ashley Furniture sign. The reason they are
requesting the variance is for readability from Veterans Parkway.
There was no opposition present for this appeal.
Mr. King made a motion to grant this appeal stating that this is an extreme
height adjustment but is needed to be in line with the other signs in the
area. Mr. Wade seconded the motion. Motion carried unanimously.
CASE NO. 07-V059--GRANTED
Robert Teasley of Signs Inc., 3700 Woodlawn Avenue, to increase the square
footage of a sign from 15 ft to 70 ft. The property is zoned RMF1.
Mr. Teasley stated that the sign is similar to the one that they have installed
at the other schools. It will be unlighted because of the neighbors. It will
be made with the same materials also.
There was no opposition present for this appeal.
Mr. Lewis made a motion to grant this appeal stating that the sign conforms
with the other signs for schools. Mr. Wade seconded the motion. Motion
carried unanimously.
CASE NO. 07-V060--GRANTED
Ed Braun & Kia Autosport, 1801 Box Road, to increase the height of a sign from
35 ft to 54 ft; and to remove existing sign. The property is zoned GC.
Mr. Braun stated that they are taking down the existing sign in front of the
dealership and would like to put up a KIA sign along the interstate and make it
a little higher. The sign will not block any of the other signs in the area.
There was no opposition present for this appeal.
Mr. Borom made a motion to grant this appeal stating that it will be keeping
with the uniformity of the area. Mr. Lewis seconded the motion. Motion
carried unanimously.
CASE NO. 07-V061--GRANTED
Aaron Guest of the Copley Group, 4335 Victory Drive, to reduce the number of
off street parking spaces from 54 to 44. The property is zoned GC.
Mr. Guest stated that this would be a plasma donation center and following the
guidelines of the UDO, the building with that amount of square footage requires
54 and they would put in 44. There will be underground detentions.
There was no opposition present for this appeal.
Mr. King made a motion to grant this appeal stating that the applicant stated
that there will only be 12 employees and will not take up many spaces and there
is limited space and they will have a detention system under the parking lot.
Mr. Lewis seconded the motion. Motion carried unanimously.
CASE NO. 07-V062--GRANTED
Joe Johnson of Jordan, Jones & Goulding, Inc., 5520 Whittlesey Boulevard, to
reduce the width of the driving aisle from 24 ft to 22.25 ft; and to reduce the
parking space length from 20 ft to 18 ft. The property is zoned GC.
Mr. Johnson stated that this is a new restaurant being constructed and had a
mess up during construction. The building was built 2 ft further back than it
was supposed to be and that reduces the amount of available sidewalk space.
There was no opposition present for this appeal.
Mr. King made a motion to grant this appeal stating that the reduction will be
in the rear of the building where the employees will park. Mr. Wade seconded
the motion. Motion carried unanimously.
CASE NO. 07-V063--GRANTED
Chip and Karen Griffin, homeowners, 8601 Garrett Road, to reduce the rear yard
setback requirement from 50 ft to 35 ft to erect a pool. The property is zoned
RE1.
Mr. Griffin stated that the lot is odd shaped and not very deep and they were
asking for a variance to erect a pool. He consulted with his neighbors and
they did not oppose. There will be a privacy fence around the property line.
There was no opposition present for this appeal.
Mr. Lewis made a motion to grant this appeal stating that there will be a fence
surrounding the property. Mr. Wade seconded the motion. Mr. Edwards added
that this is a rural setting. Motion carried unanimously.
There being no further business to come before the Board, the meeting adjourned
at 3:28 p.m.
____________________ __________________
Billy Edwards Bill Duck
Chairperson Secretary
_____________________ __________________
Ralph King Danny Cargill
Vice Chairperson Acting Secretary
Attachments
No attachments for this document.