BOARD OF ZONING APPEALS
REGULAR MEETING - 2:00 P.M. ? DECEMBER 6, 2006
The Regular Meeting of the Board of Zoning Appeals was held Wednesday, December
6, 2006 at 2:00 P.M., on the 1st Floor of the Government Center Annex in the
conference room, 420-10th Street. Mr. David Fox, Board Chairman, called the
meeting to order. The board members present were:
Mr. Billy Edwards
Mr. Ralph King
Mr. Perry Borom
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.
VARIANCES:
Case No. 06-V146?-Granted:
Joyce Stack, 6011 Brunjes Lane, presented the appeal for a variance to allow an
accessory structure in the side yard. The property is zoned SFR2.
Mrs. Stack stated that she is requesting a variance because she desires to
install a pool in the side yard because the property she is purchasing has two
levels. The back level is high and a small pool would just fit edge to edge,
but it would put pressure on the retaining wall. The side yard has ample space
to place the pool without putting a hardship on either side.
There was no opposition presented to this appeal.
Mr. King made a motion to grant this request due to the topography of the lot.
Mr. Borom seconded the motion. Mr. Edwards added that it is a cul-de-sac lot
and oddly configured. Motion carried unanimously.
Case No. 06-V147--Granted:
Leon Griggs of Ryan?s Steakhouse, 1900 Manchester Expressway, presented the
appeal for a variance to increase the number of signs allowed from 1 to 5. The
property is zoned NC.
Mr. Griggs stated that the signs are temporary and only advertise breakfast.
Diane Hewitt, sign inspector, stated that she doesn?t oppose the variance
request; she is mainly concerned with the wording of the request. She thinks
that they should be labeled as banners.
Mr. Edwards motioned to grant this request to allow up to 5 banners either on
light poles or on the main sign with no time stipulation. Mr. Lewis seconded
the motion. Motion carried unanimously.
Case No. 06-V148--Granted:
Robert Rowan and Gary Lamore, the homeowner, 5828 Bush Avenue, presented the
appeal for a variance to reduce the side setback requirement from 8 ft to 3 ft
for an attached carport. The property is zoned SFR2.
Mr. Rowan stated that the carport is on the left side of the house, but the
neighbor on that side is actually on the other street around the corner. That
homeowner sent a letter to the board stating no opposition. It is over an
existing slab. Mr. Lamore stated that the slab was there when he purchased the
house. The water will go toward the neighbor?s house toward a thicket, which
is high and normally absorbs all the runoff.
There was no opposition presented to this appeal.
Mr. King motioned to grant this request stating that the structure is already
in place and over an existing driveway. Mr. Lewis seconded the motion. Mr.
Edwards also mentioned the letter from the adjacent neighbor stating no
opposition. Motion carried unanimously.
Case No. 06-V149?Granted:
Louie Abney II, 1108 54th Street, presented the appeal for a variance to reduce
the rear setback requirement from 30 ft to 10 ft. The property is zoned RMF2.
Mr. Abney stated that the configuration of the lot is the reason for the
request. He plans to install a privacy fence along the line from one end to
another. Each individual unit will have their own patio.
There was no opposition presented to this appeal.
Mr. Edwards made a motion to grant this appeal due to the fact that this is an
odd shaped lot. Mr. Lewis seconded the motion. Motion carried unanimously.
Case No. 06-V150--Granted:
Dale Smith of Ray Wright, Inc., 224 Oakley Drive, presented the appeal for a
variance to reduce the number of required parking spaces from 24 to 18; and to
increase the number of unit required from 12 to 16(area requirement is 2,000
square feet per unit). The property is zoned RMF2.
Mr. Smith stated that this request is for the rebuilding of the complex after a
fire. It will be over the existing slab. They are changing the layout
slightly. The parking has already been established from before the fire.
There was no opposition to this appeal.
Mr. King made a motion to grant this request due to the fact that this is a
rebuild due to a fire. Mr. Borom seconded the motion. Motion carried
unanimously.
Case No. 06-V151--Granted:
Randy Schmidt and Helena Preston of Allen Development Group, Inc., 5050 Warm
Springs Road, presented the appeal for a variance to increase the number of
signs allowed from 1 to 2. The property is zoned RO.
Mr. Schmidt stated that when they originally purchased the property, the plans
were to design under the old ordinance. They are requesting permission to put
up a marquee type sign, which will allow each name of each business to be
visible from the street. They will not require the initial tenant (Nationwide
Insurance) to take down their sign.
Diane Hewitt, sign inspector, stated that it was her understanding that the
property for the signage was common ground for all the tenants. There is one
address for the whole property. The sign for Bethany is not authorized and
will have to come down.
Mr. Edwards made a motion to grant this request stating that it is needed for
notation of the new tenants but should have been considered beforehand. Mr.
Lewis seconded the motion. Motion carried 3 to 2 with the board breaking the
tie.
Case No. 06-V152--Granted:
W.W. Wade, 6006 Blois Court, presented the appeal for a variance to reduce the
rear setback requirement from 30 ft to 27 ft to erect a single-family
residence. The property is zoned SFR2.
Mr. Wade stated that this is a corner lot. He has turned the house several
ways. It would look better facing Brunjes Lane for the lot and the subdivision.
There was no opposition presented to this appeal.
Mr. King made a motion to grant this request stating that the configuration of
the lot requires the additional setback and the house is in the same
architectural design of the rest of the neighborhood. Mr. Edwards seconded the
motion and added that it is only requesting 10% of the setback. Motion carried
unanimously.
Case No. 06-V153?Granted:
W.W. Wade, RC Allen Drive, presented the appeal for a variance to reduce the
side setback requirement from 25 ft to 15 ft to erect a single-family
residence. The property is zoned SFR3.
Mr. Wade stated that this is a corner lot. The driveway is on Carol Ann Court
and will sit back the way the lot is situated in the cul-de-sac. He wants to
keep the size of the house conformed with the rest of the neighborhood.
There was no opposition presented to this appeal.
Mr. Edwards made a motion to grant this request stating that it is an odd
shaped corner lot and should not be a problem with traffic. Mr. Borom seconded
the motion. Motion carried unanimously.
Case No. 06-V154- Granted:
Eddie Miles of Hewell Rentals, Inc., 5520 Forest Road, presented the appeal for
a variance to increase the number of signs allowed from 1 to 2. The property
is zoned NC.
Mr. Miles stated that there is a marquee sign already placed on the lot. Mr.
Hewell would like to have permission to place an additional sign on his
property advertising hot dogs and barbecue for his wife.
Diane Hewitt, sign inspector, stated that she doesn?t think that a hardship for
a second sign is needed since there is already a marquee sign.
Mr. King made a motion to deny this request stating that one marquee sign
should be sufficient and he agrees with the city official. Mr. Edwards
seconded the motion and added that the owner has other options. Motion carried
unanimously.
Case No.06-V155?Granted:
Robert Teasley of Signs Inc., 5828 Moon Road, presented the appeal for a
variance to increase the allowed square footage of a sign from 300 ft to 328
ft. The property is zoned NC.
Mr. Teasley stated that according to the current ordinance, he would be allowed
to put up two separate signs with total of 300 square feet. The property
owner does not want to put up another sign. He has a sign on the corner and
wants to replace it with a new one and add the additional square footage.
Mr. Edwards made a motion to grant this request stating that the increased
footage would be less than 10 % and would be replacing the existing sign. Mr.
Borom seconded the motion. Motion carried unanimously.
Case No. 06-V156-Granted:
Joe Sandoval and Liz Allison, the homeowner, 1231 Munro Avenue, presented the
appeal for a variance to reduce the rear setback requirement from 30 ft to 18
ft. The property is zoned RMF1.
Mr. Sandoval stated that there is an existing driveway and the homeowner wants
a rear access carport. They have already obtained BHAR approval.
There was no opposition to this appeal.
Mr. Lewis made a motion to grant this request stating the support of approval
by BHAR. Mr. King seconded the motion and added that they have agreed to keep
the materials specified by BHAR. Motion carried unanimously.
Mr. King made a motion to accept the minutes of the regular meeting of November
1, 2006 for approval as written. Motion carried unanimously.
There being no further business to come before the Board, the meeting adjourned
at 4:24 p.m.
____________________ __________________
David E. Fox Bill Duck
Chairperson Secretary
_____________________ __________________
Billy Edwards Danny Cargill
Vice Chairperson Acting Secretary
Attachments
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