BOARD OF ZONING APPEALS
REGULAR MEETING - 2:00 P.M. ? NOVEMBER 1, 2006
The Regular Meeting of the Board of Zoning Appeals was held Wednesday, November
1, 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. 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, Mr. Will Johnson, representing the Planning Division.
VARIANCES:
Case No. 06-V133?-Granted:
Scott McGregor of Aquarius Pools, 1315 Elmwood Drive, presented the appeal for
a variance to allow an accessory structure in the side yard. The property is
zoned SFR2.
Mr. McGregor stated that his company has been contracted to build a pool in the
lot on the corner of Elmwood and Cooper. The lot used to be two lots but is
now one lot. There is no room in the rear of the house to put a pool. The
pool will be visible to the street only through the wrought iron fence.
There was no opposition presented to this appeal.
Mr. Edwards made a motion to grant this request stating that the side yard in
question is an empty corner lot and room on the lot will only allow it to be
placed on that lot. Mr. Lewis seconded the motion. Motion carried unanimously.
Case No. 06-V134--Granted:
Kevin Benford of Action Buildings, 1121 Staunton Drive, presented the appeal
for a variance to reduce the side setback requirement from 8 ft to 1 ft for an
attached patio cover. The property is zoned SFR3.
Mr. Benford presented a photograph as an example of the type of covering they
are planning. It will be over an existing parking pad measuring 13x30. He
stated that he has advised the homeowners that they will have to install
gutters or French drains in that area. The topography rolls slightly towards
the edge of the driveway.
Ms. Annie Munford came forth in opposition to the appeal stating that this was
not the first time she has objected to the actions of the homeowner. She
stated her concern regarding where the water would run off. After a very
lengthy discussion, Mr. Fox reiterated the basis of the appeal and asked the
appellant and the opposition to address the board only.
Also, Ms. Dorothy Pickett expressed opposition to this appeal due to the fact
that she feels the reduction request was a bit much.
Mr. Edwards motioned to grant this request mentioning the stipulation that
gutters are attached to the structure and included in the 1 ft request. Mr.
King seconded the motion and also stated that the water be directed toward the
homeowner. Motion carried unanimously.
Case No. 06-V135--Granted:
John Jackson, 1000 Perkinson Court, presented the appeal for a variance to
reduce the corner side yard setback requirement from
25 ft to 20 ft. The property is zoned SFR2.
Mr. Jackson stated that he is building a house on the corner lot and was
misinformed about the setback requirements for the corner. The footings are
already dug. If he moves the house, it will go down toward a hill. He admits
that he just made a common mistake.
There was no opposition presented to this appeal.
Mr. King motioned to grant this request due to the fact that the property owner
was not aware of the setback to be 25 ft and the topography causes no
hardship. Mr. Edwards seconded the motion. Motion carried unanimously.
Case No. 06-V136--Granted:
Walter and Melody Burton, 6236 Mill Branch Road, presented the appeal for a
variance to reduce the side yard setback requirement from 8 ft to 6.95 ft for
an addition. The property is zoned SFR3.
Mr.& Mrs. Burton stated that they desire to make their home a little larger by
adding two bedrooms, which will total 850 square feet. French drains have
already been installed to control the water runoff. Materials will be similar
to existing materials. His neighbors do not object to the request.
There was no opposition presented to this appeal.
Mr. King made a motion to grant this appeal stating that the addition will be
done professionally and the brick will be salvaged and utilized and there was
no opposition. Mr. Edwards seconded the motion stating that the water will not
have any impact on the side yard. Motion carried unanimously.
Case No. 06-V137 ? 06-V139--Granted:
Louie Abney & Philip Carter, 7842 Lloyd Road, Lot 1, presented the appeal for a
variance to reduce the minimum lot width requirement from 100 ft to 50 ft; and
to reduce the side yard setback requirement from 10 ft to 3 ft. The property
is zoned SFR1.
Mr. Carter stated that they desire to return the lots to 50 ft. They feel like
the style of home they plan to build will fit the area. Most of the areas are
pretty deep lots but some have already been subdivided.
Mr. Fox stated for the record the approval of the planning department.
Mr. Edwards questioned the side setback requirement in regards to which side
they are referencing. After a lengthy discussion, the appellants agreed to
conform to the decision of the board.
There was no opposition to this appeal.
Mr. Lewis made a motion to grant 06-V137, stating that he was satisfied after
discussion with the contractor regarding the topography. Mr. Edwards seconded
the motion and added an amendment that the north side of the property setback
is 3 ft and the south side setback is 6 ft. The existing lots are already 50
ft as well. Motion carried unanimously.
Mr. Edwards made a motion to grant the appeal of 06-V138 stating the same
amendments for the previous case. Mr. Lewis seconded the motion. Motion
carried unanimously.
Mr. Edwards made a motion to grant 06-V139, stating the same amendments for the
previous case. Mr. King seconded the motion. Motion carried unanimously.
Case No. 06-V140--Granted:
Louie Abney & Philip Carter, 7838 Lloyd Road, presented the appeal for a
variance to reduce the side yard setback requirement from 10 ft to 3 ft. The
property is zoned SFR1.
There was no opposition presented to this appeal.
Mr. King made a motion to grant this request stating the same amendments for
the three previous cases. Mr. Lewis seconded the motion. Motion carried
unanimously.
Case No. 06-V141--Granted:
Robert Teasley of Signs Inc., 4161 Macon Road, presented the appeal for a
variance to increase the allowed square footage of a sign from 15 ft to 60 ft.
The property is zoned SFR2.
Mr. Teasley stated that they would remove the old sign and install a new one at
Parkhill Cemetery. The sign will be located at the front entrance. The sign is
lighted where only the individual letters will be illuminated.
There was no opposition presented to this appeal.
Mr. Edwards made a motion to grant this request stating that they will be
removing the existing sign and the sign should match the one next to it. Mr.
King seconded the motion. Motion carried unanimously.
Case No. 06-V142?Granted:
Robert Teasley of Signs Inc., 1343 Belfast Avenue, presented the appeal for a
variance to increase the allowed square footage of a sign from 3 ft to 15 ft.
The property is zoned LMI.
Mr. Teasley stated that this is for UPS, which is in an industrial park, which
will not affect a lot of the surrounding area. The signs are directional
signs. They would not be illuminated.
There was no opposition presented to this appeal.
Mr. King made a motion to grant this request stating that the signs will be in
the colors coordinated with the business and they are directional signs. Mr.
Edwards seconded the motion. Motion carried unanimously.
Case No. 06-V143- Granted:
Jimmy Blanton of the Columbus Baptist Association, 3598 Buena Vista Road,
presented the appeal for a variance to increase the number of signs allowed
from 1 to 2; and to increase the allowed square footage of a sign from 15 ft to
72 ft. The property is zoned SFR4.
Mr. Blanton stated that he did not understand the request for the variance.
The architect expressed they had permission, it was in the plans and they moved
in. They received the notice regarding the violation and that is why he is
here.
Diane Hewitt, sign inspector for the city, informed him that the signs were
built without a permit and because of zoning requirements, the square footage
was not allowed and the number of signs also was a violation.
After a lengthy discussion, Mr. Blanton apologized for the miscommunication.
Mr. Matthew Bennett came forth in favor of the request and stated that in his
opinion, the signs looked good and added to the neighborhood.
Mr. King made a motion to grant this request stating this is an unusual piece
of property that borders two busy roadways. The signs are already in place and
they were done in good taste and there was no opposition. Mr. Lewis seconded
the motion. Motion carried unanimously.
Case No.06-V144?Granted:
Dave Matson of The Paradise Group, 1914 Veterans Parkway, presented the appeal
for a variance to reduce the required number of parking spaces from 59 to 50.
The property is zoned GC.
Mr. Matson stated that there are some conditions that are peculiar for their
property that causes them to request this variance. He expressed their desire
to maintain a safe parking area for their customers. They will have two
separate accesses for entry.
There was no opposition presented to this appeal.
Mr. Edwards made a motion to grant this request stating that it was not an
uncommon request and the reduction was not a great one. Mr. Lewis seconded the
motion. Motion carried unanimously.
Case No. 06-V145-Granted:
Ryan Clemons and Doug Putnam of TIC Federal Credit Union, 1251 13th Street,
presented the appeal for a variance to reduce the corner side yard setback
requirement from 20 ft to 1 ft for a temporary location. The property is zoned
NC.
Mr. Clemons stated that this would be a specialized temporary facility built
especially for financial institutions to be used during renovations and to be
taken down upon completion. They are requesting the variance to have as much
room in the parking lot as possible. Everything will be designed to code.
They anticipate the project to be completed in at least 8 months.
There was no opposition presented to this appeal.
Mr. Lewis made a motion to grant this request with the stipulation that the
request will be invalid 10 days after the final inspection is completed. Mr.
King seconded the motion and reiterated the stipulation. Motion carried
unanimously.
CASES TABLED FROM OCTOBER 4TH, 2006 MEETING:
Case No. 06-V117-Granted:
Scott McGregor of Aquarius Pools, 2419 Edgewood Road, presented the appeal for
a variance to allow an accessory structure in the side yard. The property is
zoned SFR2.
Mr. McGregor stated the accessory structure is a pool and that is the only
place on the property that will accommodate it. A workshop is located behind
the house and some large magnolia trees are also in the rear.
There was no opposition presented to this appeal.
Mr. King made a motion to grant this request stating that the house sets away
from Edgewood Road and requires it to be installed in the side yard. Mr. Lewis
seconded the motion. Mr. Fox noted that the location of the pool is already
shielded by fencing and would not be visible from the road. Motion carried
unanimously.
Case No. 06-V122-Granted:
Susan Fromm & Reggie Kelly of CBS Outdoor Inc., 4332 Old Cusseta Road,
presented the appeal for a variance to reduce the distance requirement between
a billboard from 1250 ft to 1000 ft. The property is zoned LMI.
Ms. Fromm stated that the reason for the appeal is due to a road-widening
project. The DOT has acquired the right of way where the billboard is now
located. The square footage will not change. They plan to relocate the
billboard to an existing building, which is on the property, and they plan to
shift it north.
Diane Hewitt, city sign inspector, stated her concern for the old abandoned
structure across the street, to possibly tear it down and use it for
relocation. Ms. Fromm said that the vegetation would be an issue.
After a lengthy discussion, Reggie Kelly stated that the sign they were
referencing was an issue due to vegetation and the company plans to review the
area and concerns to revive the usage of the billboard.
There was no other opposition presented to this appeal.
Mr. King made a motion to grant this request due to the widening of I-185 by
the DOT, it will require it to be moved, but no closer than 1000 ft. Mr.
Edwards seconded the motion. Motion carried unanimously.
Case No. 06-V123-Granted/Denied:
Steve Landry of Integrated Sign Systems, 4508 Holly Avenue, presented the
appeal for a variance to allow a sign to project above the roofline; and to
reduce the front setback requirement from 3 ft to 1 in. The property is zoned
GC.
Mr. Landry stated that he was not sure of the information he received regarding
requirement for a permit. He installed them and didn?t think it was a roof
sign. The pylon sign is the one requested for the front setback. He stated
that he could possibly pull it closer to the building if need be.
Diane Hewitt, city sign inspector, stated that during remodeling, she had
stopped and asked the workers about the signs and they assured her that they
would be in compliance. When she returned a week later, she discovered they
were not.
There was no other opposition presented to this appeal.
Mr. Edwards made a motion to approve the sign to project above the roofline.
Mr. King seconded the motion. Motion carried unanimously.
Mr. Edwards made a motion to deny the reduction request stating that the
contractor could use other options. Mr. King seconded the motion. Motion
carried unanimously.
Case No. 06-V125-Withdrawn:
Appeal of Tacala LLC, 4348 Buena Vista Road, for a variance to delete the
pass-by lane requirement (Section 4.2.11F), pending replat and rezoning. The
property is zoned SFR1 and LMI.
NO ACTION REQUIRED
Case No. 06-V126-Withdrawn:
Appeal of Tacala LLC, 3456 Victory Drive, for a variance to delete the pass-by
lane requirement (Section 4.2.11F), pending replat and rezoning. The property
is zoned GC.
NO ACTION REQUIRED
Mr. King made a motion to excuse Mr. Perry Borom from the meeting due to a
business conflict. Mr. Fox seconded the motion.
Mr. Will Johnson formally introduced Mrs. Tracy Hall to the board as our new
representative from the Planning Division.
Mr. King made a motion to accept the minutes of the regular meeting of October
4, 2006 for approval as written, which was seconded by Mr. Lewis. Motion
carried unanimously.
There being no further business to come before the Board, the meeting adjourned
at 4:06 p.m.
____________________ __________________
David E. Fox Bill Duck
Chairperson Secretary
_____________________ __________________
Billy Edwards Danny Cargill
Vice Chairperson Acting Secretary
Attachments
No attachments for this document.