BOARD OF ZONING APPEALS
REGULAR MEETING - 2:00 P.M. ? JUNE 6, 2007
The Regular Meeting of the Board of Zoning Appeals was held Wednesday, June 6,
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. 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.
VARIANCES:
CASE NO. 07-V028?GRANTED
Derek Griggs, 2362 South Lumpkin Road, for a variance to reduce the side
setback requirement from 3 ft to 6 in to erect a sign. The property is zoned
GC.
Mr. Griggs stated that he tore down the old store and built a new one and used
the existing sign base to install a new one in the same place.
There was no opposition presented for this appeal.
Mr. Wade made a motion to grant the request stating that they are just
replacing the old sign with a new one. Mr. Lewis seconded the motion. Motion
carried unanimously.
CASE NO. 07-V029--GRANTED
Jose L. Garcia, 7427 Paprika Lane, for a variance to reduce the side setback
requirement from 8 ft to 2 ft to make an addition to a single family
residence. The property is zoned SFR2.
Mr. Garcia stated that he would like to put a roof over an existing driveway to
make it into a covered carport. The water runoff will go from the driveway to
the road. The materials will match the existing materials. His neighbor to
the right of the property has no problem with this request.
There was no opposition presented for this appeal.
Mr. King made a motion to grant the request stating that this is an addition
and the water flow will go from the front to the side and the materials will
match the existing structure, also there was no opposition. Mr. Wade seconded
the motion. Motion carried unanimously.
CASE NO. 07-V030--GRANTED
William Lafferty, 3051 Bentley Drive, for a variance to reduce the rear setback
requirement from 50 ft to 15 ft to erect an accessory structure (pool). The
property is zoned RE1.
Mr. Lafferty stated that his backyard is very wide and this is the only place
available to install a pool.
There was no opposition presented for this appeal.
Mr. Wade made a motion to grant the request stating that the hardship from the
lot configuration in the rear is valid. Mr. King seconded the motion. Motion
carried unanimously.
CASE NO. 07-V031--GRANTED
Jimmy Weaver of A-Airflow Awning, 2322 Lancelot Place, for a variance to reduce
the side yard setback requirement from 8 ft to 2 ft to erect a carport. The
property is zoned SFR3.
Mr. Weaver presented pictures to the board of the area they are proposing for a
carport. There is a rose bed on the property. The awning will be guttered and
the water would runoff from the rose bed to the street.
There was no opposition presented for this appeal.
Mr. King made a motion to grant the request stating that there were others in
the area that are similar and gutters will be added. Mr. Wade seconded the
motion. Motion carried unanimously.
CASE NO. 07-V032--GRANTED
Susan Truitt, 2500 18th Avenue, for a variance to reduce the side yard setback
requirement from 5 ft to 3 ft to erect a storage building. The property is
zoned RMF1.
Mrs. Truitt stated that the 8 x 8 storage shed that they have has met all the
criteria for BHAR but with limited space on the side.
Adjacent property owners, Sara Rowe and Cristina Jones spoke in support of the
request on the behalf of the Truitt?s.
Mrs. Truitt also stated that yard supplies would be stored in the shed.
There was no opposition present for this appeal.
Mr. Lewis made a motion to grant the request stating that the appellant agreed
there would be no flammable materials stored. Mr. King seconded the motion and
added that they had BHAR approval and there were neighbors present in support
of the variance request. Mr. Edwards added that the site had limitations on
where it could be placed. Motion carried unanimously.
CASE NO. 07-V033--GRANTED
Kevin Benford and Stefon Newsome of Action Buildings, 4051 Creek Bend Ridge,
for a variance to reduce the rear yard setback requirement from 50 ft to 8 ft
to erect a storage building. The property is zoned RE1.
Mr. Benford stated that the right side of the property is a wetland area and
the rear setback requirement could not be met. The building was designed to
match the home.
There was no opposition presented for this appeal.
Mr. King made a motion to grant the request stating that even though the
building is already in place. The hardship is that there are wetlands on the
property. The building materials match the existing home and there was no
opposition present. Mr. Wade seconded the motion. Motion carried unanimously.
CASE NO. 07-V034--GRANTED
Billy McCullough and Emily Waldman, 8523 Liberty Hall Drive, for a variance to
reduce the side yard setback requirement from 25 ft to 5 ft 6 in to erect a
pool house and storage building. The property is zoned RE1.
Mr. McCullough stated that he has built several of the outbuildings in this
subdivision in the past that were fairly close to the line. Since then, they
have changed the setback requirements and the homeowners just want to keep with
the uniformity of the subdivision. The buildings are dictated by the
neighborhood covenant. The lots are very deep but not wide. They put in a
retaining wall and raised the elevation. The topography of the land is the
hardship for this appeal.
There was no opposition presented for this appeal.
Mr. Wade made a motion to grant the request stating that there is no drainage
problem and the topography shows a hardship also there was no opposition. Mr.
Lewis seconded the motion. Motion carried unanimously.
CASE NO. 07-V035--GRANTED
Philip Carter of CWD Inc., 213 Rie Court, for a variance to reduce the front
setback requirement from 25 ft to 20 ft; and to reduce the rear setback
requirement from 30 ft to 20 ft to erect a single family residence. The
property is zoned SFR3.
Mr. Carter stated that when he bought the lots, he didn?t realize that he had
drainage on each side of them from the cemetery. One of them is a sanitary
drainage and the other is storm drainage easement. He is trying to make them
match the existing houses in the neighborhood.
There was no opposition presented for this appeal.
Mr. Wade abstained from voting on this case due to conflict of interest.
Mr. King made a motion to grant the request stating that the hardship was the
drainage on each side of the lot. Mr. Lewis seconded the motion. Motion
carried unanimously.
CASE NO. 07-V036--GRANTED
Brian Senior of Horace Senior Construction presented the appeal for Smyre
Realty Co., 1103 Glenwood Drive, for a variance to reduce the side yard setback
requirement from 8 ft to 2 ft 5 in; and to reduce the rear yard setback
requirement from 30 ft to 28 ft 11 in for a bedroom expansion. The property is
zoned SFR3.
Mr. Senior stated that purpose of the side setback request is to cover an
existing parking pad. The request for the rear setback is for the addition to
the bedroom and to add a study. The water runoff goes from the front to the
street. Mr. Senior also agreed to add gutters to the addition and match the
existing materials.
There was no opposition presented for this appeal.
Mr. Lewis made a motion to grant the request with the stipulation that gutters
will be installed on the side. Mr. King seconded the motion and added that
they will be using similar materials and the house is already non-conforming.
Motion carried unanimously.
CASE NO. 07-V037--GRANTED
Ben Moon presented the appeal for Frances B. Himic, 1570 Dixon Drive, for a
variance to reduce the minimum lot width requirement from 75 ft to 34 ft
pending replat. The property is zoned SFR2.
Mr. Moon stated that Ms. Himic owns about 2.25 acres that goes through 17th
Street to Dixon Drive. She plans to sell the house and feels she needs to
subdivide the lot in order to sell it, with the house on one lot facing Dixon
Drive and leave the other lot large enough to accommodate another house with a
driveway on 17th Street. The board decided to amend the address request for
the variance to reflect 2604 17th Street as well as 1570 Dixon Drive.
The Planning Division recommended approval.
Mr. Lon Gammage came forth in opposition initially stating that he spoke with
Mrs. Himic and Mr. Moon and their conversation and verbal agreement regarding
the request was slightly different from what he was hearing today. After a few
minutes of discussion with Mr. Moon, Mr. Gammage decided to withdraw his
opposition.
Mr. King made a motion to grant the request stating that the planning division
has granted approval and it does fit in the neighborhood. Mr. Wade seconded
the motion and added that the opposition was withdrawn. Motion carried
unanimously.
CASE NO. 07-V038 & 07-V039--GRANTED
Shawn Bussey, 1337 20th Street Lot 122, for a variance to reduce the minimum
lot width requirement from 50 ft to 49 ft and 1337 20th Street Lot 123, for a
variance to reduce the minimum lot width requirement from 50 ft to 44 ft. The
property is zoned RMF1.
Mr. Bussey stated that they are doing a development with the houses in that
area. He is basically clearing the lot line and rebuilding new ones in its
place.
There was no opposition presented for this appeal.
Mr. King made a motion to grant the request stating that this will bring
non-conforming properties legal and that there are other lots in this area that
is even smaller. Mr. Wade seconded the motion. Motion carried unanimously.
CASE NO. 07-V040 & 07-V041--GRANTED
David & Robert Haynes, 5901 Fornof Road Lot 101, for a variance to reduce the
minimum lot width requirement from 100 ft to 80 ft pending replat. The
property is zoned SFR1.
Mr. Haynes stated that the lot was pretty large and he desires to subdivide it
and make it into two lots.
The Planning Division recommended approval stating this is not an uncommon
request for this neighborhood.
There was no opposition presented for this appeal.
Mr. Wade made a motion to grant the request stating that the reason for
subdividing the lot conforms with the neighborhood. Mr. Lewis seconded the
motion. Motion carried unanimously.
CASE NO. 07-V042 & 07-V043--GRANTED
Danielle Hinson of Jim Walter Homes, Inc., 8600 Warm Springs Road, for a
variance to reduce the minimum lot width requirement from 125 ft to 91.85 ft;
to increase the minimum required lot area to an existing non-conforming lot
from 43,560 to 10,925; to reduce the rear yard setback requirement from 40 ft
to 36 ft pending replat and 8626 Warm Springs Road, for a variance to reduce
the minimum lot width requirement from 125 ft to 30 ft pending replat. The
property is zoned RE1.
When asked to come forward, Jack Mason and Bill Morkes came to assist Ms.
Hinson in the presentation for the request. Mr. Kelvin Neal came forth in
opposition also during this time.
Mr. Mason stated that they desired to build a house behind their parent?s house
to assist in taking care of them, as they get older.
After hearing much discussion from the appellant as well as from Mrs. Frances
Murphy and Mrs. Connie Pass Mason, Mr. Neal was satisfied with the request and
stated that he just misunderstood what the appellant requested to do.
Mr. King made a motion to grant the request stating that this will be replated
for a home behind an existing home and will be served by a common driveway.
Mr. Lewis seconded the motion. Motion carried unanimously.
CASE NO. 07-V044--GRANTED
Jack Mazzola of CAM Builders, 4134 Victory Drive, for a variance to reduce the
front yard setback requirement from 20 ft to 5 ft; to reduce the rear yard
setback requirement from 20 ft to 9 ft; to reduce the front yard setback at
canopy from 20 ft to 11 ft; and to reduce the parking requirements from 8 to
6. The property is zoned GC.
Mr. Mazzola stated that the proposed project is a convenience store. The
problem is that the site is small and the right of way configuration.
Mrs. Linda Sasser and Mr. Kenneth Nelms came forth in opposition to this
appeal. Mrs. Sasser stated that the customers from the existing stores already
block the driveway of her body shop. Mr. Nelms stated that his concerns were
the hours of operation because of the history of the previous tenants with the
trash, employee parking, security, etc.
Mr. King made a motion to grant the request stating that this is an unusual lot
and an unusual right of way and the plan seems to fit. Mr. Lewis seconded the
motion stating that he thinks it would be an improvement to the area. Mr.
Wade added that he was concerned about what might be in that place later and he
thinks that this might be the best use for the property. Motion carried
unanimously.
CASES TABLED FROM MAY 2nd, 2007 MEETING:
CASE NO. 07-V025--GRANTED
Neil & Scott Bell of Bell Media, 2601 Airport Thruway, for a variance to
replace existing non-conforming billboard with new non-conforming billboard.
The property is zoned GC.
Mr. Bell stated that he initially had some confusion with the ordinance
regarding the sign and what was allowed. He contacted the sign inspector,
Diane Hewitt, to make sure the spot was okay to rebuild the sign. Once they
applied for the sign permit they were informed that they required a variance.
They desire to replace the sign and change the size in dimensions.
There was no opposition presented for this appeal.
Mr. Wade made a motion to grant the request stating that the billboard will be
smaller and they will be moving back further with visibility only from Airport
Thruway. Mr. King seconded the motion and added that this will only be half
the square footage of the current billboard. Motion carried unanimously.
CASE NO. 07-V026 & 07-V027--GRANTED
Reggie Kelly of CBS Outdoor, 1150 Morris Road, for a variance to reduce the
distance separation from 1250 ft to 450 ft; to reduce the number of signs from
2 to 1; to reduce the number of faces from 6 to 2; and 1200 Morris Road, for a
variance to reduce the distance separation from 1250 ft to 450 ft; to reduce
the number of signs from 2 to 1; to reduce the number of faces from 4 to 2.
The property is zoned LMI.
Mr. Kelly stated that his meeting was tabled from the meeting on last month so
that a few board members could look at the billboards personally.
There was no opposition presented for this appeal.
Mr. King made a motion to grant the request stating that after going to look at
the signs, he didn?t see any problems with the request and due to the
topography; the distance will not be a major issue. Mr. Wade seconded the
motion. Motion carried unanimously.
Mr. King made a motion to excuse Mr. Borom from the meeting due to personal
matters. Mr. Lewis confirmed the motion. Motion was granted unanimously.
Mr. King made a motion to accept the minutes for the month of May. Mr. Lewis
confirmed the motion. Motion carried unanimously.
There being no further business to come before the Board, the meeting adjourned
at 4:06 p.m.
____________________ __________________
Billy Edwards Bill Duck
Chairperson Secretary
_____________________ __________________
Ralph King Danny Cargill
Vice Chairperson Acting Secretary
Attachments
No attachments for this document.