BOARD OF ZONING APPEALS
REGULAR MEETING - 2:00 P.M. ? APRIL 5, 2006
The Regular Meeting of the Board of Zoning Appeals was held Wednesday, April 5,
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, Vice-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 Division was Mr.
Danny Cargill, Secretary of the Board, and Mrs. Millicent Burden, Recording
Secretary. Also, Ms. Aronda Smith, representing the Planning Division.
VARIANCES:
Case No. 06-V34?-Granted:
Gregory Rodgers, 8552 Birdie Drive, presented the appeal for a decision of the
building official to erect an accessory structure in the side yard. The
property is zoned SFR2.
In his statement, Mr. Rodgers said that his back yard has a sloped degreed
angle and there would be no way to access the storage room. The only feasible
location would be at the end of the driveway. He also stated that there would
be no flammable or combustible materials stored in the storage room.
There was no opposition presented to this appeal.
Mr. King made a motion, which was seconded by Mr. Lewis, to grant this appeal.
Motion carried unanimously.
Case No. 06-V35?Granted:
James W. Knowles, 4724 Hamilton Road, Suite A, presented the appeal for a
variance to erect a wall sign on building to extend above the roofline. The
property is zoned GC.
Mr. Knowles stated that the sign is similar to others that he has seen in the
Bradley Park Shopping Center. The sign is already erected.
There was no opposition presented to this appeal.
Mr. Edwards made a motion, which was seconded by Mr. King, to grant this
appeal. Motion carried unanimously.
Case No. 06-V36?Granted:
Joseph F. Moore, Sr., 2705 Gardenia Street, presented the appeal for a decision
of the building official to erect a structure in the front yard. The property
is zoned SFR3.
Mr. Moore stated that he desires to erect this structure to protect his
vehicles from the environmental damage. He presented pictures of other
structures erected in his neighborhood that are similar to his plans for his
structure.
Mr. Lewis had questions for Mr. Moore since his residence is within the 300
feet radius of Mr. Moore?s home. He mentioned concerns about the safety of the
neighborhood and the location of the structure.
Mr. Lewis made a motion to grant the appeal, which was seconded by Mr. Edwards,
to grant this appeal. Motion carried unanimously.
Case No. 06-V37?Granted:
Bryan R. Bevley, 912 Belvedere Drive, presented the appeal for a variance to
reduce the side yard setback requirement from 8 ft to 1 ft for an enclosed
garage. The property is zoned SFR3.
Mr. Bevley mentioned that he is currently working on an addition in the rear of
his home and while working on that project, he wants to construct an enclosed 2
car garage with doors on each side so that he may drive through to his back
yard. He also mentioned that his neighbors have no problems with the
alterations.
Mr. Edwards asked Mr. Bevley would he be willing to change the measurements to
1.4 ft; Mr. Bevley agreed.
There was no opposition presented to this appeal.
Mr. Fox made a note that the reason for the amendment is to allow the homeowner
some flexibility.
Mr. Edwards made a motion, which was seconded by Mr. Lewis to grant this
appeal. Motion carried unanimously.
Case No. 06-V38 & 06-V39?Granted:
Dan Clark, 7860 & 7842 Lloyd Road, for a variance to subdivide lots into 3 new
lots from the 100 ft requirement to 66.66 ft. The property is zoned SFR1.
In his statement, Mr. Clark said that the area has some lots that are smaller
and some that are larger than what he?s proposing.
Mr. Lewis asked if this was a new subdivision. Mr. Clark said that it is an
older subdivision, but the houses are modern.
The Planning Division recommended approval for this request.
There was no opposition presented to this appeal.
Mr. King made a motion, which was seconded by Mr. Edwards to grant this
appeal. Motion carried unanimously.
Case No. 06-V40?-Granted:
Eddie Carpenter, 4104 Curry Street, presented the appeal for a variance to
reduce the side yard setback requirement from 8 ft to 1.9 ft to add a garage.
The property is zoned SFR2.
In his statement, Mr. Carpenter said that the he was asking permission to build
the garage because of the trees and elements. He will also ensure that gutters
will be installed.
There was no opposition presented to this appeal.
Mr. Edwards made a motion, with the stipulation that gutters are added, which
was seconded by Mr. Lewis, to grant this appeal. Motion carried unanimously.
Case No. 06-V41?Granted:
Nick Salka, of LAI Engineering for Wal-Mart, 6575 Gateway Road, presented the
appeal for a variance to change the parking space size from 9 ft x 21 ft to 9.5
ft x 18 ft; and to increase the number of required parking spaces for retail
use from 815 to 963. The property is zoned GC.
Mr. Nick Salka briefly displayed to the board members a layout of the plans for
the parking lot at Walmart. He was asked by board members if this plan would
affect the greenspace with the amount of space he was using as well as
questions regarding a fire lane. He replied by stating that the greenspace
would not be altered and that a fire lane was in place.
There was no opposition presented to this appeal.
Mr. King made a motion to grant the appeal, which was seconded by Mr. Lewis.
Motion carried unanimously.
Case No. 06-V42?Granted:
Dave Erickson, of Pinnacle Homes, Inc., 2511 Sparrow Court, presented the
appeal for a variance to reduce the rear setback requirement from 30 ft to 26
ft to allow construction of a single family residence. The appeal is due to
the unusual configuration of the property lines. The property is zoned SFR2.
Mr. Ericson stated that because the city asked them to reconfigure the lots in
the early stage of engineering, they ended up with a couple of lots with
unusual configurations.
There was no opposition presented to this appeal.
Mr. Edwards made a motion to approve the appeal, which was seconded by Mr.
Lewis. Motion carried unanimously.
Case No. 06-V43?Granted:
Dale Smith, of Ray Wright, Inc., 6002 White Pine Drive, presented the appeal
for a variance to reduce the front setback requirement from 25 ft to 22 ft 6
in; and to reduce the side setback requirement from 8 ft to 7 ft 10 in. The
property is zoned SFR3.
In his statement, he mentioned that the issue is that the garage is two feet
shorter than it should be. The owner wants two feet added on to the garage and
to accomplish that, the builder will have to encroach out to the front. Both
of the owner?s cars barely fit into the garage.
There was no opposition presented to this appeal.
Mr. Fox pointed out that the house is presented owned by another individual and
Ray M. Wright, Inc. is making the appeal on the owner?s behalf.
Mr. King made a motion to grant this appeal, which was seconded by Mr. Lewis.
Motion carried unanimously.
Case No. 06-V44--Granted:
Bradley Jones, of Brock Jones, Inc., 2614 Country Club Road, presented the
appeal for a variance to reduce the side yard setback requirement from 8 ft to
3 ft and to reduce the rear yard setback requirement from 30 ft to 6 ft. The
property is zoned SFR2.
Bradley Jones stated that his customer owns a six-car garage. All the
materials will match the existing structure as close as possible. They have
spoken to the neighbors that will be directly affected.
There was no opposition presented to this appeal.
Mr. Edwards made a motion to grant the appeal, which was seconded by Mr. King.
Motion carried unanimously.
Case No. 06-V45&06-V46, 06-V30&06-V31?Granted:
Murray Calhoun IV and Walter Calhoun, of Calhoun Construction, 4337 Almond
Road, Lots 2,3,4& 5,presented the appeal for a variance to reduce the road
frontage from the requirement of 125 ft to 25 ft. The property is zoned RE1.
After the recommendation of the Planning Division, Mr. Calhoun made some
revisions to his site plans as well as included two additional requests. The
revisions reflected a common access easement with separate driveways. Also it
is his intention to save as many trees as possible.
The Planning Division recommended denial for the tabled requests as well as the
new ones.
There was no opposition presented to this appeal.
Mr. King made a motion to grant the appeal, with the stipulation that an access
road be taken up with approval of council, which was seconded by Mr. Edwards.
Motion carried unanimously.
END OF VARIANCES
Mr. King made a motion to accept the minutes of the regular meeting of March 1,
2006 for approval as written, which was seconded by Mr. Edwards. Motion
carried unanimously.
Mr. Lewis made a motion to excuse Leah Braxton from the meeting, which was
seconded by Mr. Edwards. Motion carried unanimously.
There being no further business to come before the Board, the meeting adjourned
at 4:24 p.m.
____________________ __________________
Leah Braxton Bill Duck
Chairperson Secretary
_____________________ __________________
David Fox Danny Cargill
Vice Chairperson Acting Secretary
Attachments
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