BOARD OF ZONING APPEALS
REGULAR MEETING - 2:00 P.M. ? OCTOBER 4, 2006
The Regular Meeting of the Board of Zoning Appeals was held Wednesday, October
4, 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. Also, Mr. Will Johnson, representing the Planning Division.
VARIANCES:
Case No. 06-V117?-Tabled:
Appeal of Robert & Julie Hinson, 2419 Edgewood Road, for a variance to allow an
accessory structure in the side yard. The property is zoned SFR2.
Mr. Edwards made a motion to table this request. Motion carried unanimously.
Case No. 06-V118--Granted:
Eddie Florence, pastor of Cusseta Road Church, 2336 Cusseta Road, presented the
appeal for a variance to reduce the front and rear setback requirements from 25
ft to 3 ft 6 in. The property is zoned GC.
Mr. Florence stated that they needed to expand the daycare at the church, which
requires the variance. He anticipates approximately 35 children to be
enrolled.
There was no opposition presented to this appeal.
Mr. Edwards made a motion to approve the request stating that the existing
building encroaches closer than what they are asking for. Mr. Lewis seconded
the motion. Motion carried unanimously.
Case No. 06-V119--Granted:
James Johnson of Walker Temple COGIC, 72 30th Avenue, presented the appeal for
a variance to replace a previous non-conforming sign and to increase the square
footage requirement from 15 ft to 40 ft. The property is zoned RMF1.
Mr. Johnson stated that there has been a sign that has been up for a number of
years. It was recently knocked over by some individuals that were having a
domestic dispute. The materials used will be metal for the framing and
fiberglass for the interchanging plates for signage on both sides.
There was no opposition presented to this appeal.
Mr. King made a motion to approve the request stating that the sign will be in
the same place and the size was approved prior to the UDO. Mr. Borom seconded
the motion. Motion carried unanimously.
Case No. 06-V120--Granted:
Robert Teasley of Signs Inc., presented the appeal for 3965 Victory Drive, for
a variance to increase the square footage requirement of a sign from 300 ft to
360 ft and to reduce the height requirement from 35 ft to 24 ft. The property
is zoned GC.
Mr. Teasley stated that there is about 450 ft road frontage. The westbound
traffic blocks the view of the sign and tenants would like to make it more
visible.
There was no opposition presented to this appeal.
Mr. Lewis made a motion to approve the request stating that there have been
previous signs approved for the same hardship. Mr. Edwards seconded the
motion and stated that the signage is needed to advertise the other tenants in
the shopping center. Motion carried unanimously.
Case No. 06-V121--Granted:
David & Jennifer Lowery, 5555 Whittlesey Boulevard, Lot 13, presented the
appeal for a variance to allow a wall sign to project above the roof line. The
property is zoned GC.
Mr. Lowery stated that the sign projects about 2.5 ft above the roof. It is
part of the franchise logo. The sign was a part of the plans that was
submitted and they were not aware of the violation until it was brought to
their attention.
There was no opposition to this appeal.
Mr. King made a motion to grant the appeal stating that the sign is part of the
franchise structure design and done in good taste. Mr. Borom seconded the
motion. Motion carried unanimously.
Cases No. 06-V122--Tabled:
Appeal of CBS Outdoor Inc., 4332 Old Cusseta Road, for a variance to reduce the
requirement for distance between a billboard from 1250 ft to 1000 ft. The
property is zoned LMI.
Mr. Edwards made a motion to table this request due to lack of support. Motion
carried unanimously.
Case No. 06-V123-Tabled:
Appeal of Integrated Sign Systems, 4508 Holly Avenue, 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. Edwards made a motion to table this request due to lack of support. Motion
carried unanimously.
Case No. 06-V124--Granted:
David C. Cummings and Ernest Smallman, 2601 Manchester Expressway, presented
the appeal for a variance to reduce the rear setback requirement from 20 ft to
1 ft 6 in. The property is zoned GC.
Mr. Cummings stated that they desire to enter from the rear of the building and
they need to have a sloped concrete platform. The water runoff will not be a
problem. There will be a pipe under the concrete to assist with drainage.
There was no opposition presented to this appeal.
Mr. King made a motion to grant this appeal stating that this is an effort to
put in a loading ramp in the rear of the building and the water runoff will go
into the storm sewer. Mr. Borom seconded the motion. Mr. Edwards also
mentioned that the applicant stated that they have installed a privacy fence.
Motion carried unanimously.
Case No. 06-V125--Tabled:
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.
Mr. Jason Durant, from Sonic Restaurant, came forth with questions regarding
the intentions. He did not express opposition after hearing the request.
Mr. Edwards made a motion to table the appeal due to lack of support. Motion
carried unanimously.
Case No. 06-V126?Tabled:
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.
Mr. Edwards made a motion to table the appeal due to lack of support. Motion
carried unanimously.
Case No. 06-V127-V129- Granted:
Steven Ray, attorney for Mr. Eugene M. deBrabant, 6101 Psalmond Road Lots A, C,
& D, presented the appeal for a variance to reduce the minimum lot width
requirement from 125 ft to 25 ft on Lot A; from 125 ft to 124.9 ft on Lot C;
and from 125 ft to 25 ft on Lot D. The property is zoned RE1.
Mr. Ray stated that the replat is part of a larger tract that is in the
deBrabant family. The property was left in a will specifically for the
children. Lot D has a 20 ft existing access easement that serves a tract that
is behind the property. It has been there since 1959. There are no structures
presently on the proposed lots.
The Planning Division recommended approval.
There was no opposition presented to this appeal.
Mr. Edwards made a motion to grant all three appeals stating that all three are
to settle an estate and the access easements are already in place and has
planning approval. Mr. Lewis seconded the motion. Mr. King mentioned that the
applicant stated that they had consulted with the neighbors and they had no
objections. Motion carried unanimously.
Case No.06-V130&V131?Granted:
Bray Manderson, 405 Barschall Drive, Lots 500 & 501, presented the appeal for a
variance to reduce the minimum lot width requirement from 100 ft to 25.4 ft on
Lot 500 and from 100 ft to 25.39 ft on Lot 501. The property is zoned SFR1.
Mr. Manderson stated he has a 2-acre lot that he wishes to split in half and
erect a house in the rear. His house is on the front part of the Green Island
Golf Course. He would keep the same driveway, which will fork and come up to
the proposed house.
The Planning Division recommended approval.
There was no opposition presented to this appeal.
Mr. King made a motion to grant the variance for 06-V130, stating that it
conforms with the surrounding area and due to the topography, it will work out
very well. Mr. Borom seconded the motion. Mr. Edwards added that it does have
planning approval and the lot is basically a flag lot already. Motion carried
unanimously.
Mr. King made a motion to grant the variance for 06-V131, stating the same
criteria for 06-V130. Mr. Lewis seconded the motion. Motion carried
unanimously.
Case No. 06-V132-Granted:
Brian Senior of Horace Senior Construction Co., presented the appeal of 6804
Forest Road, for a variance to increase the square footage requirement for a
sign from 15 ft to 59 ft. The property is zoned SFR2.
Mr. Senior stated that they would like to erect a new sign. They are going to
take down the existing sign, which is an existing non-conforming sign. The
sign will be lighted and readable from both sides.
There was no opposition present to this appeal.
Mr. King made a motion to grant the appeal stating that the sign is similar to
the existing sign and it will be in the same location as the existing sign.
Mr. Borom seconded the motion. Motion carried unanimously.
Mr. King made a motion to accept the minutes of the regular meeting of
September 6, 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 2:53 p.m.
____________________ __________________
David E. Fox Bill Duck
Chairperson Secretary
_____________________ __________________
Billy Edwards Danny Cargill
Vice Chairperson Acting Secretary
Attachments
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