BOARD OF ZONING APPEALS
REGULAR MEETING - 2:00 P.M. ? May 5, 2010
A regular meeting of the Board of Zoning Appeals was held Wednesday, May 5,
2010, at 2:00 P.M., on the First Floor of the Columbus Consolidated Government
Annex Building located at 420 10th Street.
Members Present: Mr. Wright Wade
Mr. Perry Borom
Mr. Bill Hart
Mr. Tom Moore
Member Absent: Mr. Ray Brinegar, III
Also present representing the Inspections and Code Enforcement Department were
Danny Cargill, Secretary of the Board, and Ms. Jacqueline Goodwin, Acting
Recording Secretary.
Call To Order:
The meeting was called to order at 2:00 p.m. by Mr. Wright Wade, Board
Chairperson.
VARIANCE APPEALS:
CASE NO. BZA-4-10-3921?GRANTED
Mr. Chuck Richardson, representing Waffle House, appeared before the Board to
request a variance from the zoning ordinance for 6751 Veterans Parkway, to
increase the sign height requirement from 35 feet allowed to 50 feet shown. The
property is zoned GC.
Mr. Richardson stated that Veterans Parkway is expanding and because of the
expansion, the Waffle House is losing parking spaces, as well as relocate our
existing sign. As is, the sign meets the code of 35 feet in height. Because
we will have to move the sign back over power lines, etc., with the current 35
feet height, the whole sign would be blocked. It has been shown in our
restaurants across the country regarding the lack of visibility of our sign
that sales go down. Therefore, we are asking to place our sign higher in our
parking lot for visibility.
Mr. Robert Teasley, Signs Inc., stated that he was a consultant for the City
for right-of-way acquisition, and that the Waffle House sign is a double stack
sign. We measured the clear visibility from the top of the sign so that you
could read the word ?HOUSE?, and that is why we are not asking for 51 feet or
52 feet, and this is exact from our drive-by survey. We are trying to keep it
as short as we can, but yet we really need the 50 feet in height.
Mr. Wade asked if the Waffle House will be losing one parking space.
Mr. Richardson replied that the Waffle House will be losing three parking
spaces.
Mr. Wade asked why they would not move the existing sign back instead of
relocating.
Mr. Teasley replied that they are relocating the sign because of the power
lines to the left of the building, and the sign can not be placed there.
Mr. Hart asked if the McAlister?s sign will have to moved.
Mr. Teasley replied that a second engineering firm was out there, and other
signs may have to be moved.
Mr. Wade asked Mr. Cargill if the Board will be reviewing other variance
requests because of the widening of Veterans Parkway.
Mr. Cargill replied that the Board will probably have several variance appeals
when they began widening.
There was no opposition present for this appeal.
After a lengthy discussion, Mr. Borom moved to approve the request based on the
facts that they have very limited options, and to obtain the visibility, the
sign would have to be moved. Also, they will be losing parking spaces. Mr.
Hart added that they really have a hardship, and there was no opposition. The
motion was seconded by Mr. Hart, and carried unanimously.
CASE NO. BZA-4-10-3923--TABLED
CBR filed an appeal for a variance from the zoning ordinance for 730 Talley
Avenue, to reduce the rear yard setback requirement from 30 feet required to 17
feet shown, in order to build an addition to the single family residence. The
property is zoned RMF1.
No one was present to represent CBR.
Mrs. Susan Hardin, 807 Overlook Drive, was present in opposition. Mrs. Hardin
stated that she is the rear adjacent property owner. My next door neighbor and
I back up to this property.
Mr. Wade pointed out on the site plans the addition in question of the appeal
request to Mrs. Hardin.
Mrs. Hardin stated that there are a lot of gatherings at this house. They are
more to the side and a little in the back yard, and it seems that they are
right up on our fence. With any further encroachment towards our property, the
gatherings would be closer to our property.
(Mrs. Hardin submitted a letter to the Board in opposition, and a letter in
opposition from Mrs. Margie Richardson, located at 803 Overlook Drive.)
After a brief discussion, Mr. Moore moved to table the case until the next
meeting, June 2, 2010, to allow the appellant to withdraw or appeal the case.
The motion was seconded by Mr. Hart, and carried unanimously.
CASE NO. BZA-4-10-3930--GRANTED
Mrs. Cassandra Copeland appeared before the Board to request a variance from
the zoning ordinance for 626 Baxley Way, to reduce the side yard setback
requirement from 8 feet required to 6 feet shown, in order to erect a single
car carport to a single family residence. The property is zoned SFR2.
Mrs. Copeland stated that she is requesting permission to add a carport over
her parking pad. There will not be an extension to the existing parking pad,
just a cover.
Mr. Wade asked if this will be aluminum or wood.
Mrs. Copeland replied that the carport would be wood.
Mr. Wade pointed out that from the elevation on the plans, the water will flow
to the rear of the house, and will not flow to the neighbor?s yard.
There was no opposition present for this appeal.
After a brief discussion, Mr. Hart moved to approve the request based on no
opposition, and that there was minor encroachment. The motion was seconded by
Mr. Moore, and carried unanimously.
CASE NO. BZA-4-10-3932?WITHDRAWN
River Signs, LLC did not appear before the Board for 101 13th Street, to appeal
the Decision of the Building Official to install an internally illuminated
channel letter sign to the building front on the 13th Street fa?ade. The
property is zoned CRD.
Mr. Wade stated that the appellant has withdrawn the case.
There was no opposition present for this appeal.
CASE NO. BZA-4-10-3933--GRANTED
Mrs. Tamesia Paschal appeared before the Board to request a variance from the
zoning ordinance for 3033 Lansing Avenue, to reduce the side yard setback
requirement from 8 feet required to 6 feet shown, in order to erect a single
car carport to a single family residence. The property is zoned SFR3.
Mrs. Pascal stated that she was requesting the Board to allow her to reduce the
side yard setback requirement 2 feet, in order to add a carport.
Mr. Wade asked the type of carport.
Mrs. Pascal replied that the carport would be wood.
Mr. Moore asked if there was an existing parking pad.
Mrs. Pascal replied that there was an existing parking pad and there would not
be any extensions.
Mr. Hart asked about the drainage and if there would be an issue with the
neighbor.
Mrs. Pascal replied that there would not be a drainage problem nor will the
water flow to the neighbor?s yard. The neighbor has no objections.
There was no opposition present for this appeal.
After a brief discussion, Mr. Moore moved to approve the request based on no
opposition, the carport would be covering an existing parking pad, and there is
not a problem with the drainage. The motion was seconded by Mr. Hart, and
carried unanimously.
CASE NO. BZA-4-10-3934?GRANTED
Mr. Will Barnes, Barnes and Company Architects, on behalf of Todd Reaves, Omega
Financial, Inc., appeared before the Board to request a variance from the
zoning ordinance for 1242 6th Avenue, to reduce the number of parking spaces
from 34 spaces required to zero (0) spaces shown. The property is zoned LMI.
Mr. Barnes stated that he supplied a site plan and that he was going to give an
orientation of the site plan. The long building on the site plan identified as
1300 6th Avenue, is the current offices of Omegathon. The property in question
is identified as Omegafi Service Center and that is across and under the 13th
Street Overpass. That is a 10,000 square feet building that they own, and
therefore going to expand their existing operation. The same people are in the
1300 building, and they are going to spread out and move in the 1242 building.
The third parcel is 1237, which is across 6th Avenue and that is a parcel of
land which they have agreement for parking.
Mr. Barnes further stated that they are requesting a variance to go from 34
required spaces to zero (0) spaces. There are four particular reasons: (1)
There is only 12 feet on the back side of this property that can be used.
There is zero feet on the two sides of the building, and zero feet on the front
of the building on 6th Avenue. In order to provide parking, there will need to
be an agreement with a property owner or a reduction of zero. (2) This
building is being renovated to accommodate existing employees. We have parking
to accommodate those employees now, but it does not speak for future use of the
building. (3) We have 40 spaces, and if you notice on your site plan there are
7 parking spaces and 32 spaces on 6th Avenue. Those are on the city
right-of-way, and we can?t count those spaces. Those are not there to serve
any other business, because you have to cross four lanes of traffic to get to
an auto body shop across the street. They are really there primarily to serve
this building.
Mr. Hart asked if this was on the west side of 6th Avenue.
Mr. Barnes replied that it is on the east side of 6th Avenue. This was
previous a warehouse, and currently zoned LMI, but up for rezoning to general
commercial. Either zoning will work for this occupancy. The last point
supporting this request is that there are 18 proposed parking spaces underneath
the13th Street Overpass, and those are on the Department of Transportation
(DOT) right-of-way. There is an easement there to get to the railroad
property. The owner has an agreement with the DOT to improve that area for the
18 parking spaces. Again, you can?t count those spaces because they are on an
easement. The more permanent solution for this building long term is to reduce
the parking to zero spaces.
Mr. Wade asked if this property was on a lot by itself, and where did they
previously park.
Mr. Barnes replied that the property is on a lot by itself, and no one was in
the building. The people that will occupy the building are currently employed
in the 1300 building and parking on the street. We are looking for long term
liability.
There was no opposition present for this appeal.
After a lengthly discussion, Mr. Hart moved to approve the request based on no
opposition, and they actually have parking even though they can?t take credit
for it being on city right-of-way. The motion was seconded by Mr. Borom, and
carried unanimously.
CASE NO. BZA-4-10-3935?GRANTED
Mr. Warren Mason and Mr. Anthony Slaughter, Moon, Meeks, Mason and Vinson,
representing St. Francis Hospital, appeared before the Board to request a
variance from the zoning ordinance for 2122 Manchester Expressway, to reduce
the corner side yard requirement from 25 feet required to one (1) foot shown,
to construct an addition to the CEP building for the hospital. The property is
zoned RO.
Mr. Mason stated that they are assisting St. Francis Hospital with their
expansion. We have been working with the architect, HRD, on this project. One
of the first things they need to do in the anticipation expansion of this
hospital is to work on their energy plan, and expand it with a generator. What
you have before you is the proposed expansion to the existing facility service
building, which is adjacent to Woodruff Road. What we are requesting is a
variance to the setback line, so that they can expand the energy plan to
accommodate new generators.
Mr. Wade asked if this will be one, two or three stories.
Mr. Mason replied it will be one story. If you look at the overall view you
will see that previous the parking deck where a similar situation where the
building encroaches beyond where a normal setback line would be, and is close
to the right-of-way.
There was no opposition present for this appeal.
After a brief discussion, Mr. Borom moved to approve the request based on the
fact that it is for a power generator, and that is where the power placement is
located. Also, there was no opposition. Mr. Wade added that on the lot there
were two other encroachments similar in statue that are already existing. The
motion was seconded by Mr. Hart, and carried unanimously.
CASE NO. BZA-4-10-3937--GRANTED
Mr. Jimmy Weaver, A-Airflow Awning, representing Mr. Richard Callahan, appeared
before the Board to request a variance from the zoning ordinance for 5245 Ray
Drive, to reduce the side yard setback requirement from 8 feet required to 4
feet shown, in order to erect a single car carport to a single family
residence. The property is zoned SFR2.
Mr. Weaver stated that there is an existing pad and existing retainer wall,
which Mr. Callahan wants to cover on the side of the house. The house next to
him belongs to Robert Bennett, which the Board approved basically the same last
year. It would be guttered and all the water will flow to the streets.
Mr. Wade asked if there were any opposition from the neighbors.
Mr. Weaver replied that there was no opposition, and Mr. Callahan and Mr.
Bennett were best friends.
There was no opposition present for this appeal.
After a brief discussion, Mr. Moore moved to approve the request based on no
opposition, the owner is only covering an existing pad, and it will be
guttered. The motion was seconded by Mr. Hart, and carried unanimously.
CASE NO. BZA-4-10-3941?GRANTED
Mrs. Tracy Stutzman, Mid America, and Michael Baker, Property Manager,
representing RC Signs for Willow Creek Apartments, appeared before the Board to
request a variance from the zoning ordinance for 3700 Buena Vista Road, to
increase the sign area from 6 square feet allowed to 33.6 square feet shown.
The property is zoned RMF2.
Mr. Baker stated that they are asking to move the sign from one side of the
driveway to the other side, and turn it vertically to the road where it can be
seen from both directions on Buena Vista Road.
Mr. Wade asked if they were going to remove the existing sign to build another
sign, and would it be the same size.
Mr. Baker replied that the new sign would be a little larger than the existing
sign. Basically the existing sign is 7 feet 6 inches in height.
Mrs. Stutzman pointed out that they do not have all the renderings to present
to the Board. The sign will be stacked stone with aluminum face, and two-sided,
whereas, you can see it from either direction.
Mr. Cargill stated that the only question is that when you look at this piece
of property, it is divided into a couple of different parcels, with a notation
of setback requirements. This property being zoned residential requires a
minimum of 10 feet setback from the property line. We want to make them aware
that when inspected, the sign will need to be a minimum of 10 feet back from
the property line. The site plan we have is 3 feet. The existing sign is on
the property line. Inspections and Code will need a site plan indicating the
exact location of the new sign.
Mrs. Stutzman expressed that they will get RC Signs to make the corrections on
the site plans.
There was no opposition present for this appeal.
After a brief discussion, Mr. Hart moved to approve the request based on the
fact that they are essentially moving a pre-existing sign prior to the sign
ordinance, and they will adjust the plans for 10 feet off the right-of-way.
Also, there was no opposition. The motion was seconded by Mr. Borom, and
carried unanimously.
MINUTES OF THE LAST MEETING:
The minutes of the regular meeting of April 7, 2010 was presented for approval
as written.
Mr. Moore moved to accept the minutes of the regular meeting of April 7,
2010. The motion was seconded by Mr. Hart, and carried unanimously.
EXCUSED ABSENCE:
Mr. Borom moved to excuse Board Member Ray Brinegar III, because of illness.
The motion was seconded by Mr. Hart, and carried unanimously.
ADJOURNMENT:
There being no further business to come before the Board, the meeting adjourned
at 3:00 p.m.
Wright Wade William L. Duck, Jr.
Chairperson Secretary
Perry Borom Danny Cargill
Vice Chairperson Acting Secretary
Attachments
No attachments for this document.