BOARD OF ZONING APPEALS
REGULAR MEETING - 2:00 P.M. ? JANUARY 3, 2007
The Regular Meeting of the Board of Zoning Appeals was held Wednesday, January
3, 2007 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
Also present representing the Inspections and Code Enforcement Department was
Mr. Danny Cargill, Secretary of the Board, and Mrs. Millicent Burden, Recording
Secretary.
VARIANCES:
Case No. 06-V157?-Granted:
Ryan Clements and Tracy Sayers, 2214 Fort Benning Road, presented the appeal
for a variance to reduce the side corner setback requirement from 25 ft to 15
ft; and to reduce the number of parking spaces required from 179 to 147. The
property is zoned GC.
Mr. Clements stated that the proposed development is a combined hybrid hotel.
The setback variance is needed to make better use of the site. The parking
variance is needed to work adequately for the proposed use. Overflow parking
will be provided on an adjacent site.
There was no opposition presented to this appeal.
Mr. Edwards made a motion to grant this request stating this is an odd shaped
lot and the site is restricted and they have other options for overflow
parking. Mr. Borom seconded the motion. Motion carried unanimously.
Case No. 06-V158--Tabled:
Appeal of Julie Smith, 1804 Wildwood Avenue, for a variance to reduce the side
yard setback requirement from 8 ft to 2 ft to add a garage. The property is
zoned SFR2.
Mr. King motioned to table this request. Motion carried unanimously.
Case No. 06-V159--Granted:
Iris Faye Vincent and Pam Gibson (daughter) 3849 Hampton Court, presented the
appeal for a variance to reduce the corner side yard setback requirement from
25 ft to 13 ft; and to reduce the rear setback requirement from 5 ft to 2 ft to
add an accessory structure. The property is zoned SFR2.
Mrs. Gibson stated that the shape of their corner lot is the cause of the
variance request. There is a utility pole from Bellsouth in the yard, which
leaves them with only the side yard to work with. They do plan to extend the
privacy fence, which will eventually enclose the storage building. The
materials of the storage building will have siding and shingles on the roof.
There was no opposition presented to this appeal.
Mr. King motioned to grant this request stating that the lot is unusual and
there were no negative comments from the audience. Mr. Borom seconded the
motion. Motion carried unanimously.
Case No. 06-V160?Granted:
Chris Brassell of EMC Engineering Services, 1301 Manchester Expressway,
presented the appeal for a variance to reduce the corner side yard setback
requirement from 20 ft to 10 ft. The property is zoned NC.
Mr. Brassell stated that there is an existing structure on site that has a zero
setback and they are trying to put in a new building to make the property
useful for a car dealership to have access around it. They will maintain the
existing building, but the future building will be for servicing vehicles.
There was no opposition presented to this appeal.
Mr. Edwards made a motion to grant this appeal stating that this is a corner
lot with an existing building, which limits the amount of property they can use
to erect a new building. Mr. King seconded the motion. Motion carried
unanimously.
Case No. 06-V161--Tabled:
Appeal of Signs Inc., 2601 Manchester Expressway, for a variance to reduce the
side yard setback requirement from 3 ft to 6 in to erect a sign. The property
is zoned NC.
Mr. King made a motion to table this request. Motion carried unanimously.
Case No. 06-V162--Granted:
Larry French of French & Associates, 1345 Delaunay Avenue, presented the appeal
for a variance to reduce the depth of the parking spaces from 20 ft to 18 ft.
The property is zoned GC.
Mr. French stated that the property on the site plan is proposed for relocation
of Dr. Straus? office. In order to maintain the side setback, they need to be
about 10 ft off the property line. The property is very narrow. The lot has
severe topography associated with it, which is requiring them to put the
building on a crawl space and have stair access in order to have the handicap
access.
There was no opposition presented to this appeal.
Mr. Edwards made a motion to grant this request stating that the request is not
uncommon and the hardship of the topography limits their options. Mr. Borom
seconded the motion.
Case No. 06-V163--Granted:
Warren Mason and Ryan Davis of Moon, Meeks, Mason and Vinson, 3049 Tower Road,
Suite 200, presented the appeal for a variance to increase the number of
required parking spaces from 160 to 329. The property is zoned GC.
Mr. Mason stated there is a lot of traffic that is generated for the gym. The
parking needs have been exacerbated. They have already met with Ron Hamlett
about connection near the front of Tower Road. The owner has acquired the rear
portion from Southeastern Freight and some of the front portion from David
Cummings as well and there are no zoning issues.
There was no opposition presented to this appeal.
Mr. King made a motion to grant this request stating that this is a large
workout facility that takes in a number of people at any given time of the day
and required parking is much higher than the UDO allows. Mr. Borom seconded
the motion. Motion carried unanimously.
Case No. 06-V164?Granted:
Sandy Bacle, 13920 Heritage Drive, presented the appeal for a variance to
reduce the side yard setback requirement from 25 ft to 20 ft; and to reduce the
rear yard setback requirement from 50 ft to 5 ft for a storage building. The
property is zoned RE1.
Mr. Bacle stated that site plan shows it is approximately 16x17 and has
materials that are similar to the existing house.
Mr. Bobby Stevens, adjacent property owner at 7610 Jenkins Road, spoke in
support of the variance request, stating that it looks better than all the
other buildings in the area including his own.
Mr. Edwards asked how did the building get so close. Mr. Bacle stated that the
actual builder placed it that close and he stumbled upon the fact that there
was not a permit purchased and he tried to correct it and that is when he found
out that he needed a variance.
There was no opposition presented to this appeal.
Mr. Edwards made a motion to grant this request stating that the applicant was
caught in the middle of it due to negligence of the contractor and the closest
neighbor is in support of the variance. Mr. King seconded the motion. Motion
carried unanimously.
Case No. 06-V165- Granted:
Richard Dropp and Eric Pilcher of Travis Pruitt & Associates, Inc., presented
the appeal of 5550 Whittlesey Boulevard, for a variance to increase the number
of required parking spaces from 16 to 46. The property is zoned GC.
Mr. Dropp stated that with the current zoning ordinance only allows them 18
spaces. During their busiest hours, there will be 14 employees, which only
allow 4 spaces for customers with one being a handicap space. Typically, their
parking count is about 40. They project approximately 13,000 customers coming
into the lobby in a month?s time during peak times, which requires the need to
exceed the minimal requirement for parking.
Mr. Edwards made a motion to grant the request stating that the applicant
stated that there would be 14 employees and there would not be adequate parking
for customers. Mr. Borom seconded the motion. Mr. Edwards also stated that is
part of the large development on Whittlesey Boulevard and there would be plenty
of overflow parking available if needed.
Mr. King made a motion to accept the minutes of the regular meeting of December
6, 2006 for approval as written. Mr. Edwards seconded the motion. Motion
carried unanimously.
Mr. Edwards made a motion to excuse Mr. Willie Lewis from the meeting due to
personal reasons. Mr. King seconded the motion.
There being no further business to come before the Board, the meeting adjourned
at 2:48 p.m.
____________________ __________________
David E. Fox Bill Duck
Chairperson Secretary
_____________________ __________________
Billy Edwards Danny Cargill
Vice Chairperson Acting Secretary
Attachments
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