BOARD OF ZONING APPEALS
REGULAR MEETING - 2:00 P.M. ? FEBRUARY 7, 2007
The Regular Meeting of the Board of Zoning Appeals was held Wednesday, February
7, 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. 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.
VARIANCES:
Case No. 07-V001?-Granted:
Jimmy Weaver of A-Airflow Awning, presented the appeal for 2455 Mesa Street,
for a variance to reduce the side yard setback requirement from 8 ft to 1 ft;
and to reduce the front yard setback requirement from 25 ft to 15 ft to erect a
carport. The property is zoned SFR3.
Mr. Weaver stated the property is in a cul-de-sac and presented photographs of
different carports existing in the neighborhood. It will be a gable typed
carport attached to the front of the house. Both sides will be guttered to
stop the water flow from the neighbors.
There was no opposition presented to this appeal.
Mr. Lewis made a motion to grant the appeal with the stipulation that gutters
will be installed to control the water flow. Mr. King seconded the motion.
Motion carried unanimously.
Case No. 07-V002--Granted:
Brock Jones of Brock Jones, Inc., presented the appeal for 1001 Heiferhorn
Drive, for a variance to reduce the side yard setback requirement from 20 ft to
15 ft for an addition. The property is zoned RE1.
Mr. Jones stated that the property owner is building a pool house, which will
have similar materials as the existing house. He also owns the lot next door,
he just decided not to replat them.
There was no opposition to this appeal.
Mr. King made a motion to grant the appeal stating that the homeowner owns both
lots. Mr. Lewis seconded the motion. Motion carried unanimously.
Case No. 07-V003--Denied:
Charles A. Mazzola and Ted Szutowitz, presented the appeal of 4134 Victory
Drive, for a variance to reduce the corner side yard setback requirement from
20 ft to 11 ft; to reduce the front yard setback requirement from 20 ft to 3 ft
for proposed building; to reduce the front setback from 20 ft to 1 ft for a
canopy; and to reduce the required number of parking spaces from 8 to 6. The
property is zoned GC.
Mr. Mazzola stated that this lot was oddly configured in addition to right of
way issues. The request for the parking decrease is due to the pumps that will
be installed. After some lengthy discussion with the board regarding the
intentions for the property, he stated that there were alternate options that
they could take to be in compliance.
There was no opposition presented to this appeal.
Mr. King made a motion to deny the request based on the fact it was
questionable as to the number of spaces they could actually put in and it was
also quite a drastic reduction in the setback. Mr. Borom seconded the motion.
Mr. Lewis stated that he did not have a clear understanding of layout of the
neighborhood. Motion passed unanimously.
Case No. 07-V004?Granted:
John Strickland, presented the appeal of 3474 Victory Drive, for a variance to
reduce the front setback requirement from 20 ft to 10 ft. The property is
zoned GC.
Mr. Strickland stated that he is proposing to put a Checkers Restaurant on this
lot. The variance is actually for the canopy and not the actual building
itself. He presented photographs to the board to give them an idea of his
intentions.
Jason Durrance of Sonic Drive-In, came forth with some concerns regarding the
canopy blocking the view of their sign. After some dialogue with the board, he
was informed that the sign is no higher than 13 ft and the top of Sonic?s sign
is at least 20 ft.
Mr. King made a motion to grant this appeal stating that they are going to
demolish the old building and replace it with a new one, which is similar to
what is existing. The canopy is encroaching on the property line causing it to
be closer but the building itself is not. Mr. Borom seconded the motion.
Motion carried unanimously.
Case No. 07-V005--Granted:
Robert Teasley of Signs Inc., presented the appeal of 516 Heath Drive, for a
variance to add a second sign and to increase the total square footage of a
sign from 15 ft allowed to 181 ft. The property is zoned SFR3.
Mr. Teasley stated that this was the River Road School. They are willing to
remove the original sign if need be, but they would really like to keep it if
possible. It is a monument sign. The new sign will be internally illuminated
if the school board approves it. The new sign will be used to advertise
activities and other fundraisers within the school. The square footage
increase is a combination of the two signs.
There was no opposition presented to this appeal.
Mr. King made a motion to grant this appeal stating that the sign will be used
as an informational sign. Mr. Borom seconded the motion. Motion carried 2-1,
with Mr. Lewis refraining.
Case No. 07-V006--Denied:
Robert Teasley of Signs Inc. presented the appeal of 2979 North Lake Parkway,
for a variance to increase the height allowance of a sign from 35 ft to 50 ft.
The property is zoned GC.
Mr. Teasley stated that this sign is the typical sign that the IHOP restaurant
uses. The variance is requested so that the customers can locate them from the
interstate.
There was no opposition presented to this appeal.
Mr. Borom made a motion to deny this appeal based on the fact that there was no
hardship presented to support this request. Mr. King seconded the motion.
Motion carried 2-1, with Mr. Lewis refraining.
CASES TABLED FROM JANUARY 3, 2007 MEETING:
Case No. 06-V161--Granted:
Robert Teasley of Signs Inc., presented the appeal of 2601 Manchester
Expressway, for a variance to reduce the side yard setback requirement from 3
ft to 2 ft to erect a sign. The property is zoned NC.
Mr. Teasley stated that the sign was already installed due to his error. He
measured off the property line and was incorrect in his calculations. The sign
is within the square footage allowed.
There was no opposition presented to this appeal.
Mr. King made a motion to grant this appeal stating that part of the structure
was removed and there were hardly any changes done. Mr. Lewis seconded the
motion. Motion carried unanimously.
Case No. 06-V158?Granted:
Julie Smith presented the appeal of 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.
Ms. Smith stated that she is adding a garage in front of an existing garage.
The existing garage has been turned into a storage building. The materials are
similar to the existing house and garage. This appeal does have BHAR
approval. The overhang for the proposed garage will be 1 ft. The water flow
goes toward the street from the driveway.
There was no opposition presented to this appeal.
Mr. Lewis made a motion to grant the appeal stating that the water flow will be
directed to the street. Mr. Borom seconded the motion. Mr. King stated this
appeal also has BHAR approval. Motion carried unanimously.
Mr. King made a motion to accept the minutes of the regular meeting of January
3, 2007 for approval as written. Mr. Borom seconded the motion. Motion
carried unanimously.
Mr. King made a motion to excuse Mr. Billy Edwards from the meeting due to
business. Mr. Borom seconded the motion. Motion carried unanimously.
There being no further business to come before the Board, the meeting adjourned
at 2:44 p.m.
____________________ __________________
Billy Edwards Bill Duck
Chairperson Secretary
_____________________ __________________
Danny Cargill
Vice Chairperson Acting Secretary
Attachments
No attachments for this document.