BOARD OF ZONING APPEALS
REGULAR MEETING - 2:00 P.M. ? MARCH 1, 2006
The Regular Meeting of the Board of Zoning Appeals was held Wednesday, March 1,
2006 at 2:00 P.M., on the 1st Floor of the Government Center Annex in the
conference room, 420-10th Street. The meeting was called to order by Mrs. Leah
Braxton, Chairperson. The board members present were:
Mrs. Leah Braxton, Chairperson
Mr. David Fox
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-V20?-Granted:
Donielle D. Smith, 4333 Wilson Street, presented the appeal for a variance to
reduce the side yard setback requirement from 8 feet to 6 feet. The property
is zoned SFR2.
In her statement, Ms. Smith stated that she wanted to close in an existing
carport for a laundry room and add a bedroom and a bathroom on to the home.
The new addition will stay in line with the existing house. The materials will
be similar to the existing home and the outside will have vinyl siding.
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-V21?Granted:
Frank O. Johnson and Keith Cullefer, 2949 Lynda Lane, presented the appeal for
a variance to reduce the front setback requirement from 25 feet to 15 feet for
a bedroom addition. The property is zoned SFR2.
In his statement, Mr. Johnson said he just needed somewhere to stay in his
home. His wife passed away and he allowed his daughter to live in his home.
The addition will match the existing construction. The rear yard has a large
oak tree as well as a swimming pool that is why he is not able to build the
addition in the rear of the house. Mr. Cullefer came in support of Mr.
Johnson?s appeal and to assist him with communicating during the hearing due to
his familiarity with contracting.
Ms. Jane Rivers, 2953 Lynda Lane, came forth in opposition to the appeal. She
stated that she has been a resident for over 30 years and that there has not
been any variances requested in that neighborhood during that time and she
assumes that the addition will ruin the property value. She thinks it will be
? very unpleasant looking to have this thing stuck out in the front and it will
ruin the face of the house.? She stated that there were other neighbors who
were in opposition of the appeal but she was the only one present.
Mr. Fox asked Mr. Johnson if the board decided to table the appeal to allow
more time for pictures and other items to help them with their decision, would
that be convenient for him. Mr. Johnson expressed that he would like to have
an answer today because any further delay would cost him more financially.
Mr. Edwards made a motion, which was seconded by Mr. Fox, to grant this appeal.
Motion carried unanimously.
Case No. 06-V22?Granted:
Don Bowles, 2713 North Walnut Street, presented the appeal for a variance to
amend a variance granted in March 2005 for the property to be subdivided into
two 50 ft x 170 ft lots. The survey represents frontage of only 95.72 ft. The
property is zoned SFR3.
In his statement, Mr. Bowles said that Dennis Deal was the owner of the
property when the original variance was requested and there was a condemned
house on the property. The tax map reflected a 100 ft frontage lot. The deed
reflected the lot to be 92 ft wide when he went to closing on the property.
Since that time, he hired Hobbs & Smith to re-survey the property, which gave
him a third and more accurate frontage dimension of 95.72 ft. His request is
that the variance granted a year ago be granted for two 47.86 ft. lots
instead. The neighbors welcome the idea of two new homes in the neighborhood
to assist with re-vitalization. The planning division recommended approval.
There was no opposition presented to this appeal.
Mr. Fox made a motion to grant the appeal, which was seconded by Mr. Edwards,
to grant this appeal. Motion carried unanimously.
Case No. 06-V23?Denied:
Don Cotton, 1242 6th Avenue, presented the appeal from a decision of a building
official that he cannot replace an existing non-conforming billboard, which was
erected in 1996, with a new sign with the same measurements. The property is
zoned HMI.
In his statement, Mr. Cotton said that he purchased the property 10 years ago
and at that time, he put a sign easement across a portion of the property and
then he sold the property but retained the sign easement. Viacom erected a
sign that is still there. When he discussed renewing the lease, they mentioned
that the ordinances have changed since then and another sign had been erected
which now puts this sign in violation. The signs are now 275 ft in distance
from each other and the UDO requires 1250 ft distance between them.
Patrick Williams came forth in opposition to this appeal. He is the owner of
the property at 1242 6th Avenue. He mentioned that the easement contract
expires on May 4th of this year (2006). He stated that he doesn?t want any
variances granted or changes made to the property. The sign will remain there
with negotiating to be between Mr. Williams and Viacom.
Mr. Fox made a motion, which was seconded by Mr. Edwards to deny this appeal.
Motion carried unanimously.
Case No. 06-V24?Granted:
James Q. Shytle and Joe Powell, counsel for Mr. Shytle, 3646 Edgewood Road,
presented the appeal for a variance to reduce the rear setback requirement from
15 ft to 7 feet. The property is zoned NC.
In his statement, Mr. Shytle said that his intentions are to add about 400
square ft for two offices and a bathroom. The same construction and materials
that are on the existing building will be used.
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-V25-Granted:
W. W. Wade, 3808 Anglin Court, presented the appeal for a variance to reduce
the front setback requirement from 20 ft to 19 ft 6 in. The property is zoned
SFR3.
In his statement, Mr. Wade mentioned that he developed the subdivision in 1991
and had one lot leftover. He is requesting the variance for two reasons; 1.)
the brick mason must have set the brick on the wrong side of the line, and 2.)
the left side of the house is 5.3 ft off and the back of the house is 5.2 ft
and the other side is not exactly squared.
Ms. Colleen Cotton and Ms. Stacy Collins came forth in opposition to this
appeal. She stated that she was concerned about the drainage problem and has
an objection to the variance for several reasons. She feels that she has lost
sight of her house.
The board assured her that the variance requested would not affect her property
with drainage issues. The concerns that she voiced were not in the
jurisdiction of the Board of Zoning Appeals. The Board directed her to the
Engineering Department with any drainage concerns or to speak directly with Mr.
Wade to gain resolution.
Mr. King made a motion, which was seconded by Mr. Lewis to grant the appeal.
Motion carried unanimously.
Case No. 06-V26?-Granted:
Jesse Dasher, property owner of 2501 South Lumpkin Road, presented the appeal
for A.C.E. Construction & Drafting Co., for a variance to reduce the front
setback requirement from 25 ft to 17 ft 6 in. The property is zoned RO.
Mr. Dasher stated that he just wanted to add a covered porch on the end of the
house to make it a little more balanced. It won?t change anything else.
There was no opposition presented to this appeal.
Mr. Fox made a motion, which was seconded by Mr. King, to grant this appeal.
Motion carried unanimously.
Case No. 06-V27?Granted:
Kevin Gabrielson of Columbus Building & Renovation and Chuck Nobes, homeowner,
2919 Ethel Avenue, presented the appeal for a variance to reduce the rear
setback requirement from 30 ft to 12 ft. The property is zoned SFR2.
Mr. Nobes stated that he plans to add a great room, a master bedroom and a
master bathroom with the addition. The addition will not be seen from the
front and the rooflines will not be above the current roofline. He doesn?t
anticipate drainage to be a problem.
There was no opposition presented to this appeal.
Mr. Edwards made a motion made a motion to grant the appeal, which was seconded
by Mr. Lewis. Motion carried unanimously.
Case No. 06-V28?Granted:
Ron Crump of LAI Engineering for Wal-mart, 5550 Whittlesey Blvd, presented the
appeal for a variance to reduce the parking space size requirement from
9ftx20ft to 9.5ftx18ft and a variance to increase the number of parking spaces
allowed from 1429 to 1679. The property is zoned GC.
In his statement, Mr. Crump said that the width is the primary reason for the
request. The depth they are keeping by having a one-way 20ft drive aisle and
25ft wide two-way drive aisle. The number of spaces request is mostly for the
safety of the lot. Through studies, they have found that Wal-mart notoriously
needs this number of spaces. It is a joint request for the entire
development. They have met the requirements for green space additions. The
requirement was 10 acres. They are supplying 16 acres fully landscaped.
Bruce Hutchins, 2911 Charlotte Dr., came forth in opposition to the appeal. He
was not certain of where the development was, but immediately thought that more
parking spaces would involve more traffic.
The board informed Mr. Hutchins that the request for the increase in size of
the parking spaces for the width would be beneficial for those driving large
SUV?s. After talking to Mr. Crump regarding his concerns, Mr. Hutchinson had a
clearer understanding.
Mr. King made a motion to approve the appeal, which was seconded by Mr. Fox.
Motion carried unanimously.
Case No. 06-V29?Granted:
Larry Carden of First Georgia Banking Company, 7320 Veterans Parkway, presented
the appeal for a variance to add LED lighting to existing non-conforming sign.
The property is zoned GC.
Mr. Carden stated that since the existing sign is non-conforming, all future
requests on that sign have to come before the board for approval. Their plan
is to replace the existing tiles on the top of the sign to read the business
name and replace the second set of tiles with LED lighting and there will not
be any structural changes to the current sign.
There was no opposition presented to this appeal.
Mr. Fox made a motion to grant this appeal, which was seconded by Mr. Edwards.
Motion carried unanimously.
Case No. 06-V30 & 06-V31?Tabled:
Murray Calhoun IV, and Walter Calhoun of Calhoun Construction, 4337 Almond
Road, Lot 3 & Lot 4, 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.
The Planning Division recommended denial regarding the original proposal.
Mr. Rick Bretel came forth with a question regarding the variance request to
ensure green space availability.
Mr. Calhoun was given an opportunity to meet with the planning division to
discuss alternate options for the request.
Mr. Fox made a motion to table the request, which was seconded by Mr. Edwards.
Motion carried unanimously.
Case No. 06-V32?Granted:
Tim Jenson of Hecht, Burdeshaw, Johnson, Kidd & Clark, Inc., #1 Aflac Parkway,
presented the appeal for a variance to increase the parking space requirement
from 384 to 775. The property is zoned HMI.
Mr. Jenson stated that this is an addition for Aflac and the current UDO
stipulates the number of spaces compared to the maximum. The total numbers of
employees are between 650-720, which works different hours. The parking spaces
that they are providing are 92% occupancy rate.
There was no opposition presented to this appeal.
Mr. King made a motion to grant the appeal, which was seconded by Mr. Edwards.
Motion carried unanimously.
Case No. 06-V33?Granted:
Bob Kidd and Alan Udy of Hecht, Burdeshaw, Johnson, Kidd & Clark, Inc.
Architects, 3150 Macon Road, presented the appeal for a variance to increase
the parking space requirement from 30 to 41 and a variance to increase the
square footage from 5000 and not to exceed 7400. The property is zoned NC.
Mr. Kidd stated that this would be the replacement branch for the CB&T that is
in the K-mart shopping center on Macon Road. The parking space increase is
requested to accommodate the growth.
There was no opposition presented to this appeal.
Mr. Lewis made a motion to grant the appeal, which was seconded by Mr. Fox.
Motion carried unanimously.
Case Tabled from February 1, 2006 Meeting:
Case No. 06-V19?Denied
Appeal of Signs Inc., 3101 Mercury Drive, for a variance to increase the sign
requirement from 1 @ 250 square ft allowed to 5 @ 820 square ft. The property
is zoned NC.
Due to lack of representation, case was denied.
Mr. King made a motion to deny the appeal, which was seconded by Mr. Lewis.
Motion carried unanimously.
END OF VARIANCES
The minutes of the regular meeting of February 1, 2006 were presented for
approval as written.
There being no further business to come before the Board,
the meeting adjourned at 4:10 p.m.
____________________ __________________
Leah Braxton Bill Duck
Chairperson Secretary
_____________________ __________________
David Fox Danny Cargill
Vice Chairperson Acting Secretary
Attachments
No attachments for this document.