BOARD OF ZONING APPEALS
REGULAR MEETING - 2:00 P.M. ? DECEMBER 5, 2007
The Regular Meeting of the Board of Zoning Appeals was held Wednesday, December
5th, 2007 at 2:00 P.M., on the 1st Floor of the Government Center Annex in the
conference room, 420-10th Street. Mr. Billy Edwards, Board Chairman, called
the meeting to order. The board members present were:
Mr. Ralph King
Mr. Perry Borom
Mr. Wright Wade
Also present representing the Inspections and Code Enforcement Department was
Mr. Danny Cargill, Secretary of the Board, Mrs. Millicent Burden, Recording
Secretary.
CASE NO. 07-V0103?GRANTED
Steven M. D?Ostroph, 8641 Battery Court, to reduce the corner side yard setback
requirement from 50 ft to 15 ft for a garage. The property is zoned RE1.
Mr. D?Ostroph stated that because of the configuration of the lot, he is
limited in the area that he can build the garage. All of the materials will
match the existing house.
There was no opposition present for this appeal.
Mr. King made a motion to grant this appeal. Mr. Wade seconded the motion.
Motion carried unanimously.
CASE NO. 07-V104--GRANTED
Gary Parrish, 7004 Daniels Court, to reduce the rear yard setback requirement
from 50 ft to 19 ft; and to reduce the side yard setback requirement from 25 ft
to 5 ft for a storage building. The property is zoned RE1.
Mr. Parrish stated that he wants to build a storage building in the back of the
lot. The lot on the left side of him is vacant. The house was placed farther
back on the lot than normal. All the materials will match the existing house.
Linda Brow and George Bowling came forth with questions regarding the size of
the building and whether he is in compliance with the covenants of the
neighborhood. After discussion with the board and the appellant, their
questions were answered.
Mr. Cargill informed them that the city does not enforce neighborhood covenants.
Mr. Wade made a motion to grant this appeal. Mr. Borom seconded the motion.
Motion carried unanimously.
CASE NO. 07-V105?GRANTED
Warren Mason of Moon, Meeks, Mason & Vinson, Inc., 6100 Veterans Parkway, to
reduce the parking stall length from 20 ft to 17 ft. The property is zoned NC.
Mr. Mason stated that the request is to reduce the lengths on the outside
spaces only.
There was no opposition present for this appeal.
Mr. Wade made a motion to grant this appeal. Mr. Borom seconded the motion.
Motion carried unanimously.
CASE NO. 07-V106--DENIED
Andrew Rony and Reggie Kelly of CBS Outdoor, 6600 Flat Rock Road, to reduce the
distance required between billboards from 1250 ft to 551 ft. The property is
zoned GC.
Mr. Rony stated that they want to move the location of the sign to the north
because the owner of the property wants to develop the property. The owner
thinks it would give him more development space.
Diane Hewitt, sign inspector for CCG, came forth in opposition to the request.
She presented an aerial photo of the site and mentioned that this was a
relatively new billboard. She stated that the reason given is not a hardship.
Mr. King made a motion to deny this appeal. Mr. Wade seconded the motion.
Motion carried 2 to 1.
CASE NO. 07-V107?TABLED
Arlen Mott, owner, 2301 Airport Thruway, Unit A, to increase the number of
signs allowed from 2 to 6; and to increase the square footage requirement from
300 ft to 638 ft. The property is zoned GC.
Mr. Mott stated that he is opening a family entertainment center and it has no
available area for advertising signage. All the spaces on the tenant board are
taken.
Diane Hewitt, sign inspector for CCG, came forth and stated that the area is
overloaded with signage. Even though she empathizes with Mr. Mott, she has to
make sure the area is in compliance.
After a lengthy discussion, the board decided to table the request to give Mr.
Mott some time to explore some other options that were presented to him.
Mr. King made a motion to table this appeal. Mr. Borom seconded the motion.
Motion carried unanimously.
CASE NO. 07-V108?GRANTED
N. Andrew Rotenstreich, attorney for Southeast Towers, LLC, 2300 Martin Luther
King, Jr. Boulevard, to appeal the decision of the building official for a
concealed structure (cell tower). The property is zoned LMI.
Mr. Rotenstreich stated that his client is trying to place a cell tower for
AT&T. After meeting with the Planning Department, they were under the
impression that they were in favor of the proposed request. They later found
out they did not agree. They disagree with the interpretation and the decision
that Mr. Rick Jones gave them and that is the reason for their appeal.
He presented documentation to the board of the definition of a cell tower and
pictures of the area to show how it will be concealed.
There was no opposition present for this appeal
Mr. King made a motion to grant this appeal. Mr. Borom seconded the motion.
Motion carried 2 to 1.
CASE NO. 07-V095?GRANTED w/stipulations
Stefon Newsome, of Action Buildings, 3069 Viking Drive, to reduce the side yard
setback requirement from 5 ft to 2 ft for an attached carport. The property is
zoned SFR3.
Mr. Newsome stated that the driveway is close to his neighbor?s property, which
causes a hardship for the carport. He agreed that if the board approves the
request, gutters would be added to control the water runoff.
There was no opposition present for this appeal.
Mr. Wade made a motion to grant this appeal. Mr. King seconded the motion.
Motion carried unanimously.
CASE NO. 07-V096--GRANTED
Stefon Newsome, of Action Buildings and Larry Love, property owner, 10537
Whitesville Road, to reduce the side yard setback requirement from 25 ft to 5
ft for a freestanding carport. The property is zoned RE1.
Mr. Newsome stated that the structure was already built before he began working
for Action. The problem is that there is no other area for the structure
without removing more trees. He presented a petition from the neighbors in
support of the structure and the location.
There was no opposition present for this appeal.
Mr. King made a motion to grant this appeal. Mr. Borom seconded the motion.
Motion carried unanimously.
CASE NO. 07-V097--GRANTED
Chris Eagle of Keystone Builders, Inc., 1531 Magnolia Way, to reduce the side
corner setback requirement from 20 ft to 16.95 ft to erect a single-family
residence. The property is zoned SFR4.
Mr. Eagle stated that he desires to put the model home on this lot for this new
subdivision. It backs up to a detention pond, which makes it the least
desirable home. The easement prevents him from having the setbacks that are
required.
There was no opposition present for this appeal.
Mr. Wade made a motion to grant this appeal. Mr. Borom seconded the motion.
Motion carried unanimously.
Mr. Wade made a motion to excuse Mr. Lewis from the meeting due to personal
illness. Mr. Borom seconded the motion. Motion carried unanimously.
There being no further business to come before the Board, the meeting adjourned
at 2:57 p.m.
____________________ __________________
Billy Edwards Bill Duck
Chairperson Secretary
_____________________ __________________
Ralph King Danny Cargill
Vice Chairperson Acting Secretary
Attachments
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