BOARD OF ZONING APPEALS
REGULAR MEETING - 2:00 P.M. ? JUNE 5, 2006
The Regular Meeting of the Board of Zoning Appeals was held Wednesday, June 5,
2006 at 2:00 P.M., on the 1st Floor of the Government Center Annex in the
conference room, 420-10th Street. Mr. David Fox, Chairman, called the meeting
to order. The board members present were:
Mr. Billy Edwards
Mr. Ralph King
Mr. Perry Borom
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-V60?-Granted:
Milton P. Anthony, Lot 15 Journey Way, presented the appeal for a variance to
reduce the minimum lot width from 125 ft to 30 ft at the building line. The
property is zoned RE1.
Mr. Anthony stated that the reason he wants to reduce the lot width is because
the property belongs to his mother and he is trying to get a lot to build a
home and at this time, Kings Trail subdivision has not been extended so that
they could get a street address and begin construction. If at some time in the
future, when his mother sells her estate, her portion will be deeded back to
the city. His desire is to build and develop according to the stats of the
subdivision.
Mr. Fox stated for the record that his plats show a 60 ft easement for a future
road.
The Planning Division recommended approval.
There was no opposition presented to this appeal.
Mr. Edwards made a motion, due to it being an oddly situated lot and has
Planning?s approval, which was seconded by Mr. Borom, to grant this appeal.
Motion carried unanimously.
Case No. 06-V61 & 06-V62--Granted:
Gerald Saunders, of GB Builders, 1922 & 1924 Wells Drive, presented the appeal
for a variance to reduce the minimum lot width from 75 ft to 72 ft. The
property is zoned SFR2.
In his statement, Mr. Saunders said that he owns the lots, which are currently
vacant, and desires to take the two lots and split the width evenly to make
them 72 ft wide and allow him to build a home to fit in with the neighborhood.
The Planning Division recommended approval for the request.
There was no opposition presented to this appeal.
Mr. King made a motion, due to it keeping the same uniformity of the
neighborhood as well as an approval from Planning, which was seconded by Mr.
Lewis, to grant these appeals. Motion carried unanimously.
Case No. 06-V63--Denied:
William J. Davidson, 7685 Cartledge Road, presented the appeal for a variance
to reduce the minimum lot width from 125 ft to 25 ft.
The property is zoned RE1.
Mr. Davidson stated that he has 3.4 acres approximately and he has a client
that would like to purchase it and they would like to build a house for their
mother, who is ill, and another house for themselves. That is the reason for
the request for a replat so that he can accommodate them. The property is full
of trees and he wanted to have access from Cartledge Road to the rear parcel.
The sale of this property is contingent on the outcome of the variance.
The Planning Division recommended denial for this request.
Sam Worthington, legal representative for Robert and Diane Matthews, along with
Mrs. Matthews and Chuck McClure, came forth in opposition to the request. Mrs.
Matthews expressed that she has lived in the area for over 20 years and she
feels like the replat would decrease the value of the home as well as concern
regarding some environmental issues.
Mr. McClure stated that his concern is his property value will be decreased as
well because his property is in the rear of Mr. Davidson?s property and the
drainage would create a problem due to a low depression.
Mr. King made a motion to deny the appeal, based on the plan that was presented
and it being a flag lot along with the recommendation of denial by the Planning
Division, which was seconded by Mr. Borom. Motion carried unanimously.
Case No. 06-V64--Granted:
Leo Berard, the homeowner, 2935 Glenbrook Drive, presented the appeal for a
variance to reduce the rear setback requirement from 30 ft to 24.4 ft for an
addition. The property is zoned SFR2.
Mr. Berard stated that he requests the variance since he just had a fourth
child and needed to add another bedroom and play area. The brick on the
addition will match the existing brick on the house
There was no opposition presented to this appeal.
Mr. Lewis made a motion, based on the statement made before the board, which
was seconded by Mr. Edwards to grant this appeal. Mr. King made note that the
homeowner mentioned that the addition would match the existing house. Motion
carried unanimously.
Case No. 06-V65--Granted:
Ben Moon of George C. Woodruff Co., 8101 Blythe Street, presented the appeal
for a variance to reduce the required lot frontage on a public street from 75
ft to 60 ft. The property is zoned RO.
Mr. Moon stated that the frontage is at the end of Blythe Street. It will just
be an addition to Lullwater Apartments.
The Planning Division recommended approval to this request.
There was no opposition presented to this appeal.
Mr. Edwards made a motion, since it would clear up property lines for financing
and just being an addition to an existing apartment complex, which was seconded
by Mr. Lewis to grant this appeal. Motion carried unanimously.
Case No. 06-V66?-Granted:
Stacy Mote and Richard Stephens of Christ Community Church, 4078 Milgen Road,
presented the appeal for a variance for a minor land disturbance permit to
clean-up within the required 50 ft creek buffer, by installing a protective
fence at the 26 ft line from the bank of the creek, and re-landscape the area
of the buffer disturbed. No activity within 25 ft of the creek bank allowed.
Note: A landscape plan must be submitted prior to any land disturbance with the
50 ft creek buffer. The property is zoned LMI.
Ms. Mote with Consolidated Resources stated that this is a piece of property
that the church recently purchased. There is a pond on the site and it has
been drained. They would like to determine what the usable land would be and
clean up the area.
There was no opposition presented to this appeal.
Mr. Edwards made a motion, since the applicants have worked with the
Engineering Department and found the best way to facilitate it, which was
seconded by Mr. King, to grant this appeal. Motion carried unanimously.
Case No. 06-V67 & V68--Granted:
Rickey Biggers, Jr. of J.R. Homes, 545 Vista Drive, Lot 23 A &B, presented the
appeal for a variance to reduce the minimum lot width from 75 ft to 50 ft. The
property is zoned SFR2.
Mr. Biggers stated that he is requesting the variance to be divided so that he
would have two lots to build two single-family homes.
Mr. Frank Lawrence and Mr. Robert Walden came forth in opposition with 59
petitions signed by property owners supporting the opposition. He also stated
that a majority of the lots in the area are 100 ft by 200 ft, including the two
surrounding the lot requested.
Mr. Biggers addressed Mr. Lawrence and Mr. Walden?s complaints and assured them
that he met the requirements.
The Planning Division recommended approval for the request.
Mr. King made a motion to grant these appeals, stating that there are other 50
ft lots in the area and the house that he proposes to build would be an
improvement to the area and the Planning Division, which was seconded by Mr.
Edwards, also recommended it for approval. Mr. Lewis mentioned for the record
that there were two gentlemen that came forth in opposition along with
petitions signed by surrounding property owners. Mr. Edwards stated that in
his opinion it would add to the property value of the area. Motion carried
unanimously.
Case No. 06-V69 & V70--Granted:
Johnnie Senior and Steve Thorpe of J & S Construction, 6900 Forrest Road, Lot 2
A & B, presented the appeal for a variance to reduce the minimum lot width from
75 ft to 52.14 ft. The property is zoned SFR2.
Mr. Thorpe stated that this was a continuation from last month?s request, which
was denied. After meeting with the Planning Division, they made the
recommended changes. When asked about the drainage, he mentioned that all the
water from the street would basically roll to the rear of the property.
The Planning Division recommended approval for this request.
There was no opposition presented to this appeal.
Mr. Edwards made a motion to grant these appeals, due the fact that they did
have Planning?s approval and there are other flag lots in the area, which was
seconded by Mr. Lewis. Motion carried unanimously.
Mr. Edwards made a motion to accept the minutes of the regular meeting of May
3, 2006 for approval as written, which was seconded by Mr. Lewis. Motion
carried unanimously.
There being no further business to come before the Board, the meeting adjourned
at 3:22 p.m.
____________________ __________________
David E. Fox Bill Duck
Chairperson Secretary
_____________________ __________________
Billy Edwards Danny Cargill
Vice Chairperson Acting Secretary
Attachments
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