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HomeMy WebLinkAboutBoard of Zoning Appeals Minutes August 15, 2011 BOARD OF ZONING APPEALS MINUTES August 15, 2011 The Board of Zoning Appeals met in regular session on Monday, August 15, 2011 in room 802 Municipal Building. Members present: Mr. Dent - Chairman, Mr. Paschal, Mr. Sims, Ms. Davis, Vice- Chairman, Mr. Solum, Mr. Dickinson, Mr. Oliver, Ms. Chivers, and Mr. Dukes, Mr. Jones and Mr. Mitchell Also present: Bob Austin, Zoning Administrator; Lois Schmidt, Secretary; Wayne Brown, City Attorney; George Patty, Executive Director; and Pam Costible, Zoning Enforcement Absent: Mr. Booker A MOTION was made by Mr. Dickinson that the Board go into a closed legal session at 2:15 P.M.; seconded by Mr. Oliver. MOTION carried. After discussion a MOTION was made by Mr. Dickinson that the petition by Alex Hazuda that was denied at the June meeting be reheard; seconded by Mr. Oliver. MOTION carried by a unanimous vote of all present. A MOTION was made by Mr. Dickinson that the Board end the closed legal session at 2:46 P.M.; seconded by Mr. Oliver. MOTION carried. Chairman Dent called the meeting to order at 2:46 P. M. 1.Minutes from July 18, 2011 A MOTION was made by Mr. Solum that the minutes for July 18, 2010 be APPROVED; seconded by Mr. Oliver. MOTION carried unanimously. 2.Egan Goetz– Section 33-5 (b) – Manufactured Home Hardship renewal – 2268 Plantation Road - Tax Map 180-0-081-00-0 Zoned R-MH (Manufactured Home Residential) Staff stated that Mr. Goetz intends to construct a closed breezeway between the 2 residences thereby negating the need for the hardship renewal. Staff is allowing him 90 days to complete the plans and have them approved by the License and Inspection Dept. and to pull a permit and begin construction. If these terms are not met Mr. Goetz will file for the hardship renewal at that time. There were no concerned citizens present. A MOTION was made by Ms. Davis that Mr. Goetz be given a 90 day extension or until the November hearing; seconded by Mr. Dickinson. MOTION carried. 3. Wilbur Ward – Section 33-5 (b) – Manufactured Home Hardship renewal – 1368 Hephzibah McBean Road - Tax Map 336-0-005-05-0 Zoned A (Agriculture) Staff stated all the paperwork was in order. There were no concerned citizens present. A MOTION was made by Mr. Dickinson that the hardship be renewed; seconded by Mr. Sims. MOTION carried. 4. Sandy Gibson – Section 9-1 – requesting a variance for a new carport addition in the rear yard of 1918 Elizabeth Drive that would put the total accessory structure floor area at approximately 2,047 square feet where this lot is limited to 745 square foot of area. Tax Map 133-1-047-00-0 Zoned R-1A (One-family Residential) Ms. Sandy Gibson, 1918 Elizabeth Drive, was present on behalf of the petition. Ms. Gibson stated that they wish to construct an additional accessory structure to store a boat, replace a picnic cover that was damaged by a storm, and place an open carport over the existing concrete driveway. She presented pictures of the style of buildings proposed. Chairman Dent confirmed ownership. There were no concerned citizens present. Ms. Davis asked if they were keeping the other accessory structure. Ms. Gibson said yes the new one will placed next to the existing one along the back property line. Ms. Chivers asked if the property is fences. Ms. Gibson said yes. Ms. Davis asked if any neighbors had expressed concerns. Ms. Gibson said no. Chairman Dent commented that the lot appeared to be heavily treed provided a shield for these buildings. Ms. Gibson agreed. A MOTION was made by Mr. Mitchell to APPROVE the request as presented; seconded by Mr. Solum. MOTION carried. 5. John Gamble Jr. – Section 9-1 – requesting a variance for a front porch addition at 2406 Dickey Road that would be located approximately 15 feet from the right-of-way where 30 feet is required. Tax Map 085-1-222-00-0 Zoned R-1A (One-family Residential) Mr. John Gamble Jr., 2406 Dickey Road, was present on behalf of the petition. Mr. Gamble explained that this was family property and in later years his grandmother had let routine maintenance slide. In trying to provide some “curb appeal” he discovered wood rot and other damage that needed to be addresses. He also wants to construct a hip roofed front porch with a wood spindle railing. Chairman Dent confirmed ownership. Chairman Dent asked if any neighbors had expressed concerns. Mr. Gamble said no and the project is underway so neighbors are aware of work being done. Ms. Davis asked if the neighboring homes are occupied. Mr. Gamble said yes. Mr. Oliver asked if the work was being properly inspected. Mr. Gamble said yes, he was working with Jack Westbrook of License and Inspection. A MOTION was made by Ms. Davis that the variance be APPROVED as presented; seconded by Mr. Sims. 6. Christopher Murphy – Section 8-4(e) – requesting to add a 400 square foot carport in the rear yard of 2479 McDowell Street adding to the 887 square feet of existing accessory structure area where this lot is limited to 457 square feet of area. Tax Map 044-1-022-00-0 Zoned R-1 (One- family Residential) Mr. Christopher Murphy, 2479 McDowell Street was present on behalf of the petition. Mr. Murphy stated that he wants to build a carport in the rear yard and to redo his current crumbling driveway. Both projects were approved by the HPC at the July meeting. He presented a detailed site plan. Chairman Dent confirmed ownership. There were no concerned citizens present. A MOTION was made by Mr. Oliver that the variance be APPROVED; seconded by Mr. Mitchell. MOTION carried. 7. Kemberly Younts – Section 26-1 (H) - ) requesting a reduction of the distance between semi- institutional uses of residential homes from 1,200 feet to approximately 900 for a proposed family personal care home located at1947 Harrison Drive. Tax Map 071-3-169-00-0 Zoned R- 1A (One-family Residential) Ms. Kemberly Younts, 3914 Casa Rosa Ave, Martinez, Georgia was present on behalf of the petition. Chairman Dent confirmed ownership. Ms. Younts stated that she represented Mr. Solomon who owns the property and the Ms. Smiley would like to purchase the property for use as a family personal care home. An operating family personal care home is located only 900 feet from this residence as the crow flies but if you were to travel by surface streets it is almost one mile. The two homes are not served by connecting streets and there are many geographical and structural barriers between the two. Ms. Younts also presented a petition and signed letters of support from the residents of Harrison Drive. Ms. Smiley will be an owner/operator of the family personal care home and will serve 4 clients. There were no concerned citizens present. Mr. Austin explained that while spacing is the only issue before the BZA the zoning will still need to be addressed by the Planning Commission. A MOTION was made by Mr. Paschal that the variance be APPROVED; seconded by Mr. Oliver. MOTION carried. 8. Marvin Adcox - Sec. 8-4(f) requesting a variance for a separate electrical service for an existing accessory structure at1804 Harcourt Drive. Tax Map 213-0-118-00-0 Zoned R-1 (One- family Residential) Mr. Marvin Adcox, 1804 Harcourt Drive was present on behalf of the petition. Mr. Adcox stated that he wants to add electric service to his existing 20 x 30 garage. The house’s service is full and to change that out to enable the garage to be added would cost more than simply adding a separate service to the garage. Chairman Dent confirmed ownership. There were no concerned citizens present. Mr. Oliver asked if any neighbors had objected. Mr. Adcox said no. A MOTION was made by Mr. Mitchell that the variance be APPROVED; seconded by Mr. Oliver. Mr. Sims confirmed that the garage is not a second living unit. Mr. Adcox said no just used for the family vehicles and storage. Chairman Dent called the question. MOTION carried. 9. Southern Siding, on behalf of Frankie Riley – Section 8-4 requesting a variance for a 360 square foot accessory structure addition in the rear yard of 1725 Meadow Street where the area threshold for this lot is limited to 174 square feet. Tax Map 058-4-498-00-0 Zoned R-3C (Multiple-family Residential) Mr. Johnny Crews, Southern Siding, Bobby Jones Expressway, Augusta was present on behalf of the petition. Mr. Crews verified he was representing Ms. Frankie Riley the owner of the property. Ms. Riley wants to add a carport to the rear yard. Mr. Austin stated that a letter of objection from the owner of 1729 Meadow Street had been received by staff today and entered that letter into the record. Mr. Austin explained that Ms. Riley owns an adjacent lot and that he had originally suggested that she combine the two lots thereby negating the need for the variance. Ms. Riley chose the variance option instead but could still combine the properties and build the structure legally and the neighbor’s objection would be moot. She would forfeit the right to build a home on the adjacent property in the future. Mr. Crews presented a picture of the proposed site and explained that when cleaned up and the new structure is built it will be an improvement over what is there now. Mr. Mitchell asked if the petitioner would be willing to postpone the petition until next month and attempt to resolve the issue with the objecting neighbor or to further investigate the idea of combining her two lots. Mr. Crews agreed. A MOTION was made by Mr. Mitchell to postpone the petition until the September 19, 2011 meeting; seconded by Ms. Davis. MOTION carried. OLD BUSINESS: Mr. Austin explained to the Board that a letter had been received from Pete Alewine, of Pete Alewine Pools, regarding the fence at 2506 Henry Street owned by Dr. Sam Mietling. The Board heard a request for a pool and a fence height issue earlier this year. It was decided that the fence would be lowered to meet the 6 foot height allowance after 2 of the most affected neighbors objected. Mr. Alewine wanted the Board to know that the fence height was altered by adding a large cap and now is almost 7 feet in height but that Mr. Alewine’s firm did not do the work. The objecting neighbors are not happy and have written letters of objection as well. The Staff has directed License and Inspection code officers to cite Dr. Mietling and require that the fence be reduced to the allowed 6 feet or that he return for another variance and see if he can get the additional height approved. Mr. Dickinson asked if the owner would have to wait one year to resubmit as is the practice. Mr. Austin said since this would be a plan modification it would be ok. Attorney Brown said it would be up to the property owner to prove to the Board and Staff that the plan has changed sufficiently to be considered a new or modified plan allowing it to be reheard before the one year time period. The Board concurred. MEETING ADJOURNED.