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01 MAY 30 A G E N D A BOARD OF ADJUSTMENT MAY 30, 2001 - 5:15 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Board of Adjustment Meeting May 14, 2001 1-4 3. VARIANCE REQUEST(S): a. Front Yard Setback Variance 2107 Steeple Chase Drive Petitioner: Diamond Homes 5-8 b. Front Yard Setback Variance 909 Brewer Street Petitioner: Leon L. Simen 9-13 c. Variance from R-7 Requirement 1201 Lemac Drive Petitioner: Leroy Akridge (Plat included in packet) 14- 16 ADJOURNMENT 1 MINUTES: BOARD OF ADJUSTMENT SPECIAL MEETING DATE AND TIME: May 30, 2001/ 5:15 p.m.- 6:00 p.m. ATTENDANCE: Chairman Mark Perry, Commissioners: John Hardwick, Bobby Lester and Martha Boyd City Engineer Whisker _______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Perry declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Boyd moved, seconded by Commissioner Hardwick to approve the minutes of the regular Board of Adjustment meeting of May 14, 2001 as presented. MOTION CARRIED. VARIANCE(S) REQUESTED: a. Front Yard Setback Variance/2107 Steeple Chase Drive Chairman Perry opened the public hearing at approximately 5:16 p.m. Petitioner Terry Coffman with Diamond Homes stated that they are requesting a 1-½ feet variance beyond front building setback line for a front porch at 2107 Steeple Chase. He related that taking into consideration for the setback he pointed out that due to curve of the street and the homes on either side the request will not deter from the view of the neighbors on either side. He stated that it is being considered because of aesthetics. He explained that from the front porch as requested both corners of the adjacent homes would be visible. He stated that the request would accommodate a 6-foot deep porch. He related that a 4-foot porch with consideration for 12” columns the porch would only have 3 feet of clearance space. With no one to speak in opposition, Chairman Perry closed the public hearing at approximately 5:17 p.m. Chairman Perry noted that the item was before the Board May 14, 2001. Discussion ensued regarding validity of the Bill of Assurance if granted. City Engineer Whisker and City Clerk Davitt were not aware of provision for the Foxwood Bill of Assurance. City Engineer Whisker clarified that he was not sure the Bill of Assurance would address building setback lines since it is established in City Code. Commissioner Hardwick further clarified that he received information stating that if the City grants the variance it is not the same as a 2 violation of the Bill of Assurance. He stated that it becomes a problem if the neighbors’ object, but a City variance does not damage the Bill of Assurance. Commissioner Lester stated that based on the information it seems this would enhance the look of the home and the neighborhood. BOARD OF ADJUSTMENT May 30, 2001 continued: Commissioner Lester moved, seconded by Commissioner Boyd to approve a 1-½ feet front yard setback variance for the construction of a front porch at 2107 Steeple Chase. MOTION CARRIED. b. FRONT YARD SETBACK VARIANCE 909 BREWER STREET/CARPORT EXTENSION Chairman Perry opened the public hearing at approximately 5:22 p.m. Mr. Leon Simen of 909 Brewer related that he is requesting an 18-foot variance to accommodate a 24 X 20 Foot carport extension. He related that he no longer wants to leave his vehicle out in the weather. In response to a comment from Chairman Perry, Mr. Simen stated that the extension would carry the same aesthetics featured on the home. He stated that it would not affect City utilities or the easements. With no one to speak in opposition, Chairman Perry closed the public hearing at approximately 5:28 p.m. Commissioner Hardwick stated that he viewed the neighborhood and notice one other property with the same type of carport extension, which he felt detracted from the neighborhood appearance. He expressed that 18-feet is a large amount to variance. In response to a question from Commissioner Hardwick, City Engineer Whisker related that he was not aware of a variance granted for the existing carport extension in the neighborhood. He related he could review. City Clerk Davitt related the most recent variance granted for a carport extension involved health issues. Mr. Simen stated that his neighbor did not have health issues at the time of the construction of the carport extension, adding that he believed the one constructed for health reasons is located in the 400 block of the area. He related that there are at least 5 houses in the area with setback waivers or violations of this type. In response to a question posed by Chairman Perry, Mr. Simen related that the carport would attach to his home and would not be free standing. Commissioner Hardwick moved to deny the request for a front yard setback variance. MOTION DIED FOR LACK OF A SECOND. 3 City Clerk Davitt was instructed to prepare data regarding other requests of this nature for further consideration. Commissioner Hardwick moved, seconded by Commissioner Lester to table the request pending further information regarding the number of variances in the neighborhood regarding compliance. Chairman Perry noted that the public hearing would be continued June 11, 2001. BOARD OF ADJUSTMENT May 30, 2001 continued: c. VARIANCE FORM R-7 REQUIREMENTS 1201 LEMAC DRIVE Chairman Perry opened the public hearing at approximately 5:30 p.m. Mr. Leroy Akridge of 1421 Southeastern stated that he had the property previously rezoned to R-4. He is now proposing to place four mobile homes on the property. He stated that the property consists of 0.97 acres. He stated that he had it rezoned for that purpose. He related that the City Council had requested that the former City Engineer work with Mr. Akridge regarding density of development. He stated that he began the work in 1999 when it was approved. He related that prior to utilities being placed underground the former City Engineer retired so he came to speak with the new City Engineer before placing the mobile homes. He stated that the new City Engineer did not see any difficulty with the development and related other requirements. Mr. Akridge stated that he agreed to comply with those request. He stated that he has now invested slightly over $15,000 and has one mobile home on site. He then related that the was asked by City Engineer Whisker to hold on further progress until a variance hearing could be held. He related the requirement of 3 acres regarding the new R-7 requirements. He related that the owner of the 6-acre adjacent trailer park as offered to buy the property as an inclusion to the existing park. He had refused and had the property rezoned in 1999. He stated that he would like to proceed with the variance rather than sell the property. He related that the adjacent trailer park could move forward with the placement of trailers because of his total acreage. He stated that he is asking for the variance because he needs the development and because of the money already invested. Chairman Perry invited those who would like to speak in favor of the request. Mr. James R. Hill of 1425 Southeastern stated that while he understands some people do not like trailers next to their homes, Mr. Akridge is a responsible landlord. He stated that he lived 30 years next to the trailer park that Mr. Akridge managed and annoyances were kept to a minimum. He stated that he addressed any problems. He stated that if Mr. Akridge is not permitted to develop, Mr. Akridge would be forced to sell to the adjacent trailer park owner who would put seven trailers on the lot which is approved by ordinance. 4 Mr. Johnny Bradley of 1329 Southeastern a resident for 27 years stated that Mr. Akridge is his neighbor and is speaking on his behalf. He stated that Mr. Akridge does run a “ship shape” trailer park, adding that Mr. Akridge does not put up with a lot of the nonsense that exists in a lot of the trailer parks that are mis-managed or managed on their own. He stated that he knows it will be presentable and can not be considered much of a trailer park with only four trailer. He stated that he has no objection as an area property owner. Mr. Sammy Crook of 1513 Stanphill approximately 550 feet from the proposed development and does not oppose the request. BOARD OF ADJUSTMENT May 30, 2001 continued: Mr. Harold Crook of 1214 Military Road directly across the street from the proposed development. He stated that he can attest that Mr. Akridge does keep a nice neat orderly property. He stated that all property owned by Mr. Akridge is well kept. He noted that it is better to have four trailers with one man being responsible for the upkeep you are better off than if there are four people being responsible individually. Michael a resident of 1310 Southeastern stated that he has known Mr. Akridge for 15-years and rented from him that long. He stated that Mr. Akridge was one of the best landlords he had ever rented from. He stated that Mr. Akridge kept a clean, tight property. He related that that is one reason he rented from Mr. Akridge for as long as he did, adding that it was a good place for the children. He concluded saying that he has no objection to the request. Chairman Perry invited opposition to speak. Mr. Rick Hollingshead of 1224 Stanphill stated that Mr. Akridge has taken care of his trailer park, adding that he is sure he would also take care of the proposed development. He related that the problem now in the neighborhood is break-ins. He related one resident had someone climb through their window at 2:30 a.m. He stated that when the road was developed it was done so with HUD, adding that he would like to see HUD build HUD housing rather than mobile homes. He stated further concerns for criminal activity since Mr. Akridge sold the adjacent trailer park. He related other interest by residents who wanted to oppose are attending church. Mrs. Anna Bernard stated that she lives down the street from the proposed development and has been there 45 years next to the trailer park. She stated that since Mr. Akridge sold the trailer park she has fears regarding the rear of her property. Mr. Art Decantaur of 1319 Liberty Drive stated that he objects to a trailer park next to the $60,000 homes. 5 Mrs. Gabriel Harrison of 1315 Liberty Drive stated that she rents the house, adding that her house is the one that was broken into in the middle of the night while she was sleeping. She stated that she has seen more “riff raff” in the neighborhood in the past four months and she is afraid. She stated that she is opposed to trailers that close to her house. Mrs. Norma Hollingshead of 1509 Stanphill stated that she lives alone and there are woods behind her home. She related that every night her dogs bark because someone is in the woods, adding that she has had to call the police several times. She stated that people roam the streets at night, adding that she is against the trailer park. She stated that in five years this development will look like the rest of the existing trailer park. BOARD OF ADJUSTMENT May 30, 2001 continued: Mr. Harold Crook 1214 Military Road related that his home was broken into by four men with shotguns during the day time. He stated that the four who broke in lived in homes not a trailer park or mobile home. He stated that it cannot be said that because a person lives in a mobile home they are a criminal. Chairman Perry closed the public hearing at approximately 5:45 p.m. In response to a question posed by Commissioner Hardwick, City Engineer Whisker stated that the property is zoned for a mobile home park, adding that property across the street is zoned for a mobile home subdivision. Commissioner Hardwick then questioned if the density of four mobile homes would be equivalent to that of a mobile home subdivision. City Engineer Whisker responded that it would be half of a mobile home subdivision. Commissioner Hardwick noted that the development would be much less intrusive than a mobile home subdivision. He then clarified that the owner of the existing mobile home park would not require a variance and could place as many as seven mobile home parks without having to come before the Planning Commission. City Engineer Whisker concurred, adding that he could actually place as many as eight. Commissioner Hardwick addressed those in opposition to the development saying that he can understand their concerns, but the fact is that the property has a land use and zoning for manufactured housing and if the proposal is granted they can limit the number of homes to four. He stated that four mobile homes would be less dense than if denied and the property were sold. Commissioner Hardwick moved, seconded by Commissioner Boyd to approve a 6 variance from R-7 requirements, adding that the variance state there are to be no more than four mobile homes located on the property at 1201 Lemac Drive and that they be underpinned, meeting all requirements of the mobile home overlay district. MOTION CARRIED. Commissioner Lester stated that he can understand concerns from the opposition, but it seems to be a choice between a bad cold or the whopping cough. He stated that the proposal is better than if sold and it becomes a part of the existing trailer park with eight mobile homes. ADJOURNMENT: Without objection Chairman Perry adjourned the meeting at approximately 6:00 p.m. MOTION CARRIED. Respectfully, _________________________ _____________________________ Susan L. Davitt Mark Perry CITY CLERK - TREASURER CHAIRMAN 7