05 NOV 14
A G E N D A
BOARD OF ADJUSTMENT
NOVEMBER 14, 2005 - 6:30 P.M.
CITY HALL CONFERENCE ROOM
1. CALL TO ORDER:
2. APPROVAL AND/OR
CORRECTION OF MINUTES: Regular Scheduled Meeting
September 12, 2005 1-5
3. VARIANCE REQUEST(S):
a. Front Yard Setback Variance
#19 Georgeann Drive
Petitioner: Linda Batiste 6-7
b Sign Variance
vacant lot adjacent to
1017 Ray Road
Petitioner: Mt. Pisgah Baptist Church 8-10
c. Side Yard Setback Variance
213 South Redmond Road
Petitioner: Preston Robinson 11
(plat included in packet)
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: November 14, 2005 6:30 p.m. – 7:10 p.m.
ATTENDANCE: Commissioners: Mike Traylor, Bart Gray, Jr.
and Mark Perry
Chairman Keaton, and City Engineer Whisker
_________________________________________________________________
City Clerk Susan Davitt recorded those listed above in attendance and Chairman Keaton declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Perry moved, seconded by Commissioner Traylor to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of September 12, 2005 as amended. MOTION CARRIED.
VARIANCE(S): a. Front Yard Setback Variance #19 Georgeann Drive
Chairman Keaton opened the public hearing at approximately 6:34 p.m.
Mrs. Linda Batiste stated that she is proposing to construct a garage on the north side of her property to remedy a lack of storage space. She related that the 18’ X 20’ addition would
also accommodate space for her washer and dryer. She then explained that when the corner lot house was built, it was built facing the wrong street. She explained that the front of
her house faces Park Street instead of Georgeann even though the property is addressed off Georgeann.
City Engineer Whisker clarified that Mrs. Batiste is requesting to cross over the 35’ build line to the north on Georgeann Circle. He then requested that the petitioner move the fence
on the north end of the property from the back of curb to the property line regarding safety reasons.
Mrs. Batiste noted that the fence was in its exiting location when she purchased the home, but added that she would be amenable to relocating the fence.
In response to a question from Commissioner Perry, Mrs. Batiste answered that the addition would serve as a garage and a small storage area. She then answered that the current driveway
would slant off to provide entrance into the new garage and that the exterior of the addition would match the exiting home. She explained that the addition on the north side would
allow easy entrance into the home without having to go outside the gated area. She expressed her hardship regarding the house being turned the wrong way.
Discussion ensued regarding a previous addition of a 12’ X 16’ bedroom to the south side of the house and the footage regarding that variance request.
Mrs. Batiste related that she was informed by City Engineer Whisker that she could build behind the home up to five feet from the property line.
City Engineer Whisker stated that the variance would be for 20’ regarding the 35’ build line.
Commissioner Gray stated that after viewing the property he did not believe the addition would cause any site problems.
BOARD OF ADJUSTMENT REGULAR MEETING
November 14, 2005
City Engineer Whisker added that the new construction would be in line with a 15’ build line regarding surrounding construction and would not protrude farther out than the exiting fence
located at the property line.
Commissioner Gray moved, seconded by Commissioner Perry to grant a variance for the construction of an 18’ X 20’ garage addition at #19 Georgeann. MOTION CARRIED.
Chairman Keaton closed the public hearing at approximately 6:46 p.m.
b. Sign Variance vacant lot adjacent to 1017 Ray Road
Chairman Keaton opened the public hearing at approximately 6:46 p.m.
Pastor Craig Collier of the Mt. Pisgah Baptist Church related that the request is for a lighted 4’ X 8’ sign to be mounted to a 9’ pole. He pointed out that the vacant lot on the corner
of Ray Road and Church Street belongs to the Church.
City Engineer Whisker explained that the Church is located in a residentially zoned area instead of commercial and would require a variance to install signage that exceeds the allowance
regarding residential signage. He then noted that there is commercial property attached to the Church. He clarified that the sign is being proposed for the Northeast corner of the
intersection at Ray Road and Church Street.
In response to a question from Commissioner Gray, Pastor Collier explained that the Church has recently purchased the property and is in the process of renovating the duplexes to serve
as a media center for the Church, adding that the Church would like to identify all the property as Church property. He stated that the sign would serve as a draw and witnessing tool
for the Church. He then confirmed that the sign would have a reader board to advertise Church events.
Discussion ensued regarding the consequences for granting the variance and the intent of the sign ordinance as amended two years previously.
Commissioner Gray moved, seconded by Commissioner Traylor to grant a sign variance for a vacant lot adjacent to 1017 Ray Road for Mt. Pisgah Baptist Church. MOTION CARRIED.
Chairman Keaton closed the public hearing at approximately 6:55 p.m.
c. Side Yard Setback Variance 213 South Redmond Road
Chairman Keaton opened the public hearing at approximately 6:55 p.m.
Mr. Preston Robinson explained that he owns the storage facility adjacent to the proposed property, noting that the property for development is part of a Brownfield cleanup site. He
explained his plans to continue development of the existing storage facilities and the shifting of one entrance into the current property to accommodate a better flow from Redmond Road.
He related that he had spoken with Fire Marshall Pope, who did not have a problem with the proposed plans, asking only that the entrance gate
BOARD OF ADJUSTMENT REGULAR MEETING
November 14, 2005
remain for Fire Department access. He demonstrated location of fire hydrants on the property and then answered that the property would be cleared regarding a 60’ X 20’ building and
new construction is being proposed.
Discussion ensued and it was noted that the entire property consists of several lots and the variance would apply for both sides of the requested lot. Mr. Robinson confirmed that the
property consisted of lots 6, 7, 8, and 9.
Commissioner Gray pointed out that generally there is a fireproof exterior wall regarding zero lot line buildings. Mr. Robinson answered that the Fire Marshall did not speak to him regarding
requirements for a firewall.
City Engineer Whisker answered that the zoning is M-2.
Discussion ensued regarding possible future sale of the property and Mr. Robinson answered that Mr. Jim McKay owns the adjacent property to the east. He then answered that the construction
would be metal.
Discussion ensued regarding the possibility of replatting the lots regarding future sale of the property. Mr. Robinson stated that he has no plans to sell the property. He then answered
that it is not his intention to have the warehouses heated or cooled.
Commissioner Gray raised concerns regarding fire containment for the north end of the development.
City Engineer Whisker explained that a 2-hour firebreak is generally required in duplexes. He noted that the firebreak extends to the roofline.
Commissioner Perry pointed out that the protection would only require a different grade of metal for the rear wall.
Mr. Robinson noted that the development would not have electricity or gas.
Commissioner Perry noted the possibility of flammable material being stored.
Mr. Robinson reiterated that the Fire Marshall did not foresee a problem regarding the proposed development of the facility.
Commissioner Gray noted that while a side yard variance of some dimension is not uncommon, it is seldom that the Board has approved a variance to zero lot line. He restated his concerns
regarding a firewall.
Mr. Robinson noted that if he pulled the development off the lot line it would become a strip of un-maintained property.
Commissioner Perry noted that during the construction process the City Inspectors would enforce the fire Code.
Commissioner Gray stated that he did not have any objections regarding the BOARD OF ADJUSTMENT REGULAR MEETING
November 14, 2005
development but mentioned concerns for setting a precedence, which he added that he did not feel would apply to a mini warehouse since it is not habitable.
Discussion ensued regarding the ramifications of replatting the property and the traffic flow utilizing the new entrance.
Commissioner Gray moved, seconded by Commissioner Perry to approve the side yard setback variance at 213 South Redmond Road as requested. MOTION CARRIED.
Chairman Keaton closed the public hearing at approximately 7:10 p.m.
ADJOURNMENT:
Without objection, Chairman Keaton adjourned the meeting at approximately 7:10 p.m. MOTION CARRIED.
Respectfully,
___________________________ _____________________________
Susan L. Davitt CHAIRMAN Glen Keaton
CITY CLERK - TREASURER