CRISP COUNTY ZONING BOARD OF APPEALS
November 21, 2006
The Crisp County Zoning Board of Appeals met at a regular meeting on the 21st day of November, at 9:00 a.m. in the Crisp County Courthouse.
The following members were present: Emmett Walker, J.C. Clark and, Mark Brubaker. Absent was member Bob McCadams and Frank Lott. Also present, Connie Sangster, Secretary & Planning Director & Jimmy Mumphery, County Building Inspector.
Also present was the following visitors: Ida Pheil, Gary Pheil and Amy Bryant.
VOTE: Motion made by Mark Brubaker, seconded by J.C. Clark to approve the Minutes of the called meeting of October 12, 2006. Carried unanimously 3-0.
Request from Gary Pheil (with the property owners authorization) for a variance to locate a structure on a parcel of property that does not have public street frontage. Subject property zoned RR (Rural Residential) and being located at 362 Simmons Dairy Road.
Chairman Emmett Walker called the hearing to order. Mr. Walker read aloud the criteria in which a variance request is handled. Mr. Pheil was present and spoke on his own behalf. Mr. Pheil stated that he wanted to build a house at that location and there has been a house or mobile home on the property since the '20's, there also is a well and septic tank on the property. Mr. Pheil stated that if he comes in from Simmons Dairy Road he has to cross Ms. Joyce Adams' place. Mr. Pheil stated he had contacted Ms. Adams and she was suppose to send permission for an easement, but he had called Ms. Sangster and she had not received anything from Ms. Adams, and he had not been able to get back in touch with her. Mr. Walker stated that without road frontage he would need a 25' foot easement deeded to that property to use that, and it is his understanding that you have to have that in order to get a loan on the property. Mr. Pheil stated that after he found out about the requirements for the road frontage he went back and talked to the bank they stated they would not have any problems with the loan as long as they could get a permit to build. Mr. Pheil stated that there is another road (field road) that comes into the property from Mathis Road. Mr. Walker stated that it has to be a passable road for emergency vehicles to be able to get in and out, and also when you build in a place like that and you don't have a deeded right-of-way to be able to get in and out then at some times you don't own that house and other people move there, it could create problems where they could not get to their house, and to have everything good for both people, the land owner and yourself, you need to have a 25' deeded easement into that property. Mr. Pheil stated that if he came in from his mother's property off of Mathis Road it would not be a problem. Mr. Brubaker asked Mr. Pheil who owns the property he wants to build his house on. Mr. Pheil replied that his mother does, and one day it will be deeded to him. Mr. Clark asked Mr. Pheil if he entered the property from his mothers' side would he still have a problem? Mr. Pheil replied that would not be a problem coming through from his mother's property. Mr. Pheil stated they have a field road coming through there. Mr. Brubaker asked if Ms. Adams lived anywhere around here. Mr. Pheil replied that she lives in Cartersville. Mr. Walker stated that without a recorded easement from Ms. Adams property they could not approve this request. Ms. Sangster advised the board that there was someone here to speak on behalf of Ms. Adams. Amy Bryant (attorney with Rainwater and Harpe) stated that she was here on behalf of Ms. Adams, and she wanted her to advise the board that she does not want her property to be used as an access to the Pheil property. At this time, Mr. Walker asked if there were other questions or phone calls on the request. Ms. Sangster stated that Ms. Lewis (adjacent property owner) called and asked what the variance was about. She stated that she did not have a problem with the request. Mr. Walker asked if there were further comments. There were none. Mr. Walker stated that this concluded the public hearing portion of the meeting and now they would go into discussion and vote.
After discussion, the chairman asked for a motion.
VOTE: A motion was made by Mark Brubaker, seconded by J.C. Clark to table the request to locate a structure on a parcel of property that does not have public street frontage. It was the consensus of the board to give Mr. Pheil an opportunity to obtain a recorded easement from Ms. Adams. Carried 3-0.