CRISP COUNTY ZONING BOARD OF APPEALS
July 17, 2007
The Crisp County Zoning Board of Appeals met at a regular meeting on the 17th day of June, at 9:00 a.m. in the Crisp County Courthouse.
The following members were present: Emmett Walker, J.C. Clark, Frank Lott, Bob McCadams and Mark Brubaker. Also present, Connie Sangster, Secretary & Planning Director & Jimmy Mumphery, County Building Inspector.
Also present was the following visitors: Carden Summers.
VOTE: Motion made by Bob McCadams, seconded by J.C. Clark to approve the Minutes of the June 19, 2007 meeting. Carried unanimously.
Request from Carden Summers for a variance to reduce the required 50' front yard setback to 1' for the purpose of constructing a 150x40 (6000 sq. ft) metal building for the storage of farm equipment. Property located on Midway Church Road and being zoned RR (Rural Residential).
Chairman Emmett Walker called the hearing to order. Mr. Walker read aloud the criteria in which variance requests are handled. Mr. Summers was present and spoke on his own behalf. Mr. Summers stated that on Midway Church Road, an area where he keeps equipment on the farm and what he wants to do is build a 40' building wide by 100' long and lay in line with the existing fence there, within 6". Mr. Summers stated that according to the road and the documents that he has, there is a 40' ROW. Mr. Summers stated that the building is going to sit at an angle with the road, that way he can get a lots more equipment under the shelter. He stated the front (northeast) corner of the building is where the 1' setback is and the back (northwest) corner of the building will actually be a lot further off from the setback line than the front, because it sits at an angle and that way he won't have so much to clean up. Mr. Summers stated that that is nobody else there but them, and it's their land that already has 2 other storage buildings there. Mr. Walker stated that he knew since that existing building was built right up there on the ROW everything has changed and that building is "grandfathered in". Mr. Summers stated that it was built before the ROW was deeded and the existing building is probably inside the ROW. Mr. Summers stated that he thought when his Daddy gave the ROW it was 30', but according to the records Connie found it is an 80' total ROW. Mr. Walker asked Mr. Summers just how close he was from the 40' ROW where it ends to the corner of where you want to put the building. Mr. Summers replied roughly 41 to 42' from the centerline, which makes one corner, 1' from the line and the other, corner approximately 12-15' from the line, which is the back northwest corner. Mr. Walker asked Mr. Summers who owned the adjacent property on the northeast corner (side property line). Mr. Summers stated it belonged to the Dorough Estate, which is approximately 200' from his line. Mr. Walker stated that he was trying to look at something to get him off of that road and he felt like 1' was too close. Mr. Summers stated that if he didn't get the 1' he was going to have to set the building back so far that he wouldn't be able to have enough room to back the big rigs in and out. Mr. Summers stated that unless something changes, they aren't selling their land for development and nothing will ever go there that he can tell them about. Mr. Summers stated that he has to set the building at an angle as shown or he will lose his ability to back in and out of there because of the other buildings. Mr. Walker told Mr. Summers that if those existing buildings were to be torn down they would not be able to be placed back there because they were definitely in the r-o-w. Mr. Summers stated that he understood that. Mr. Summers stated that he was probably going to rock the front section to keep from having to cut it to keep it from looking so bad and he would be able to cut the part back into the woods, but if he has to move the building on down he would have to change fences and everything which would be an ordeal, plus it would be a high expense. Mr. Lott asked Mr. Summers if he did own the property on both sides of the fence. Mr. Summers replied yes. Mr. Walker asked the members if they had any questions. Mr. Summers stated that he did not know of anyone that had anything to say about it and he felt like people would rather see the equipment under the shelter instead of scattered on both sides of the road. Mr. Walker asked if there had been any response for or against the request. Mr. Mumphery stated that there had been one call in regards to the building being placed there. Mr. Summers stated that was Mr. Frank Williams, he bought his grandmothers house, but he called and talked to him and he had no problem with it. Mr. Clark asked if there was anywhere else on that land where he could put the building, and his objection is that it is being placed too close to the front. Mr. Summers replied that all of his shop tools and everything else is already there in that area, and it would be a burden to have to put it anywhere else on the property, and the bottom line is that is where it needs to be. Mr. Summers mentioned again that 1' off the property line there was still some 40' from the corner of the building and the centerline of the road, power poles are 10 to 12' off the property line and he is going to be another 20' behind those power poles on just 1 corner. Mr. Summers stated that he could be 41 to 43' off, whatever the board wants him to be within reason, but 8' to 14' changes the whole complexity of the building and that 3' wouldn't make any difference. Mr. Summers stated that if he has to shift it on down he would be #1 wasting property and #2 what he is paying taxes on and #3 it becomes burdensome to keep it cleaned up. At this time, Mr. Walker asked if there were any more questions. 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 Bob McCadams, seconded by Mark Brubaker to approve the request for a variance to reduce the required 50' front yard to setback to 1'.
The motion to approve failed, appeal was denied.
Mr. Walker stated to Mr. Summers that the building needed to be located further off the r-o-w than 1', and in his opinion how many feet could it be moved back and still be feasible. Mr. Summers stated that if the board was more comfortable by shifting the building 5' more on his land he could do that but if he had to go back 20' he would be getting into an area where he couldn't get in and turn around. Mr. Clark asked Mr. Summers what kind of equipment was he talking about. Mr. Summers stated backhoes, front-end loaders and low boys. At this point, Mr. Walker asked if there were other discussion. Ms. Sangster asked if the equipment is farm equipment or contractor equipment, and that farm equipment is allowed in the RR zone district, but not contractor equipment. Mr. Summers stated that he calls it farm equipment and that is what he pays taxes on and he puts all kinds of equipment under there. Mr. Clark wanted it on the record that Mr. Summers stated that the building would be used for storing farm equipment and not contractor equipment. After further discussion a motion was made by Mark Brubaker, seconded by Bob McCadams to waive the 12-month waiting period and another appeal could be reconsidered immediately. Carried unanimously.