CRISP COUNTY ZONING BOARD OF APPEALS
July 15, 2008
The Crisp County Zoning Board of Appeals met at a regular meeting on the 15th day of July 2008 at 9:00 a.m. in the Crisp County Courthouse.
The following members were present: Emmett Walker, J.C. Clark, Mark Brubaker, Wendy Peavy and Frank Lott. Also present, Connie Sangster, Secretary & Planning Director & Jimmy Mumphery, County Building Inspector.
Also present were the following visitors: Robert & Jennifer Butler.
VOTE: Motion made by Frank Lott, seconded by J.C. Clark to approve the Minutes of the June 17, 2008. Carried unanimously.
Request from Robert and Jennifer Butler (with the property owners authorization) for the following: 1) variance to reduce the required 25' sideyard property line setback on the east side to 15'; 2) variance to reduce the required 25' sideyard property line setback on the west side to 13'. Property zoned RR (Rural Residential) and located at 1260 Tremont Road.
Chairman Emmett Walker called the hearing to order. Mr. Walker read aloud the criteria in which a variance request is handled. Robert and Jennifer Butler were present and spoke on their own behalf. Mr. Walker asked the Butlers' to explain to this board what they would like to do. Mr. Butler told the board that they were renting the property from Mr. Donnie Haralson and they plan on living there for a while and raising their kids there. Mr. Walker asked where along the way did the mix up come in about putting the house there before getting approval from this board. Mr. Butler stated that he really didn't know how the mix up came along. He stated that he went out and staked off the property and don't really know how it got mixed up, he thought the people bringing the house was suppose to go look at it and let him know if he could put it there or talk to Mr. Jimmy. He stated that his wife brought him the approval (permit) and she told him that Mr. Jimmy said everything was ok. Mr. Butler stated that he was never told he had to place the house long ways and he stated that he never did look at the paper like he should have and that is one of the biggest things that happened. Mr. Walker stated that he did notice on the copy of the building permit that Ms. Butler initialed the part that stated the required property line setbacks and when he went out to the property that is when he noticed everything was already in place. Ms. Butler stated that she had never done anything like this before and when they bought their first mobile home that did not have to do any of this, so when she got the permit from Mr. Mumphery she took it to the mobile home dealer and she assumed they looked at it and would have told them what they needed to do, because they told them from the get go they would help them step by step. Mr. Walker stated that things have changed since the last house was there. Mr. Lott asked who set the house for them. Ms. Butler replied Rohrbaugh Homes. Mr. Butler stated that he talked with the owner of Rohrbaugh's and he told him that he talked to Mr. Jimmy and he told him that it was suppose to be long ways. Mr. Mumphery replied that no one from there had called him. Ms. Butler stated that they have been told one thing after another since they bought that house and if they had known how they were then they would have never bought from them because it has been one lie behind another from them and they just want to get in their home and settle their kids before school starts. Mr. Clark asked if Donnie Haralson cared which way the house was on the lot. Ms. Butler replied no. Mr. Lott asked the dimensions of the house. Mr. Walker stated a 28x56. Mr. Butler stated that if they had put it long ways there is so much stuff missing from people's houses these days and everybody could see what they have in their backyard and they would have no privacy. Mr. Butler stated that Mr. Donnie stated that he didn't care as long as the neighbors didn't mind and they had spoken to the neighbors and they don't have a problem with it. Ms. Sangster stated that Ms. Lewis (adjacent neighbor) called with no objection to the request. Mr. Lott asked if the 25' setback was different in a rural area. Ms. Sangster stated that the required lot width in a rural area is 150' but this lot was previously platted and is "grandfathered in". 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 J.C. Clark, seconded by Mark Brubaker to approve the variance request as presented. Carried unanimously.