CRISP COUNTY ZONING BOARD OF APPEALS
April 21, 2009
The Crisp County Zoning Board of Appeals met at a regular meeting on the 21st day of April 2009 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 Jerry Carney. Also present, Connie Sangster, Secretary & Planning Director & Jimmy Mumphery, County Building Inspector.
Also present were the following visitors: Greg Turton, Bill Turton, David Herlovich, Frank and Celeste Williams.
VOTE: Motion was made by J.C. Clark with a second by Mark Brubaker to approve the Minutes of the March 17, 2009. Carried unanimously.
Requests from GBT Management for special exception variances on parking requirements: 1) a variance to reduce the required number of parking spaces from 13 to 6 and; 2) a variance to modify the required asphalt/concrete surface drive for ingress and egress to dirt/gravel/crush and run. Property is located at 1214 E. 13th Ave. and zoned HC (Heavy Commercial).
Chairman Emmett Walker called the hearing to order. Mr. Walker read aloud the criteria and procedures that the board considers when making decisions. At this time, Mr. Walker read aloud the variance requests from GBT Management. Mr. Greg Turton was present and spoke on behalf of GBT Management. Mr. Turton stated that he has about 4-5 employees at this location where he has moved his office to and when he was doing the construction he did not realize how many spaces were required. He stated that he went back and discussed this with Jimmy and Connie and they advised him that the best way to handle this was to ask for a variance before this board. He stated that the property is in the county and nothing is paved around them - most of it is pecan trees, he plans to make the area better and what he would like to do is to put crush and run and 6 spaces which is enough for them and landscape the area in front and he feels that would be more than sufficient for them and would be glad to entertain any ideas or thoughts. Mr. Turton stated that he had talked with all of his neighbors and they have no objection to the request. He stated that he wants to improve the property and wants to keep it with this economic environment and as inexpensive as possible. He stated that is why he moved to this area - it is not on 16th Ave., not on a main frontage road and being off of that he thought it would be appropriate and benefit everyone around the area. Mr. Walker asked if the parking spaces would be concrete. Mr. Turton replied yes and that his thought was to do some concrete spaces mainly because of handicap. He stated that the walkway would serve as two purposes; it would be the space between the cars and creates an aisle to the front door and then go to crush and run at that point. Mr. Walker asked how many feet did he have on the sides of the building. Mr. Turton replied that on the west side he has approximately 20-25 feet - not enough for parking and landscaping. He stated that there property goes over about 6-7 feet inside the fence and they don't have a problem with that. Mr. Walker asked if he could possibly make 8 parking spaces in the front and was there enough room to add one on each end. Mr. Turton replied yes and that he does have a second plan that will add 5 more spaces which is the same as the front with 6 spaces and then come down the side of the building with crush and run and add 5 more spaces. He stated that 2 to 3 of these spaces would be in front of the roll up doors. He stated that they don't use the roll up doors. Mr. Walker asked if they could move away from the roll up doors. Mr. Turton replied yes and that would not be a big deal. He stated that the existing crush and run is not down as well as it will be when they complete the job. He stated that the whole master plan for this area is to build a building if someone were to come and ask and not start doing spec buildings and at that point he knows he will need additional parking. At this point Mr. Walker asked if there were any questions from the board. Mr. Carney stated that he thought they could reach a compromise. And that his issue is if the employees grow beyond the number of spaces they have, he stated that what he doesn't want to see is another L Bo's where cars are parked all over the edge of the street and the issue of sub-leasing and the best way to handle that would be to add stipulations in reference to the number of employees. Mr. Turton stated that the way the code reads he is required to have 13 by the space that they have and not by the number of employees. Mr. Turton stated that he understood if he built another building he will be required to add additional parking spaces. Mr. Clark asked about the handicap space. Mr. Turton stated there would be 1 and could possibly label 2 spaces if the board so desired. Mr. Clark asked how would the crush and run hold up with the weather. Mr. Turton stated that he was going to make sure that the base of the crush and run would be graded and packed so it will last for a long time. Mr. Walker stated that the parking in front of the roll up doors concerned him. Ms. Sangster stated that the spaces in front of the roll up doors could not be counted as part of the required spaces. Mr. Turton asked if you could count that as a garage, which gives you 4 spaces (inside parking). Ms. Sangster stated that the building was permitted for storage/warehousing and not an inside garage. At this time, Mr. Walker asked is there were any further 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 Mark Brubaker to approve the second variance request to allow the required asphalt/concrete surface drive for ingress and egress to dirt/gravel/crush and run, seconded by Wendy Peavy. Carried unanimously.
A motion was made by Mark Brubaker to deny the request to reduce the required number of parking spaces from 13 to 6 and amend and approve the request from the required number of parking spaces from 13 to 11 with 6 concrete spaces located in the front of the building (1 handicap) and 5 parking spaces located on the east side of the building with crush and run. Carried unanimously.
Requests from Frank and Celeste Williams for Special Exception Variances per Section 2.14.04. 1) A variance to allow a Family Care Dwelling as an accessory use to a single family detached dwelling. 2) A variance to reduce the minimum lot area from 1 acre per dwelling unit to .087 acres for the purpose of allowing a Family Care Dwelling. 3) A special exception variance to reduce the required 50' front yard property line setback to 40' if the Family Care Dwelling is allowed to be located in the front yard between the front yard setback and the main dwelling. 4) A special exception variance to reduce the required 25' sideyard property line setback on the west side to 12'. Per Section 2.26.05 Hardship Variances: 1) To change the required placement of a Family Care dwelling from 20' from the rear of the main dwelling to the front of the main dwelling. 2) A variance from the requirement that the Family Care Dwelling be occupied by the owner or a relative of the owner to occupancy by a non-family caregiver. Subject property is located adjacent to 357 Midway Church Road and is zoned RR (Rural Residential.
Mr. Walker called the hearing to order. Mr. & Mrs. Williams were present on spoke on their own behalf. Ms. Williams thanked the board for allowing her to come before them with these requests. Ms. Williams stated that she had been blessed for 58 years that she has not had to have anyone come in and help her take care of her son, Malcolm, but now she and her husband have health problems and they feel fortunate to have found this 60 year old guy that is willing to come and help them with Malcolm. Ms. Williams stated that why she has asked for the separate is because if it doesn't work out they can hook a tractor to it and pull it out and get rid of it they are just hoping it works out. Ms. Williams stated they are needing someone to help put him in and out of the tub. She stated that her husband will be 82 years old this August and has had cancer and she has some heart conditions and is a diabetic and outside of that she doesn't know what else to say and doesn't know what the future holds for her or anyone else. She stated that it breaks her heart that she is having to go this route at this time. Mr. Walker asked if the person is a family member that will be living there and helping out. Ms. Williams replied no, but worked with her brother on the farm in Wilcox County for several years and he saw they had a need and told her he would be interested in helping her out. He is 60 years old, white and has a handicap child himself. She stated that Malcolm could not feed himself, could not brush his teeth, bathe himself, can't get in and out of the bed by himself. Mr. Walker stated the main reason he asked that is because it is a requirement that the person be a family member. Ms. Williams stated she understood that but she nor her husband has a family member that is willing to help them do that. She stated that she told Mr. Clark when he came to her house that she would rather follow her son to the cemetery than follow him to a nursing home. Mr. Walker stated that they have a code to go by and there are several things that bother him such as if this did not work out, what would happen. Ms. Williams stated that if this did not work out she prayed that God would put another person there for them, and if it doesn't work out and they add on to their home they can't take that and get rid of. Ms. Williams stated that she is in a situation and has a need and it is hard to find someone to help you out. Mr. Carney stated that he took a good look at the property and there are a lot of variances being asked for and he would like to know things like - why in the front yard and what size trailer and what the neighbors think. Ms. Williams stated that it is a 2002 - 14x52 mobile home, she stated that as far as the location, she had Lisa Leggett with the Health Department tell her they could connect to the existing septic tank, so that is the reason for placing it in the front yard. She stated she would not want to do to anyone what she wouldn't want done to her and in the back with the dog house and kitty cat house, she did not want him to be out there even though she cleans the grounds, she prefers him being in the front. Mr. Carney asked if given a choice between the dogs and trailer back there what would you take. Ms. Williams stated that she would have to take the trailer because of the need. She also stated that if she had to do it again she would not buy that house because she has never lived in a place where people dumped their animals out. She stated she takes the animals to the vet and spends about $500.00 a month on stray animals. Mr. Walker stated that he was also concerned about the placement of the trailer in the front yard since the code stipulates the placement behind the main dwelling. Ms. Williams replied that would impede Mr. Billy Dorough's property when they come out and on the other side they have woods and a field that would not be blocking anything from anybody. Mr. Brubaker asked if there were any other reasons why the home could not be placed behind the main house and his reason for asking is because of all the variances and by looking at the diagram is there not some way the trailer cannot be placed behind the house. Ms. Williams stated there is 2 wells back there. Mr. Clark asked if the property would perk for a septic tank. Ms. Leggett with the Crisp County Health Department replied that there is an area in the very back corner that has enough room for replacement and that would be her suggestion to keep it in that area. She gave the board a copy of the diagram showing the proposed area. Mr. Carney stated that he was very empathetic about the situation but feels the board can't set precedence and he feels the rules were put in place for a reason and there just doesn't seem to be enough property for all the variances. Mr. Brubaker asked Ms. Williams if she had totally discounted the possibility of adding on to her home. Ms. Williams stated financially and they already have a house that is challenging to keep and she knows she doesn't have another 58 years with her son and that a trailer can be easily removed with a farm tractor and an addition would be hard to get rid of. Mr. Brubaker stated that an addition to the home would actually increase the value of her home. She stated that her interest is what she needs today, she may not have a tomorrow. Mr. Walker stated that is what this board has to consider - is the future. Mr. Walker stated that the requirements call for at least 1 acre, located in back yard, care giver be occupied by a family member, and this request does not meet those requirements. She stated she understood that and understands their obligations. Mr. Williams stated that they could get rid of the dog and cat pen if they needed to. Mr. Walker stated that they had to pass the Family Care Dwelling first and then consider the other variances if this passed.
Mr. Walker asked if anyone had any other 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: Jerry Carney made a motion to deny the Special Exception Variance to approve a Family Care Dwelling at 357 Midway Church Road. There was not a second, nor any other motion. No action was taken. It was the consensus of the board that there were too many variances on this request.