CRISP COUNTY ZONING BOARD OF APPEALS
July 21, 2009
The Crisp County Zoning Board of Appeals met at a regular meeting on the 21st day of July 2009 at 9:00 a.m. in the Crisp County Courthouse.
The following members were present: Emmett Walker, J.C. Clark, Mark Brubaker, Jerry Carney and Wendy Peavy. Also present, Connie Sangster, Secretary & Planning Director & Jimmy Mumphery, County Building Inspector.
Also present were the following visitors: Richard Hughes and Roy Johnson.
VOTE: Motion was made by Mark Brubaker with a second by Jerry Carney to approve the Minutes of the June 16, 2009 meeting. Carried unanimously.
Request from Richard Hughes for a variance to place an accessory structure 40x60 (2400 sq. ft) storage building prior to or in lieu of a principal use on the property. Property zoned RR (Rural Residential) and located at 550 N. Penia Road.
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 request. Mr. Hughes was present and spoke on his own behalf. Mr. Hughes told the board that if approved he would like to put a 40x60 (2400 sq. ft) storage building on the property so he would have a place to store some old cars that he has and to have a place to work on them. He presented pictures to the board of the type building he is proposing. Mr. Hughes stated that he has 2 hot rods himself and just purchased one for his daughter and he needs somewhere to keep them because he doesn't have room at his house, which is across the street from this property. Mr. Walker stated that he saw the flags on the property and asked Mr. Hughes if that was the location he intended to put the building. Mr. Hughes replied that is roughly the area he is proposing. Mr. Walker stated that one of the few things that bother him on requests of this nature is what is going to be on the outside of the building, will there be junk out there. Mr. Hughes replied no, he also stated that he included in his application a picture of the property of what was there before he purchased it, he stated that he bought the property to get that out of his sight and if you stood at his front door that is what you saw. He stated that he has owned the property for 2 1/2 years and has kept the property mowed and intends to keep the property clean because he does have to look at it. Mr. Walker stated that the request is for a large building, he stated that he has 7 cars insured and really needs a place to put them. Mr. Walker stated what really bothers him is 4-5 years down the road if you decide you want to go back to Houston and Joe Blow buys the property and he has a friend that wants to use the property for a mechanic shop and that is what concerns him as leaving it open and something like that happens. Mr. Walker stated that it is a large building and can be used for a lot of things. Mr. Hughes replied that he has no intentions of moving and he does not know what would prevent that from happening. Mr. Walker stated that he just used that for an instance. Mr. Hughes stated that he guessed the only way to prevent something like that from happening would be to not issue a business license, but he doesn't see that happening. Mr. Walker stated that the board has to look down the road. Mr. Walker asked Ms. Sangster if she had letters from people in the area that were either for or against the request. Mr. Hughes gave the members copies of individuals that live in the area with no objection to the request. Mr. Clark asked Mr. Hughes about the slope of the property when it rains. Mr. Hughes stated that the building would sit up some in the front but would be higher in the back. He stated that he had been watching that since he moved out there in 2000. Mr. Carney stated that it is a residential area and he does have the same concern of Mr. Walker's in that he doesn't want to see junk, engines, etc. outside of the building. Mr. Carney stated that maybe they could attach stipulations to the building, which could limit what it could be used for in the future. Mr. Hughes stated that would be fine and that he wanted to be able to build a car from the ground up, but for only himself, and not as a business, he stated that is what he does instead of golfing and everything else. Mr. Carney asked Mr. Hughes if he would have a problem keeping all of those vehicles inside, instead of parking them outside. Mr. Hughes replied no, he stated that if there were ever anything outside there is an overhang and that is where he plans to put his lawnmowers and trailers.
At this time, Mr. Walker asked if 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 seconded by Wendy Peavy to approve the variance request to place an accessory structure 40x60 (2400 sq. ft.) storage building prior to or in lieu of a principal use on the above referenced property with the stipulation that the structure is used for indoor storage of personal vehicles and the property is to remain junk free. Carried unanimously.
Request from Roy Johnson for a special exception variance to place an accessory structure 30x48 (1440 sq. ft.) storage building prior to or in lieu of a principal use on the property. Property located at 1306 Arabi Warwick Road and zoned RR (Rural Residential).
Mr. Walker called the hearing to order. Mr. Johnson was present and spoke on his own behalf. Mr. Johnson told the members that he has a farm that has 230 acres, he stated that 130 of it is being farmed by Wallace Mathis and the other is wooded, he stated that he has
cleaned this land up and there was previously structures but were torn down before he purchased the property. Mr. Johnson stated that he wants to place this barn on his farm, he stated it will have a lean-to and he will be able to store his tractor, 4-wheelers, tools and accessories for maintenance of the farm. Mr. Walker asked where the barn is going to be located in reference to the 2 gates. Mr. Johnson replied it would be to the left of the 2 gates, he stated there is an existing septic tank that he can use instead of putting in a new one. Mr. Walker asked if it would be directly in front of the Partain's house. Mr. Johnson replied yes. Mr. Walker stated this would be like the other request and concerns of keeping the outside of the property clean. Mr. Johnson stated that he planned to run an irrigation system, seed the grass - and put a waterfall in at the pond. Mr. Carney stated that he just knows from a personal standpoint that the property looks a lot better since Mr. Johnson has purchased it. Mr. Brubaker asked Mr. Johnson if he has any intentions of putting a house or anything else there in the future. Mr. Johnson replied that if he ever did anything, he may put a cabin in the back at the springs and that is one reason why he did not come in and rezone it to agriculture and as far as him having that barn out there, Wallace has his tractors back there and Ken Partain has his tractor and trailer parked in his yard. Mr. Walker stated that the first thing is to have a house there, Partain has a house and your request is in lieu of that. Mr. Johnson stated that he understands that. Mr. Walker asked Ms. Sangster if there had been anyone for or against the request. Ms. Sangster replied no. At this time, Mr. Walker asked if there were any further questions or comments. There were none. At this time, Mr. Walker stated this concludes the public hearing portion of this meeting and now they would go into discussion and vote. Mr. Carney stated that he would like to ask Connie a question, he stated that it has occurred to him that in a lot of these cases that someone has a residential zone on farmland similar to Roy but as Roy stated he didn't want to change the zone, would it be easy for someone to come in there and say that is (R1) or residential and they want to go back to agriculture. Ms. Sangster stated for clarification that the existing zoning on this property is RR (Rural Residential) and agriculture is a permissible use in this zone district, which the majority of the county is RR (Rural Residential). Mr. Carney stated that he did not understand the zoning and that clarifies that now.
After discussion, the Chairman asked for a motion.
VOTE: Mark Brubaker made a motion to approve the request, seconded by Jerry Carney to allow the Special Exception Variance to place an accessory structure 30x48 (1440 sq. ft) storage building prior to or in lieu of a principal use on the property.