CRISP COUNTY ZONING BOARD OF APPEALS
September 21, 2010
The Crisp County Zoning Board of Appeals met at a regular meeting on the 21st day of September 2010 at 9:00 am. in the Crisp County Courthouse.
The following members were present: Emmett Walker, J.C. Clark, Jerry Carney and Wendy Peavy. Absent was Mark Brubaker. Also present, Connie Sangster, Secretary & Planning Director & Jimmy Mumphery, County Building Inspector.
Also present were the following visitors: James Stanford, David Conner, Peggy Conner, Todd Dorminey, Sonya Bradley, Leroy and Wanda Carter.
Chairman Emmett Walker called the meeting to order. Mr. Walker asked for a motion on the Minutes of August 17, 2010.
VOTE: Motion was made by J.C. Clark with a second by Jerry Carney to approve the Minutes of the August 17, 2010 meeting. Carried unanimously.
Request from James Stanford for a variance to reduce the required 35" front yard building setback line to 25' for the purpose of adding a 12x32 (384 sq. ft.) storage building to an existing open shelter. Property is located at 116 Midway Church Road and is zoned RS1 (Single Family Residential).
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. Stanford was present and spoke on his own behalf. Mr. Stanford stated that he needed the building for storage. He stated that the storage building is set back an additional 8' from the existing house that it will be attached to. Mr. Carney stated that he went by the property and the request is not for approval, it has already been built without a building permit. He then asked Mr. Mumphery if a building permit had been issued for that structure. Mr. Mumphery replied no. Mr. Carney stated that until a building permit is issued, technically that structure doesn't exist, it should be torn down. Ms. Sangster stated that this office gave Mr. Stanford a stop work notice and that he could not do anymore work on the building until he went through this process, because it did not meet the required setbacks. Ms. Sangster was also stated that this board has the authority to grant the variance or have him remove the structure. Mr. Carney stated that the bottom line is that as far as the setback issue, is that he already has a setback issue on the existing structure and as long as this addition is not any closer to the road than what the existing structure is and it is attached to the structure he doesn't see a problem with it as long as he gets a building permit. Mr. Stanford stated that he had no problem with that. stated that he does have a problem with it being built before a permit was issued. Mr. Clark stated that he also wanted to add that if we keep letting them have it then everybody else will do the same thing and build in the setbacks. Mr. Walker also stated that he had a problem with it being built before getting a permit. Mr. Stanford stated that he was wrong and he should have gotten a permit, he built houses for several years but he didn't even think about getting a permit and has no problem paying for one. Mr. Carney stated that he just wanted to make the point that there has been a lot of things done in this county in the past where people do it and ask for forgiveness later. He stated this was a little different situation because of the fact that it is built in the context of the existing structure and you aren't going any closer than the existing structure is to the road, so on a personal level he doesn't have a problem with it. Mr. Carney did want to put on record that if anything comes before him on this board with the opinion that they will build it then ask for forgiveness that will not work for him. He stated just because he may vote for this particular variance it does not mean that is the way he personally feels. Mr. Walker asked if there were anyone present for or against the request. Mr. Mumphery replied no. Mr. Clark asked what was the opinion about the permit being issued, is it ok. Mr. Mumphery replied that once the board makes the decision of whether or not to allow the variance then we can issue a permit with double fees because he started without a permit. Ms. Sangster stated that the back of Mr. Stanford's property is located in the floodplain which leaves him very limited in where he can locate the building. Mr. Walker asked if there were 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: A motion was made by Jerry Carney seconded by J.C. Clark to approve the variance request to reduce the required 35' front yard setback line to 25' for the purpose of adding a 12x32 sq. ft. storage building to an existing open shelter. Carried unanimously.
Request from Wendell and Peggy Conner for a variance to locate a residential structure on a parcel of property that does not have public road frontage. The property is located off of Cork Ferry Road, adjacent to 267-A Cork Ferry Road and is zoned RS1 (Single Family Residential).
Mr. Walker called the hearing to order. David Conner and Peggy Conner were present and spoke on behalf of the request. Mr. Conner (Peggy Conner's son) stated that his parents currently live in Dooly County and they have owned the property in question for several years. He stated that his parents are wanting to move closer to himself and his sister that also lives near the property. They are requesting that they be allowed to build a structure on the property so they can be closer to them. He stated that they have a legal access and easement recorded. He also stated that emergency personnel have been to the property and they stated they have no problem with being able to access the property with their vehicles in case of an emergency. Mr. Walker asked Mr. Conner if he also lived in the area. Mr. Conner replied yes in front of this property. Mr. Carney stated that it looks like there has been a history with this property. Mr. Conner stated there has been. Mr. Carney also stated that it appears from the plat that there is an additional 30' easement by the side of his house down to the back 3 acres. Mr. Conner replied yes. Mr. Carney asked were those vacant lots in between his and his mother's. Mr. Conner stated that those lots have existing structures on them. Mr. Carney asked if there had been a problem before with emergency vehicles being able to access the property. Mr. Conner replied that there had never been a problem before. Ms. Sangster replied that this is part of the approval process to make sure that the property is accessible for these vehicles and that the Fire Dept. and EMS had written letters to that fact. Mr. Walker asked if the easement that goes through there is 20' or 30'. Mr. Conner replied that the first easement that goes through the property is a legal recorded easement of 20' that he had to acquire in 1980 when he built his house and the 30' easement is actually his parents' property and they have given his sister (their daughter) an easement to her property. Mr. Walker stated that his concern is for future and he wants to make sure that everyone along this route will have access to the property. Mr. Todd Dorminey (son-in-law of the Conner's) lives on the property behind David Conner's and in front of Wendell and Peggy's property, he stated that the Conner's had given them a recorded legal easement to access their property. David Conner stated that Mr. Tommy Cotton had handled all the legal requirements for the mortgage company over the years, so they would have legal access for the future. Mr. Clark asked if they were to sell any of the property would the new owners have a problem getting to their property. Mr. Conner replied no. Mr. Carney asked if the adjacent property were to be cut up in lots, would those people have access through that easement. Mr. Dorminey stated if the Conner's allowed it. Ms. Sangster stated that particular property has road frontage from a county road and should not require a variance. Mr. Carney stated that he would like to have a copy of the recorded easement attached to these minutes for future purposes. At this time, Mr. Walker asked if there were 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 J.C. Clark, seconded by Jerry Carney to approve the variance request to locate a residential structure on a parcel of property that does not have public road frontage with the condition that the 30' access easement (as presented) be legally documented and recorded. The property is located off of Cork Ferry Road, adjacent to 267-A Cork Ferry Road and is zoned RS1 (Single Family Residential). Carried unanimously.
Request from Harold Leroy Carter (with the property owners authorization) for a variance to modify the required asphalt/concrete parking lot surface to gravel for the use of a retail store in an existing building. The property is located at 2478 Hwy. 280 W. and is zoned GC (General Commercial).
Mr. Walker called the hearing to order. Mr. Carter was present and spoke on his own behalf. Mr. Carter told the board that he wants to put a bait and tackle shop in the existing building. Mr. Carter stated that he was leasing the building and wanted to put gravel down in place of asphalt or concrete for the parking area. Mr. Walker asked if the lot was big enough for the required parking. Mr. Mumphery replied that the lot was large enough but according to the regulations it is required that a solid surface asphalt/concrete be provided, unless a variance is issued by this board. Mr. Carney stated that he went by and looked at the property and basically the only thing that he would say, is that by putting down gravel/ crush & run will probably create some dust with the westerly wind that we have, it will be all over the ice machines at Striplings, but if they don't care he doesn't have a problem with it. He stated that the setbacks are pretty far and it accesses right there at Striplings. He also stated that it seems like it would be aggravating to take care of with holes and all the stuff that goes with it, but if you and your customers are willing to put up with it he doesn't see a problem and since it is a lease property he can understand not wanting to asphalt it. Ms. Sangster stated that Striplings did call just to inquire about the request and they stated they did not have a problem with it. Ms. Sangster also added that one thing about this situation is that the building was built in the early 80's and of course this was before the County had any zoning regulations or requirements and that the building was pretty low and that the gravel would probably be a better solution than a hard surface for the water run off and that Mr. Carter had stated that there are existing water problems on the Olsen property from the Striplings building. Mr. Carter stated that they were going to try and fix that problem also. 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 Jerry Carney, seconded by J.C. Clark to approve the variance to modify the required asphalt/concrete parking lot surface to gravel for the use of a retail store in an existing building. The property is located at 2478 Hwy. 280 W and is zoned GC (General Commercial). Carried unanimously.