CRISP COUNTY ZONING BOARD OF APPEALS
April 17, 2012
The Crisp County Zoning Board of Appeals met at a regular meeting on the 17th day of April at 9:00 am. in the Crisp County Government Center.
The following members were present: Emmett Walker, J.C. Clark, Jerry Carney, and Lucky Taylor. Also present, Connie Sangster, Secretary & Planning Director & Jimmy Mumphery, County Building Inspector.
Also present were the following visitors: Herbert D. White and Sheila Southerland, Cole Woodruff and Angie Ellis.
VOTE: Motion was made by Jerry Carney with a second by J.C. Clark to approve the minutes of the February 21, 2012 Minutes. Carried unanimously.
Request from Herbert D. White & Sheila Southerland for a variance to locate an accessory structure on a parcel of property prior to or in lieu of a principal use on the property. Property is zoned RS2 (Single Family Residential) and is located north of 341 Ray 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. Building. David and Sheila spoke on behalf of the request. Mr. White stated they live in Cedar Point and only have a 1/4 acre of a lot, so there is not much they can do there. He stated they found out this property was available and they were under the impression that it was zoned agricultural. They want to get the hay field back to working order so they can cut hay on it - they plan on planting pines back on the part that had been clear cut. They would like to put a barn on the property so they can put a tractor in it and they would like to plant a garden. They stated they already have a house and have no plans to build another house. He stated this property and the location is real convenient for them. He stated his wife wants to have a garden, they don't have enough yard to plant a garden where they are now. They have no intentions of building houses on the property they just want a place to go to have a little farm. He stated they have property in Dodge County but that is a little too far to go. Mr. Walker stated that you are asking for a 40x60 pole born. Mr. White replied yes - they plan on purchasing a tractor, they already have a bush hog and stuff like that, they want to plant a garden, put a well on the property and just have a place to go on weekends. He stated it was mostly stress relief for his wife, she is a Dr. in the ER. Ms. Southerland stated that she was born into a farming family, they always had a vegetable garden and fruit trees and she enjoys planting those things, that her hobby. Mr. Walker stated that he thought there was already a well there. Mr. White stated they have not found it on this particular piece of property. Mr. White stated that he had talked with David Edwards and the Fire Chief, Ray Lunsford, they both came out to the property and both said there was plenty of room to get emergency equipment in. He stated that he had the power people come out and they told them that at 700' there was a pole at the end of the dirt road and they would not have any problem bringing power to the property. Mr. Walker asked what size of electrical box are they planning on having? Mr. White replied whatever Mr. Mumphery says they will need for lights and the shelter. Mr. Mumphery asked if they were also doing a well? Mr. White replied yes. Mr. Mumphery stated at least a 100 amp service. Mr. White stated they building is going to be a 40x60 - 3 - 20' bays and probably enclose 20' of it leaving 2 open bays. Mr. White stated that he had spoken to all the neighbors and did not get any objections, they were all in approval of the request and stated they would rather have pine trees instead of a subdivision. Mr. White stated that the property still has a farm number assigned to it and Ms. Sangster stated that if the property had ever been farmed it could still be farmed (under the Agricultural exemption). Ms. Southerland stated they were not planning on farming it for sell or to make money, they only wanted it for their own personal use and would not be anything commercial. Mr. Walker asked the board if they had any questions. Mr. Carney stated that he had a couple of questions and first of all this is for Connie. This property is zoned residential - all of it? Ms. Sangster replied yes. He stated that his question is, if it is zoned residential but it is going to be used for agricultural purposes why don't we just rezone it? Ms. Sangster stated that we really would not want to rezone that because you would be going back to the RR which is the least restricted zoning we have an obligation to protect the residents that are already existing in the RS2 (single family) zone district. That is why there are able to come before this Board to determine what they want to use the property for and if they could still be allowed to do it. She stated like they talked about the agricultural exceptions since it was farmed at one time it won't lose that. Mr. Carney asked about the tax digest and how does that work. Ms. Sangster replied that once a building permit is issued they will be taxed as an agricultural building on the property. She stated the property is not taxed until the actual use changes, so their tax status will change once they put a building on it. Mr. Carney asked, so if something is zoned single family but yet there is no single family out there, is it just taxed as vacant land? Ms. Sangster stated that the tax digest zone is totally different from our property use zone and the zone that we use is how the property can be used. Mr. Carney stated that what he is really getting at is if it is taxed as residential, but it is actually being used agricultural, it seems to him it would change the zoning, so in other words it has never changed over to a residential tax use. Ms. Sangster replied that it would not be until that building permit is issued as a residential structure. Mr. Carney asked if this property had never been platted? Ms. Sangster replied no and that at one point the previous developer was going to build a subdivision but they never proceeded with the plans. Mr. Carney stated he wonders why this County gets the way it gets when you have single family zoning in an area where you are going to use for agricultural - it is either this or its that and not both and he stated that he was not having a problem with what they were wanting to do or anything but he is having a problem a little bit, and how do we get Crisp County like we get Crisp County when we have this growing over here and a house over here, we got a barn over here, we got this over there and how did we get like that. Well, we know how we got like that so we put all the rules in place about what we should do and then we come in a situation like this saying it is going to be used for agricultural but it is zoned R1, and since it hasn't been platted we will just put up a 20x40 nice looking well used building, but right in the back yard somebody gets zoned something else and he doesn't understand why the zoning doesn't go back to agricultural. Ms. Sangster replied mainly because of that reason and you want to buffer the property owners that border the road that are single family residence and that is why this Board or we have Special Uses to where if it is something that is compatible with the area, every request is totally different and that is why every request has to stand on its own and that is why we put stipulations on requests saying what you can and cannot do per the stipulations instead of what you (the applicant) wants it to be. Ms. Sangster also stated that if the county did rezone this property back to RR - you could possibly put pigs there that would be adjacent to the RS2 and that the RR zone district was the least restricted zoning area and there is so many uses that would be allowed that would not be compatible to the RS2 and if we rezoned it back to RR the property owners that have built homes in the RS2 (most restricted) zone district. We have allowed these residents to lose their protection. That is why we did add the agricultural exemption because most of that property before the lake area became so popular for full time residency, most of that surrounding property was farmland. This parcel is far enough away from the lake area that we are still including a buffer that will protect the ones that are not on the water. Every request is based on the intent and purpose of the person that is requesting the variance. Mr. Carney stated that there is a building that was built on Arabi-Warwick Road that was going to be a little shed and the next thing he knows he is attending this big BBQ and this building has a little bedroom stuck in there and all this other stuff going on and if we are looking at a place to store tractors - I'm sure you will have a covered place out there if you want to BBQ out there and enjoy yourself and so on, he doesn't have a problem with that but if there is any kind of use for sleeping arrangements and things of that nature he would like to hear that now. Mr. White replied not planning on that. Ms. Southerland stated they will have a bathroom. Ms. Sangster stated that the State allows plumbing facilities if you occupy a structure for more than 2 hours a day. Ms. Southerland stated that if she is out there in the garden she wants to be able to wash her hands and so forth. Mr. Carney stated he just wanted to make sure this would not turn into a single family type house. Mr. White stated there were no plans for that. Ms. Southerland stated she would like to have some ceiling fans. Mr. Carney stated he had no problem with that. Mr. Carney stated that some times this Board is asked to approve something and it turns out completely different than what was heard and he just wanted to here that from them. They stated they understood. Ms. Southerland stated that the location where they have indicated on the plat may be subject to change per the Health Department because they don't want to have to run their water so far. She stated they did not plan for it to be on the edge of the property and more so towards the middle and would far enough away from any residence it should not be a problem. Mr. White stated they did not want angry neighbors. Mr. Walker asked if Cole or Angie had anything to say. They replied no. At this time Mr. Walker asked if there were other questions from this board. 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 Lucky Taylor to approve the variance request to allow an accessory structure (40x60 open pole barn with 20x40 being enclosed) to be placed on the property prior to or in lieu of a principle use on the property and a stipulation of no more than a 100 amp electrical service be provided in this particular area. Carried unanimously 3-0.