CRISP COUNTY ZONING BOARD OF APPEALS
July 17, 2012
The Crisp County Zoning Board of Appeals met at a regular meeting on the 17th day of July 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, Jimmy Mumphery, County Building Inspector, absent was Connie Sangster.
Also present were the following visitors: Thomas C. Noffsinger.
VOTE: Motion was made by J. C. Clark with a second by Jerry Carney to approve the minutes of the May 15, 2012. Carried unanimously.
Request from Thomas C. Noffsinger for a variance to reduce the required 15' side yard setback to 1.8' for the purpose of constructing a 14x52 (728 sq. ft.) open carport on the west side of the property line. Property is zoned RS2 (Single Family Residential) and is located at 318 S. Cedar Creek 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. Noffsinger was present and spoke on his own behalf. Mr. Noffsinger told the board that he had a long carport, strictly in line with the lake where he has a boat ramp, he stated he parks his boat underneath the carport all winter when he is not here. He stated it would be an open carport set up on 4x4's and they use it if it is raining, the neighbors can come over and grill. He stated the cars park in front of the boat and stay in the shade, he stated the existing one was knocked down when he was having a big pine tree taken out, the branches kept falling off and damaging his roof. He stated the crane broke while they were taking the pine tree down and the pine tree fell and took off his porch, crushed the hot tub and knocked the carport over. He stated his contractor came down to get a building permit and there was no record of the original building permit when Chief's Construction built the carport in or around 2001 and it would require a setback variance before they could issue a permit. Mr. Walker asked what was in the 2 existing carports/garage that has the 2 doors up? Mr. Noffsinger stated that currently 2 jet skis and a lawnmower and all the building materials to reconstruct the carport with. Mr. Walker asked what was he going to use it for? Mr. Noffsinger replied park his car or truck in. Mr. Walker stated that it didn't look like he would be able to get a car in and out of there with the new carport. Mr. Noffsinger stated that he had been parking an F150 and car there, in the garage. Mr. Taylor asked if the replacement was going to be longer than the original carport? Mr. Noffsinger replied if the board would allow that so they would not have to go through the rain to get from the porch to the carport, he stated that by doing so the porches would be connected to it. Mr. Clark asked so he was asking for an extension from what was there. Mr. Noffsinger stated that if he saw where the hot tub sits they would like to extend it out to the end of the carport while the concrete truck was there. Mr. Noffsinger stated that he called his neighbor, Ms. Aultman and she stated that her only concern was that they have a security light between the house and the lake and the power company drove across her yard to replace the bulb, he stated he contacted Crisp County Power and they were going to pull the pole up. Mr. Walker asked how many feet was there between the house and the inside edge where you are wanting to build? Mr. Noffsinger stated that if you include the patch of grass and the little porch that runs down the side of the house that is covered up by the roof and to be on the safe side he would call it 10'. Mr. Walker asked if the carport was going to be closed in on sides or just 4 post with a top on it. Mr. Noffsinger replied it would be open and covered on the top and by putting in sides it would take away the view. Mr. Walker asked if there were anyone for or against request. Mr. Mumphery stated that Ms. Aultman called but was not against it. Mr. Carney asked Mr. Mumphery about access down there and it looked like a road off a road and he could not tell where the front yard started and the back yard or how many feet off and if that was just kind of a local road that was put in and is non county maintained. Mr. Mumphery replied that was correct. He stated that basically it runs through some of the middle of some of the property lines. Mr. Carney said that basically what he hears is that you are replacing a carport with a carport that was there before. Mr. Noffsinger replied yes. Mr. Clark stated that you could tell there was one there before. Mr. Carney asked Mr. Mumphery if the "grandfather" didn't qualify because of the fact that they were replacing a structure that was unknown. Mr. Mumphery replied it was unpermitted and never had the approval from the board for a setback variance, so that is why we are here and they are enlarging it from the original size. Mr. Clark asked if it was closed in last time or open. Mr. Mumphery replied open. Mr. Noffsinger showed the members a photo of the carport that was previously there that was taken in 2002. Mr. Walker asked Mr. Mumphery if this property was in the flood zone. Mr. Mumphery replied yes. Mr. Walker asked how much was the overhang from the west side of the building going to be, and was it going to put water into the next door owners property? Mr. Noffsinger stated that the rain guards would actually catch the waters. Mr. Clark asked if he was going to put gutters on it or was it going to drain back that way. Mr. Noffsinger replied that he had an underground drain that runs out towards the lake. Mr. Taylor asked if he was guttering the new one? He stated yes, otherwise when a big rain comes it cuts a big trough there. Mr. Walker stated that with the roof whether you pitch it or run it down this way the waters got to go somewhere off of the top of that roof and is it going to hit the neighbors property? Mr. Noffsinger stated that if it is 1.8' in, probably not but it would be very close. Mr. Walker stated that is the part that bothers him, what is that going to do when we get a real hard rain, it is going to shoot off that side of that carport and since it is only a foot and 8 inches to the line as you are requesting, it could cause damage to his property. Mr. Taylor stated that they were only looking at a 4" change before and the old structure was only 2' from the property line so we are only knocking off 4". Mr. Carney stated that one of the key things is to put a gutter on it to prevent any additional impact on the adjoining property and if you are talking about guttering and taking away from that property we will just put it in the motion. Mr. Noffsinger stated that they have community red tips that grow there. Mr. Walker stated that is one of the reasons why he was asking the width of what he is wanting to build and the house because you may have to move it closer to the house if they approve it. Mr. Noffsinger replied that there is an existing cement slab that the carport sits on and he can't move that and the poles are put in the cement slab and hook them down with cement anchors and it is not really any wider it is going right back in the same place. Mr. Walker stated that he did not want to see down the road here that it is throwing water up against that man's house with a hard rain, cause he is real close to that line also. Mr. Noffsinger stated that he did not think it would ever reach the house but if there were no gutters he could cut a trough right where the red tips are planted, and that is why he is putting gutters up. Mr. Walker stated that everything in there is mighty cluttered. Mr. Carney asked Mr. Mumphery when was that area built out. Mr. Mumphery stated probably mid to early 70's at the latest and no new construction has been put in there since around 1987. 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 Jerry Carney seconded by Lucky Taylor to approve the variance request to reduce the required 15' side yard setback to 1.8' for the purpose of constructing a 14x52 open carport on the west side property line with the following stipulations:
- Gutters installed on west side property line;
- Open carport not to be enclosed. Carried unanimously 3-0.