Planning: February 7, 2005

February 7, 2005

Board of Zoning Appeals
Meeting Minutes
February 7, 2005

Members Present: Kim Cash, Gifford Childs, Goffrey Miles, Linda Russell

Staff Present: Fred Boger, Betty Fortune

Applicants Present: Ms. Donna Adams

Call to Order: In Mr. Bradshawâs absence, Mr. Childs called the meeting to order at 7:30 P. M. Approval of minutes was postponed until after the variance discussion.

Variance #2005-001 ö Donna Adams
Mr. Childs reported that Ms. Adams is requesting a variance to reduce the front yard setback to approximately 40 feet to accommodate the single-wide manufactured home which has been placed on the property. A 55 foot setback from the center of the road is required. Mr. Boger added that the parcel is zoned A-1 and single-wide homes are allowed. The applicant had the home installed without a building permit. When Ms. Adams did apply for the permit and Building Inspections passed the application to Zoning, the setback was not correct. It was determined that neither the actual front yard setback nor the Health Departmentâs recommended placement of the home met the zoning requirements.

The shape of the lot, the geometry of the existing road, and the septic drain field locations may be grounds for granting the variance. Staff believes the action was accidental, not purposeful.

Mr. Timothy Bradley interjected some comments about the proximity of his land to Ms. Adamsâ. Mr. Childs noted that the required setback of 55 feet from the center of the road does not match the drawing from the Health Department.

The applicant, Ms. Adams, stated that she bought the property from Mr. Purvis in August with the intention of renting the home to her daughter or sister. She knew she needed a Health Department permit, but was not aware she needed a building permit. The Health Department permit was received and she was not informed about setbacks. She has paid out approximately $2500 to clean up the location and place the piers. She says the home is 54â-8ä from the center of the road. The back corner is closer than what the driveway will be. When she realized the problem, she called Mr. Boger to come out because it looked very close. She asked Mr. Eick at the Health Department if she could move the home back 10â. He agreed. It still looked too close, so Mr. Boger re-measured. One corner is 10â too close. She has tried to clean things up and is willing to plant fast-growing evergreens to block peopleâs view. She would like to get the variance.

Ms. Russell noted that the plat (survey) doesnât show the actual location of the trailer. According to the tax map, lot 6 is owned by Tim Bradley, and is a cemetery. The trailer is on lot 4. It was very difficult to locate lot 6 on the plat.

Ms. Adams said she canât put the trailer any further back. The Health Department drawing was done before the trailer was moved 10â back. .

Mr. Bradley asked several other questions and Mr. Childs asked that the focus remain on the setback requirement issue which is 15 feet short of the 55 foot requirement.

Ms. Adams said there is a large easement between the road and her property. She apologized again for not having the trailer placed correctly. Ms. Russell asked who put the piers in. Ms. Adams said that Bill Stark placed it, according to code, but didnât know a building permit was required. He has a contractorâs license. The foundations havenât been inspected because the building permit hasnât been issued. The other setbacks are within the limits. It would cause her a hardship to move the home. She is willing to put up trees to block neighborsâ views. The well and septic are not in at this time.

Mr. Childs asked about the degree of hardship ö how much work had been done. Ms. Adams said the Health Department has not inspected since the trailer was moved back 10 feet. Mr. Eick said that 10 feet was the maximum the trailer could be moved. The main drain field is on the other end of the lot.

Mr. Miles visited the site and said it looked too close. There are other issues that have nothing to do with the variance, i.e., the Health Department will take care of their part. There are, however, other things closer to the highway than this trailer.

Mr. Childs invited the citizens present to speak.

Mr. Joe Davis turns on Wildwood Lane to get to his property. He hates to see the neighborhood ãturned in different ways.ä

Mr. Tim Bradleyâs concern is that if the cul-de-sacs are straightened out, it may take part of his property. He has cleared his own property to 55 feet back; spent time and money to follow the regulations. Another concern is his well and how it may be affected by Ms. Adamsâ septic system. Ms. Adams said the septic is located a great distanced from his well.

Mrs. Penny Beamer asked what has constituted ãhardshipä in the past. Mr. Boger read from Section 14-2-4 of the Zoning Ordinance. Part of Mrs. Beamerâs concern is the setting of a precedent for others in the neighborhood to ask for a variance.

Mr. Bill Reager said that before Mr. Purvis sold the property he had prepared a place to put the trailer. Ms. Adams said that where the pad is, water collects on that spot. The trailer has been paced on the high spot of the lot. Mr. Reager asked whether the sewage would leak into the creek and Mr. Childs stated this was a Health Department issue.

Ms. Russell pointed out that the front setback for a road less than 50â wide is 55â; more than 50â wide is 35â. If the road is widened in the future, the trailer will be even closer to the road.

Mrs. Beamer said she was concerned when the trailer was there on another lot. It should have been looked into more thoroughly before moving it and placing it on another lot. Mr. Beamer said that if the trailer stays there, he will have to look at an old dilapidated trailer. This will decrease his property value and prevent him from making money off his own property. The trailer is not good to look at. Ms. Adams should follow the rules. He would contribute several hundred dollars to help her move it. It should not set a precedent for similar requests in the area. Ms. Adams said she didnât think it could be moved any more, based on Health Department information.

Mrs. Lynn Stevenson asked why Mr. Bradley is required to set his house back 55â and Ms. Adams is not. Setbacks should be the same for everyone.

Mr. John Ed Purvis suggested that the BZA go and look at the trailer before a decision is made. Ms. Russell has looked at it several times. The tax map is misleading and the Health Department drawing has also changed. If Mr. Boger says that 15â variance is needed, they must act on that. Ms. Adams repeated that she has spent a lot of money getting the trailer placed and is willing to plant trees around the parameter. Mr. Childs asked what the cost would be to move it so that itâs in compliance with the zoning setbacks. Ms. Adams said it would probably be another $2500 and it may not be possible because of the reserve drain field.

Mr. Stevenson said the same problem is coming up in his area and heâs concerned about the precedent that will be set if this is approved. Mr. Beamer feels the same way. He bought his house based on what could be seen from his property. The trailerâs placement will mean a hardship for him if he decides to sell.

Ms. Russell said she was not enthusiastic about granting a variance this large. She would be interested in knowing if the trailer can be moved to meet zoning and Health Department requirements. If it canât be moved, she could not support the variance. Mr. Boger said that if it can be moved, no variance would be needed. Physical limits may not allow the trailer to be moved, Ms. Cash pointed out. Mr. Miles stated that the people just donât want the trailer there, but there are other trailers in the County, so he feels this should be studied more before making a decision.

Ms. Russell made a motion to continue the case of Ms. Adams until the next BZA meeting, the 1st Monday in March, based on updated information from the Health Department. Mr. Miles seconded the motion and suggested that she get a site plan thatâs more accurate. Mr. Childs asked Ms. Adams to check on the cost of moving the trailer. The Building Permit wonât apply until the variance is allowed or when the variance is not needed. Mr. Boger will speak with Gary regarding the Health Department issues. Ms. Russellâs motion passed 4-0.
Mr. Childs thanked everyone for coming to the meeting.

Approval of Minutes ö Minutes from the December 6, 2004 meeting were reviewed and one correction made: Page 4, Paragraph 1 ö removed the s from condition. Ms. Russell made a motion to approve the minutes as amended, Ms. Cash seconded the motion, and motion passed 4-0.

Other Business: A list of items to be covered in the March meeting was distributed and some background given by Mr. Boger. It was suggested that the March meeting be held in the BOS meeting room since there are more cases to be heard and there may be more public attendance. Speaker guidelines should also be available and enforced.

At 8:45 P. M. Ms. Cash made a motion to adjourn, Mr. Miles provided the second, and motion passed 4-0.

Respectfully submitted,

Betty Fortune
Planning Secretary