Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES June 21, 2006 MEMBERS PRESENT Ms. Klungness asked whether it would be more Connie Klungness, Chairperson, Harold Smith, appropriate to table the petition since the Vice Chairperson, Kevin Guion, Rudy Williams petitioner, as of yet, doesn’t have a strong and Michelle Weatherspoon prospective location in mind which Mr. Stires agreed with. MEMBERS ABSENT Mr. Guion moved to table Petition 11-06. Mr. None Williams seconded. Motion passed; 4 yes, 0 no. OTHERS PRESENT PETITION #15-06 SUBMITTED BY BIBLE HOLINESS CAMP FOR A SPECIAL Michael Widing, Development Director EXCEPTION FOR A CHURCH AND PETITION Dave Wilbur, Senior Zoning Administrator #15A-06 FOR A VARIANCE FROM THE Amy Rhodes, Board Secretary; and SIDEWALK REQUIREMENT LOCATED AT William C. Kreegar, Assistant City Attorney 2700 GREAT COMMISSION STREET. ROLL CALL AND DECLARATION OF A Mr. Stires explained this petition needed QUORUM continued. Mrs. Klungness called the meeting to order at Mr. Williams asked for Petition #15-06 and 4:35 p.m. Ms. Rhodes took roll call and Petition #15A-06 to be continued until the July 5, declared a quorum with four (4) members in 2006 meeting. Ms. Weatherspoon seconded. attendance. All members were present, except Motion passed; 4 yes, 0 no. Mr. Smith, who arrived at approximately 4:45pm. PETITION #14-06 SUBMITTED BY PROJECT Mr. Guion performed the invocation and the ECHO, ANDERSON CORPORATION FOR Pledge of Allegiance was recited. ECONOMIC DEVELOPMENT, CYNTHIA J. BENNETT, LAWRENCE E. AND JOAN C. MINUTES DOSZTAN, ERNEST N. AND JANET HITE, ERIC Q. HITE AND RICHARD C. MORT FOR A Mr. Williams moved to approve the May 3, 2006 SPECIAL EXCEPTION FOR AN I-3 minutes as received. Ms. Weatherspoon INDUSTRIAL PLANNED DEVELOPMENT AND seconded. Motion passed unanimously; 4 yes, PETITION #14A-06 FOR A VARIANCE FROM 0 no. THE BUILDING HEIGHT REQUIREMENT AND PETITION #14B-06 FOR A VARIANCE FROM BUSINESS THE NUMBER OF LOADING / UNLOADING BERTHS (SHALL NOT FACE ON PETITION #11-06 SUBMITTED BY CINGULAR BORDERING HIGHWAY) LOCATED AT 4300 WIRELESS C/O DOUBLE TAKE, LLC AND WEST 73RD STREET. LEONARD DUMMITT FOR A SPECIAL EXCEPTION FOR A RADIO OR TELEVISION Mr. Stires explained the details of this petition TOWER (CELLULAR TOWER) LOCATED AT and its variances. He showed that all Figure 9 32 JACKSON STREET. (CONTINUED 5-3-06) requirements had been met and suggested approval of this petition. Mr. Stires explained that this petition was continued at the May 3, 2006 meeting and that Mr. James Hale, a Civil Engineer for Project the petitioner was still looking for the best Echo from the Stellar Group in Jacksonville, possible location for their tower and thus Florida, came forward to answer questions and required another continuance. provide further details on the project as a whole 1 and the reason for the special exception, approval of the proposed variance would not waivers and variances for the petition. adversely affect the surrounding properties, because it is in a zoned business area and has Ms. Klungness asked for a clarification of the low visibility; the strict application of the terms of site location, vicinity and directional attributes the zoning ordinance would result in practical which Mr. Hale addressed. Ms. Klungness then difficulties in the use of the property, if the opened the discussion up to others for questions proposed variance were denied because it of Mr. Hale concerning the project or petition. would be inhibiting the growth of business and employment to the community. Ms. Mr. Williams asked about several aspects of the Weatherspoon seconded. Motion was passed; 5 project regarding the special exception and yes, 0 no. variance for the taller than allowed building height, and the variance for additional loading Mr. Williams moved to approve Petition #14A-06 and unloading berths including their location. based on the following findings of fact: the approval of the proposed variance would not be Mr. Hale explained the reasons for these injurious to the public health, safety, morals and variances – the variance on height being for the general welfare of the community, because the warehousing technique they plan to use and the variance would occur on their own property; the automated technology to operate that and the approval of the proposed variance would not variance for additional loading and unloading adversely affect the surrounding properties, berths to accommodate current and future because it is located a fair distance from the production with the location facing Interstate 69 highway with low visibility; and the strict being the best business decision with application of the terms of the zoning ordinance anticipation for future growth and possible would result in practical difficulties in the use of directions of expansion. Mr. Hale also the property, if the proposed variances were addressed the issues of lack of landscaping and denied because the business wouldn’t be able to a rodent strip both of which are a means of operate effectively in our community. Mr. Guion deterring pests from entering the plant. seconded. Motion was passed; 5 yes, 0 no. Mr. Guion asked Mr. Hale about the Mr. Williams moved to approve Petition #14-06 adequateness of parking in regards to visitors with waivers on cross-access, sidewalks and and shift sizes. curbing based on the following findings of fact: the proposed special exception is in a proper Mr. Hale stated that the planned parking areas zone district; the requirements for Figure 9 have would not only accommodate predicted visitors been met or variances have been granted; the and employees now, but was designed with proposed special exception will serve a public future growth in mind. need and convenience, because of added jobs to the community; the proposed special Mr. Williams questioned Mr. Hale about the exception will not permanently injure the waiver on cross access which Mr. Hale appropriate use of the surrounding properties, explained was not conforming to the neighboring because it sits in a rural area; and the proposed properties along with the sidewalks both of special exception is consistent with the spirit, which would cause safety concerns for the intent and purpose of the zoning ordinances, intended use of the property and facility. because it promotes the use of the business park. Mr. Smith seconded. Motion was passed; Mrs. Klungness asked if there were any further 5 yes, 0 no. questions or discussion in favor or against these issues. MISCELLANEOUS Mr. Williams moved to approve Petition #14B-06 Mr. Stires provided an update on Madison Park. based on the following findings of fact: the approval of the proposed variance would not be Also, Mr. Stires made the Board aware of the injurious to the public health, safety, morals and Conflict of Interest Disclosure Statement Mr. general welfare of the community, because it is Williams had provided the City in regards to his located in a rural area and sits a good distance lawn service business. A motion was made and from the highway here it isn’t as visible; the 2 seconded to approve the acceptance of the statement. The motion passed; 5 yes, 0 no. ADJOURNMENT A motion was made for adjournment and seconded. Meeting adjourned at 5:20 p.m. BY: ________________________________ Connie Klungness, Chairperson ATTEST: ______________________________ Amy Rhodes, Board Secretary 3