Board of Zoning Appeals

BOARD OF ZONING APPEALS MINUTES MAY 2, 2012 MEMBERS PRESENT: Mr. Owens stated this property is located in Rudy Williams, Chairperson the 5400 through 5500 blocks of South Greg Spencer, Vice Chairperson Scatterfield Road on the east side and the Connie Klungness, Member 2000 through 2100 blocks of East 53rd Street Harold Smith, Member on the south side. This property is the site of John Suko, Member the long time local car dealership, Ed Martin of Anderson. MEMBERS ABSENT: Mr. Owens stated the petitioner is returning to the Board asking for a variance for OTHERS PRESENT: sidewalks that were approved along Frank Owens, Director Scatterfield Road at the August 2011 meeting. Dave Wilbur, Senior Zoning Administrator The petitioner is concerned if the sidewalks Anna Lise Allman, Board Secretary; and are constructed they would be a danger to William Byer, Attorney pedestrian traffic. Mr. Owens stated staff is not recommending ROLL CALL AND DECLARATION OF A approval of the variance for this project. QUORUM: Mr. Ken Montgomery, 3917 Knollwood Lane, Mr. Williams called the meeting to order at stated the Ed Martin project was brought 4:41 p.m. Mrs. Allman took roll call and before this Board asking for a reduction in the declared a quorum with five members in green space requirement in August 2011. attendance. Mr. Williams performed the Since they were asking for that reduction, the Invocation and led the Pledge of Allegiance. previous administration suggested the sidewalks be included in the site plan. Mr. Montgomery added the property line on Scatterfield Road is right at the edge of the MINUTES: pavement and drops off into a ditch. There Mr. Spencer made a motion to approve the are also utility poles in the way. March 7, 2012 minutes. Mr. Smith seconded the motion. Motion passed; 5 yes, 0 no. Mr. Montgomery stated Mr. Tim Stires, former Assistant Director, suggested the petitioners put the sidewalk on the property BUSINESS: line side, level with the pavement. The owner of Ed Martin did not like that idea, the traffic, especially during lunch time is busy. PETITION #4-12 SUBMITTED BY ED MARTIN OF Mr. Montgomery stated in front of the former ANDERSON, LLC FOR A VARIANCE Robert Hall store, the State Highway property FROM THE SIDEWALK line is about six to eight feet from the actual REQUIREMENTS LOCATED IN THE curb line of traffic. The State High said they 5400 THROUGH 5500 BLOCKS OF would not let them build a sidewalk there. At SOUTH SCATTERFIELD ROAD ON THE that property line is where the property starts EAST SIDE AND THE 2000 THROUGH for the paving and car display. Mr. 2100 BLOCKS OF EAST 53RD STREET ON Montgomery stated they are asking for the THE SOUTH SIDE 1 variance to omit the sidewalk in front of Chrysler and the sidewalk in front of Budget MISCELLANEOUS: Rental, along 53rd Street. Mr. Spencer asked Mr. Byer if it would be ok Mr. Williams asked if the petitioner was if some of the members of this Board came to wanting a variance from all of the sidewalks? the AD HOC meeting at the Library? Mr. Montgomery stated yes, the sidewalk Mr. Byer stated there should be no problem; along Scatterfield Road is for safety and the there will be no policy decisions or voting on one on 53rd Street is because the State anything. Highway will not allow them to build on their property. There are only six to seven feet Mr. Spencer invited the members to attend between the property line and the street. the AD HOC meeting at the Library. He There are a couple of utility lights in between explained what the meeting will be about. there as well. Mr. Smith stated the plans he has shows a rolled curb on Scatterfield Road. Meeting adjourned at 5:57 pm Mr. Montgomery stated they are putting a rolled curb there because they have to control BY: ______________________________ some water flow, per City Engineers request. Mr. Williams, Chairperson There is no curb there now. ATTEST: ___________________________ Mr. Smith stated he does not understand why Anna Allman, Board Secretary a sidewalk on the 53rd Street side can not be built. Mr. Montgomery stated the petitioner doesn’t have any problems with building a sidewalk along the front of the Chrysler building, but the one on down we can’t build it on the state highway property and it is where the cars are parked now. There is not that much difference. Mrs. Klungness asked Mr. Montgomery if he had a letter from the State stating they the petitioner can not build a sidewalk there? Mr. Montgomery stated no, he did not have letter from the State, but he the State did tell him verbally. Mrs. Klungness stated she would like to see a letter stating that. Mrs. Klungness asked if there was any kind of letter from an insurance agency stating it would be too dangerous to install sidewalks? 2