Board of Adjustments

BOARD OF ADJUSTMENTS Zoom Meeting Minutes 2:30 P.M. November 19, 2020 MEMBERS PRESENT: Von Lambert, Jeff Williams, Terry Williamson, Will Byington, Eric McDowell, Cameron Abney, Phil Burkhalter MEMBERS ABSENT: None STAFF PRESENT: Artagus Newell, Brittany Griffin, James Martin, Brandon Bowen (Acting City Attorney), Chris Jackson, Brice Wood Public Present: (in Sam King Room) Marti Walstad, Terri Howell, Christa Jackson, Rick & Ruthann Sargent, Sharon Fincher, John Franklin, Susan Carlson, Jack Harris, David McDaniel, Chuck Hardin, Rebecca Johnson, Robert Steinbrugge, Wendi Combes, Ansley Combes, Frank Virdin (Some illegible names have been omitted) (Via Zoom) Bob Ledbetter Jr, Jenny Rittgers, Joe Holmes, Ryan Denbow, Grace Gartman, David Buckel, Matt Henderson, Terri Borchardt, Marshall Mann, Karen Smith, Jennifer Gonzalez, Peg Arey, Blair Burson, Lee Neidrach, Win Walstad, Donna Chambers, Mike Mathews, Paula Blalock, Joan Ledbetter, John Franklin, Jim Moore, Joel Horton, Mary Lucchese (some participants may not have entered their name(s) into the chat for the record, as instructed repeatedly) WELCOME: Chair McDowell called the meeting to order and welcomed everyone at approximately 2:40 PM DETERMINATION OF QUORUM: All members were determined to be present via roll call. REVIEW OF THE MINUTES: The minutes were approved by 6-0 vote, after a motion to approve from Jeff Williams and a second from Terry Williamson. Cameron Abney abstained, as she was not present at the previous meeting. APPROVAL OF AGENDA: Staff requested to modify the agenda by tabling application BOA20-10-07. Terry Williamson made a motion to modify the agenda, which was seconded by Phil Burkhalter. The motion passed unanimously (7-0). APPLICATIONS: BOA20-10-01, 1603 Turner McCall Blvd, and 0 E. 7th St., Rome, GA 30161, Floyd County Tax Parcels J14G168, J14G167, and J14G166. Request: A variance to reduce the setback to 15’ along East 7th Street (J14G168). Request: A variance to reduce the landscape strip along Turner McCall Blvd to 12’ (PIN J14G168). Request: A variance to reduce the landscape strip along East 7th Street to 4’ (PIN’s J14G168 and J14G167). Request: A variance to reduce the landscape strip along Holmes Road to 7’ (PIN J14G166). Request: A variance to reduce the landscape strip to 2’ along north property line (PIN’s J14G168 and J14G167). Request: A variance to reduce the side yard landscape strip for tax parcels J14G167 and J14G166 to 0’. Request: A variance to reduce the building setback to 0’ along the eastern property line of tax parcel J14G167 (adjacent to the N-O- C zoned portion of this redevelopment). Request: A variance to allow existing parking spaces accessible within 10’ of a street right of way line. (PIN J14G166). Applicant: R. H. Ledbetter Properties, LLC. Owner Maggard, Ronald B. Sr., Trustee of the Ronald Maggard Trust. Brice Wood presented the application and staff report. Director Newell presented the staff recommendation of approval. David Buckel was present to speak in favor of the application. The following people spoke in opposition: Christa Jackson, Wendi Combes, Lucy Combes, Marti Walstad, Rick Sargent, Frank Virdin, Jamie Doss, Rebecca Johnson, Peg Arey and Ansley Combes. Their various concerns focused on the possibility of traffic increasing on E. 7th Street and Holmes Drive, as well encroachment on the neighborhood and the safety of the neighborhood/school children. David Buckel then offered a rebuttal. Chair McDowell spoke first, addressing both the applicant and the opposition. Director Newell spoke up to advise that Jeff Williams had to unexpectedly leave the meeting. Terry Williamson spoke about his concerns regarding the amount of information that provided at the last minute and would motioning to table the application to allow for additional information. Brice Wood requested that if the application was tabled that staff be given some guidance on what new information is needed. Terry Williamson advised that he was not seeking more data, but more time to digest it. He made a motion to table the application to the next public meeting. Will Byington asked if the applicant could amend the application to address some of the concerns. David Buckel spoke up and confirmed that he could. Will Byington seconded the motion to table. The motion passed 5-1, with Chair McDowell being the dissenting vote. After the vote there was discussion amongst Chair McDowell, Brandon Bowen and Terry Williamson about whether the participants would be given a second chance to speak again. BOA20-10-04, requests a road frontage reduction from 60’ to 0’ for property off Doyle Rd, Floyd County (Cedartown mailing address) Tax Parcel H19011. Owner: Evelyn and Glenn Boatner/Applicant: Robert and Sarah Garmon. Brice Wood presented the application, staff report and staff recommendation of denial. Mike Mathews and Robert Garmon were present to speak in favor of the opposition. There was no one present to speak in opposition. Phil Burkhalter made a motion to approve, which was seconded by Will Byington. The motion passed 5-1, with Chair McDowell being the dissenting vote. BOA-20-10-08, requests use set back reduction from 200’ to 20’ from any property line, Use set back reduction from 500’ of an adjacent residence to 0’, Reduction of 5’ fence requirement to 42”, at 2535 Shorter Ave., Rome, GA Floyd County Tax Parcels H13X374. Applicant: Gary L. Smith. Brice Wood presented the application and staff report. Director Newell presented the staff recommendation of denial. County Attorney Chris Jackson also spoke about concerns regarding the language and intent of the verbiage within the code. Ed Hine was present to speak in favor of the request. Upon discussion, Chair McDowell commented that staff would have liked to table the application, which would be an option. Will Byington commented that he had never seen a carnival variance before. Will Byington made a motion to approve. There was no second. Terry Williamson made a motion to deny, which was seconded Phil Burkhalter. The motion passed 5- 1, with Will Byington being the dissenting vote. BOA20-11-01, requests 60 foot road frontage requirement be reduced to 50 feet, requests that the rear setback along 805.51 line be reduced to 0 feet, requests the rear setback line along the line measuring 677.53 feet be reduced from 30 feet to 0 feet for the parcel, per the proposed plat located at 2204 Shorter Avenue, Floyd County Tax Parcel H13W391. Applicant: Big V Property Group. Owner: Mike Rosenberg (COO). Brice Wood presented the application and staff report. Director Newell presented the staff recommendation of approval. Chuck Hardin was present to speak in favor of the application. There was no one present to speak in opposition. Phil Burkhalter made a motion to approve, which was seconded by Terry Williamson. The motion passed 6-0. Will Byington announced that he would have to leave the meeting to attend to a family matter. Brice Wood accidentally presented the next two applications out of order compared to how they appear on the agenda. Vonn Lambert made a motion to amend the agenda, which seconded by Cameron Abney. The motion carried 5-0. BOA20-11-03, requests a six-foot tall privacy fence that will run along the southwestern property line of the new parcel subdivided from parcel K12Z122. The requested privacy fence will run from 60 feet off the front property line and go back 300 feet. The property is located at 2192 Calhoun Hwy. Applicant/Owner: Wendell Fincher. Brice Wood presented the application and staff report. Director Newell presented the staff recommendation of denial. Sharon Fincher and David McDaniel were present to speak in favor of the application. There was no one present to speak in opposition. Cameron Abney made a motion to deny, which was seconded by Phil Burkhalter. The motion to deny passed 5-0. BOA20-11-02, requests to increase the fence height from four to six feet for a privacy fence that runs in front of the primary residential structure for the property located at 2198 Calhoun Hwy. Applicant/Owner: Wendell Fincher. Brice Wood presented the application and staff report. Director Newell presented the staff recommendation of denial. David McDaniel and Sharon Fincher were present to speak in favor of the application. There was no one present to speak in opposition. Upon discussion, Terry Williamson questioned staff about the zoning requirements for fences in residential districts. Brice Wood described the fencing requirements for the residential zoning districts, per the ULDC. Von Lambert made a motion to approve the fence on the condition that it not be expanded or increased in height. Phil Burkhalter questioned the need to approve a variance that goes against the code. Von stated that he was fine with the fence because it does not block the view of the road. Terry Williamson seconded the motion. The motion passed 3-2, with Abney and Burkhalter being the dissenting votes. Chair McDowell welcomed Cameron Abney to the Board. OTHER BUSINESS: Director Newell recognized Jeff Williams for his service to the Board of Adjustments, explaining that this was his last meeting. Von Lambert suggested sending Jeff a card. Chair McDowell agreed, but recommended sending one to former Vice Chair Hatch as well. Director Newell also discussed changing the meeting date and time for 2021. ADJOURNMENT: There being no further business to bring before this body, the meeting of the Board of Adjustments was adjourned by a 5-0 vote, on a motion by Cameron Abney and a second by Williamson.