Board of Adjustments

BOARD OF ADJUSTMENTS Zoom Meeting Minutes 2:30 P.M. December 17, 2020 MEMBERS PRESENT: Von Lambert, Jeff Williams, Terry Williamson, Will Byington, Eric McDowell, Cameron Abney, MEMBERS ABSENT: Phil Burkhalter STAFF PRESENT: Artagus Newell, Brittany Griffin, James Martin, Brandon Bowen (Acting City Attorney), Chris Jackson, Brice Wood Public Present: David Buckel, Bob Ledbetter, Charles Temple, Dee Brewer, Natalie Craig, John Franklin, Karen Smith, Marti Walstad, Bob Babcock, Howard Babcock, David Blankenship, Bobby Jones, Matthew Manning, Bill Temple, Jack Harris, Rick Sargent, Christa Jackson, Terri Howell, Olivia Morley, WELCOME: Chair McDowell called the meeting to order and welcomed everyone at approximately 2:30 PM DETERMINATION OF QUORUM: A quorum was determined via roll call. REVIEW OF THE MINUTES: The minutes were approved by 5-0 vote, after a motion to approve from Terry Williamson and a second from Will Byington. APPROVAL OF AGENDA: Staff requested to modify the agenda by tabling application BOA20-10-07. Cameron Abney made a motion to modify and approve the agenda, which was seconded by Terry Williamson. The motion passed unanimously (5-0). 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. David Buckel, Bob Ledbetter and Charles Temple were present to speak on behalf of the application. The following people were present to speak in opposition to the application: Dee Brewer, Natalie Craig, John Franklin, Karen Smith and Marti Walstad all spoke in opposition. These folks expressed concerns regarding safety for residents and school children, as well as encroachment on their residential community, traffic congestion. Mrs. Walstad spoke about a petition of opposition that reportedly had over 700 signatures. Before the rebuttal, Chair McDowell asked David Buckel to speak about the traffic count. Buckel explained that the traffic counts were from 2019. Von Lambert interrupted to say that he had technical issues and missed some of the discussion. Will Byington asked staff whether City Engineering and Public Works had commented on the application. Wood advised that Engineering had recommended the entrances from the side streets to alleviate traffic congestion from Turner McCall Blvd. Terry Williamson asked about the number of parking space on the rear N-O-C parcel. Wood explained that the parking is existing and will stay, minus two spaces that are within the setbacks. Williamson questioned the entrance/exit on the N-O-C parcel. David Buckel explained that parking is existing, but agreed to reduce the spaces in the setback, but that the plan had always included using the existing entrance/exit. Chair McDowell asked staff to show the traffic count. Staff did so Buckel could explain the entrances and exits. Williamson questioned the petition. Walstad explained the origin of the petition. Wiliamson questioned the peaktiming of the traffic study. Buckel explained the morning and afternoon time periods. Chair McDowler questioned when the Popeye’s would open. Joe Holmes said 10:00 AM. Von Lambert reminded everyone that he is a member of the neighborhood and that he supports the neighobrhood, expressing concern for pedestrians. Lambert reminded everyone that the denial of this application would not prevent another business from causing the same traffic problems. Lambert asked staff to expand on the potential uses that the current zoning would allow for by right. Chair McDowell requested a motion. Will Byington made a motion to approve, which was seconded by Cameron Abney. The motion failed 2-3, with Lambert, Williamson and McDowell in opposition. After the vote, Brandon Bowen requested a vote that leads to a majority decision. Director Newell confirmed that a failed vote is a majority decision. BOA20-12-01, requests a variance to allow for a secondary structure on a parcel that currently has no primary structure for the property located at 14 View Drive, Rome, GA 30161, Floyd County Tax Parcel K14W248. Applicant/Owner: William Howard Babcock. Brice Wood presented the application and staff report. Bob Babcock and Howard Babcock were present to speak on behalf of the application. The gentlemen spoke about the plans for the property and the history of the property. There was no one present to speak in opposition. Terry Williamson questioned whether vehicles were being repaired on the property. Bob Babcock stated that he has only repaired vehicles for his family. Von Lambert requested a reminder of the staff recommendation. Wood reminded Lambert that staff recommended denial. Terry Williamson made a motion to deny, which was seconded by Cameron Abney. The motion passed 5-1, with Chair McDowell being the dissenting vote. BOA20-12-03, requests a variance to allow for a secondary structure on a parcel that currently has no primary structure for the property located at 196 Adams Circle, Silver Creek, GA 30173, Floyd County Tax Parcel J16Z102. Applicant/Owner: Jaime Domingo Hernandez. Brice Wood presented the application and staff report. There was no one present to speak on behalf of the application. Mr. Hernandez reportedly has technical issues. There was no one present to speak in opposition to the request. Will Byington made a motion to approve on the condition that it meet all setbacks and only be used for personal use. Terry Williamson seconded the motion. The motion passed 5-0. BOA20-12-04, requests a variance to allow for a secondary structure on a parcel that currently has no primary structure for the property located at 0 Burnett Ferry Road, Rome, GA 30165, Floyd County Tax Parcel G14W136. Applicant/Owner: David Blankenship. Brice Wood presented the application and staff report. David was present to speak on behalf of the application. There was no one present to speak in opposition. Chair McDowell asked about the location of the building because Wood stated that accessory buildings cannot be any closer to the road that the primary building. Blankenship stated that the topography of the land would necessitate putting the garage closer to the road. Wood showed the site plan for the propose garage. Chair McDowell summarized the staff report, explaining that it would be an additional variance request to place the house behind the proposed garage. Cameron Abney questioned how many of the existing trees would be kept. Blankenship stated that he planned to keep as many trees as possible for privacy from Burnett Ferry Road. Cameron Abney made a motion to approve on the condition that the building meet setback requirements and only be used for personal use., which was seconded Terry Williamson. The motion passed 5-0. BOA20-12-06, requests a variance to reduce the front setback on Grover Street from 20 feet to 10 feet to allow for the construction of a new home at 600 Pennington Avenue, Rome, GA 30161, Floyd County Tax Parcel I14W561. Applicant/Owner: South Rome Redevelopment Corporation. Brice Wood presented the application and staff report. Bobby Jones was present to speak on behalf of the application. Director Newell advised that he sits on the Board of the South Rome Redevelopment Organization, but has no financial investment. Chair McDowell advised that his wife is also a supporter, but that he also has no financial investment. There was no one present to speak in opposition. Will Byington made a motion to approve, which was seconded by Von Lambert. The motion passed 5-0. BOA20-12-07, requests a variance to reduce the front setback to 0 feet for the road frontage along Second Avenue for the property located at 304 Turner McCall Blvd, Rome, GA 30161, Floyd County Tax Parcel J13Y219. Applicant/Owner: Matthew Manning/Hospital Authority of Floyd County. Will Byington advised that he would abstain from the vote because he is an employee of Floyd Medical Center. Brice Wood presented the application and staff report. Matthew Manning was present to speak on behalf of the application. There was no one present to speak in opposition. Terry Williamson questioned whether the proposed expansion would impede the line of sight for ambulances coming in and out of the property. Manning stated that the line of sight would not be impacted. Cameron Abney made a motion to approve, which was seconded by Von Lambert. The motion passed 4-0. Election of Chair and Vice Chair: Brice Wood requested discussion and/or nominations for the 2021 Chair and Vice Chair. Chair McDowell offered to continue as Chair, if desired, but that he would not nominate himself. Cameron Abney nominated Eric McDowell, which was seconded by Von Lambert. The motion passed 5-0. Chair McDowell nominated Terry Williamson as Vice Chair. Williamson accepted the nomination, which was seconded by Will Byington. The motion passed 5-0. Chair McDowell asked about the date and time slot for meetings in 2021. Director Newell advised that a date and time had not be selected. 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 Terry Williamson.