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Board of Adjustments

Regular Meeting

Rome, GA · October 19, 2023

AgendaMinutes

Minutes

Rome-Floyd Board of Adjustments Minutes Location: City Hall Sam King Room and Zoom Date: Thursday, October 19, 2023 Time: 2:30 PM PLEASE REFER TO THE VIDEO RECORDING FOR FULL DETAIL OF THE MEETING CALL TO ORDER Meeting convened: 2:30 p.m. led by Chair Abney. Determination of Quorum (4 of 7 needed) P – Present MEMBER Notes STAFF Z – Zoom P Cameron Abney Chair P Frank Beacham - City Attorney P Phil Burkhalter P Chris Jackson – County Attorney (via Zoom) A Will Byington A Bruce Ivey – County Manager P David Clonts Vice Chair P Meredith Ulmer – Asst City Manager P Jarrod Johnson P James Martin – Building Official A Von Lambert P Brice Wood – Director - Planning Department P Terry Williamson P Michelle Kite – Planning Technician P Julia Harris – HPC/Associate Planner P Doug Walker – Public Information Public (from sign-in sheet): Chris Fowler (via Zoom), Jennifer Wolfe (via Zoom), Bill Jones, Michael Diprima, Matthew James, Kyle Sharpe, Russell Owen, Mark Momon, Victoria Kelley, Jennifer L. Massey, Zach Pilcher, Gardner Williams, Melinda Nelson, Virginia Barrett, Jimmy Nelson, Paul Holcombe Welcome and Introduction of Visitors Abney welcomed the public to the meeting and requested that all visitors sign in. Approval of Minutes from September 2023 Meeting Burkhalter made a motion to approve the September 2023 minutes, which was seconded by Johnson. The motion passed by common consent. Approval/Modification of Agenda Request was made to modify the agenda for BOA23-10-05 to be heard last at applicant’s request. Johnson made a motion to approve the agenda with modification, which was seconded by Clonts. The motion passed by common consent. ROME/FLOYD ZONING VARIANCE APPLICATIONS: BOA23-10-01, for the property at 0 Alabama Hwy., Rome, GA 30165, Floyd County Tax Parcel F13Y249, being zoned Suburban Residential (S-R) and requesting to rezone to Community Commercial (C-C), requests to reduce the required parking for a 10,640 sf retail store from 54 spaces (1 per 200 sf) to 35 spaces (1 per 304 sf). 1 Director Wood presented the application, staff report, and staff recommendation. Chair Abney opened the public hearing. Kyle Sharpe was present to speak in favor of the application and to answer any questions. No one was present to speak in opposition. Chair Abney closed the public hearing and opened the floor for discussion amongst the voting members. Johnson made a motion to approve, which was seconded by Williamson. The motion passed 5-0. MEMBER MEMBER MEMBER M - Motion S – Second AB – Abstained Y Cameron Abney Will Byington Von Lambert Y Phil Burkhalter Y David Clonts S Terry Williamson M Jarrod Johnson BOA23-10-02, for the property at 200 E. 4th Ave., Rome, GA 30161, Floyd County Tax Parcel J14C199, being zoned Low Density Traditional Residential (L-T-R), requests to construct an accessory structure that is closer to the public right-of-way and fence taller than 4’ in a front yard. Director Wood presented the application, staff report, and staff recommendation. Chair Abney opened the public hearing. Paul Holcombe was present to speak in favor of the application. No one was present to speak in opposition. Chair Abney closed the public hearing and opened the floor for discussion amongst the voting members. Burkhalter made a motion to approve, which was seconded by Clonts. The motion passed 5-0. MEMBER MEMBER MEMBER M - Motion S – Second AB – Abstained Y Cameron Abney Will Byington Von Lambert M Phil Burkhalter S David Clonts Y Terry Williamson Y Jarrod Johnson BOA23-10-03, for the property at 707 E. 2nd Ave. SW, Rome, GA 30161, Floyd County Tax Parcels J14F175 and J14F179, being zoned Multifamily Residential (M-R), requests to reduce the front signage setback from 20’ to 10’. Director Wood presented the application, staff report, and staff recommendation. Chair Abney opened the public hearing. Gardner Williams and Bill Jones were present to speak in favor of the application and to answer any questions. No one was present to oppose the application. Chair Abney closed the public hearing and opened the floor for discussion amongst the voting members. Johnson made a motion to approve, which was seconded by Burkhalter. The motion passed 5-0. MEMBER MEMBER MEMBER M - Motion S – Second AB – Abstained Y Cameron Abney Will Byington Von Lambert S Phil Burkhalter Y David Clonts Y Terry Williamson M Jarrod Johnson BOA23-10-04, for the property at 3437 Kingston Hwy. NE, Rome, GA 30161, Floyd County Tax Parcel M14037, being zoned Community Commercial (C-C), requests to reduce the required number of parking spaces from 62 parking spaces for a 12,480 sf Dollar General building to 50 parking spaces. Director Wood presented the application, staff report, and staff recommendation. Chair Abney opened the public hearing. 2 Mark Momon, was present to speak in favor. Victoria Kelley received the adjacent neighbor notification letter for the meeting and was present. Zach Pilcher was present and had questions regarding stormwater runoff. Mark Momon confirmed there would be a stormwater detention pond. There was no one present to speak in opposition. Chair Abney closed the public hearing and opened the floor for discussion amongst the voting members. Burkhalter made a motion to approve, which was seconded by Johnson. The motion passed 5-0. MEMBER MEMBER MEMBER M - Motion S – Second AB – Abstained Y Cameron Abney Will Byington Von Lambert M Phil Burkhalter Y David Clonts Y Terry Williamson S Jarrod Johnson BOA23-10-06, for the property at 1046 E. Hermitage Rd. (1046 Hermitage Rd. as listed on the Parcel Viewer), Rome, GA 30161, Floyd County Tax Parcel M11Y011, being zoned Suburban Residential (S-R), requests to maintain a fence that is 6’6”. Director Wood presented the application, staff report, and staff recommendation. Chair Abney opened the public hearing. Chris Fowler was available via Zoom in favor of the application and to answer questions. Jimmy Nelson was present to speak in opposition. Chair Abney closed the public hearing and opened the floor for discussion amongst the voting members. Burkhalter made a motion to approve on condition that the fencing not come closer to the public right-of-way than the house, which was seconded by Williamson. The motion passed 3-2. MEMBER MEMBER MEMBER M - Motion S – Second AB – Abstained Y Cameron Abney Will Byington Von Lambert M Phil Burkhalter N David Clonts S/N Terry Williamson Y Jarrod Johnson BOA23-10-07, for the property at 522 E 8th St., Rome, GA 30161, Floyd County Tax Parcel J14I177, being zoned Suburban Residential (S-R), requests to reduce the rear setback to 2.5 feet. Director Wood presented the application, staff report, and staff recommendation. Chair Abney opened the public hearing. Jennifer Massey was present to speak in favor of the application, as well as, Wanda Michaels. The structure was being built for privacy but they have ceased work since no permit was obtained and a stop work order was issued until variance request was resolved and outcome determined. Matthew James was present to speak in opposition. He provided videos showing stormwater runoff on his property and expressed his concern with the structure being built without a permit and future resale value of the property. Chair Abney closed the public hearing and opened the floor for discussion amongst the voting members. Williamson made a motion to deny, which was seconded by Burkhalter. The motion passed 5-0. MEMBER MEMBER MEMBER M - Motion S – Second AB – Abstained Y Cameron Abney Will Byington Von Lambert S Phil Burkhalter Y David Clonts M Terry Williamson Y Jarrod Johnson BOA23-10-08, for the property at 718 Avenue A, Rome, GA 30165, Floyd County Tax Parcel J13Y481, being zoned Low Density Traditional Residential (L-T-R), requests to reduce the side setback from 5’ to 2’. Director Wood presented the application, staff report, and staff recommendation. Chair Abney opened the public hearing. 3 Bill Jones and Michael Diprima were present to speak in favor of the application and to answer any questions. There was no one present to speak in opposition. Chair Abney closed the public hearing and opened the floor for discussion amongst the voting members. Clonts made a motion to approve as submitted, which was seconded by Burkhalter. The motion passed 5-0. MEMBER MEMBER MEMBER M - Motion S – Second AB – Abstained Y Cameron Abney Will Byington Von Lambert S Phil Burkhalter M David Clonts Y Terry Williamson Y Jarrod Johnson BOA23-10-09, for the property at 0 Billy Pyle Rd., Rome, GA 30165, Floyd County Tax Parcel H13Y678, being zoned Office Institutional (O-I), requests to subdivide the parcel and create a new parcel with 40’ of road frontage and 40’ lot width. Director Wood presented the application, staff report, and staff recommendation. Chair Abney opened the public hearing. Amanda Carter was present to speak in favor and answer any questions if needed. There was no one present to speak in opposition. Chair Abney closed the public hearing and opened the floor for discussion amongst the voting members. Johnson made a motion to approve, which was seconded by Clonts. The motion passed 5-0. MEMBER MEMBER MEMBER M - Motion S – Second AB – Abstained Y Cameron Abney Will Byington Von Lambert Y Phil Burkhalter S David Clonts Y Terry Williamson M Jarrod Johnson BOA23-10-05, for the property at 879 Spider Webb Dr., Rome, GA 30161, Floyd County Tax Parcel J13O057, being zoned Community Commercial (C-C), requests to maintain the sign height at 32’, to maintain the existing setback of 6’ from Martin Luther King Jr Blvd and to maintain the existing setback of 12’ from Spider Webb Drive. Director Wood presented the application, staff report, and staff recommendation. Chair Abney opened the public hearing. Jennifer Wolfe was present to speak in favor of the application via Zoom. She provided a drone video to be played to demonstrate sign visibility issues and in support of why the height variance was needed. She noted that the current sign has great height and visibility and other nearby business have similar signage as well. They are requesting to modify the existing sign, not create something new. There was no one present to speak in opposition. Chair Abney closed the public hearing and opened the floor for discussion amongst the voting members. Clonts made a motion to approve the setback reductions to reuse the existing framework and to deny the request for the height increase. which was seconded by Burkhalter. The motion passed 5-0. MEMBER MEMBER MEMBER M - Motion S – Second AB – Abstained Y Cameron Abney Will Byington Von Lambert S Phil Burkhalter M David Clonts Y Terry Williamson Y Jarrod Johnson NEW BUSINESS: Director Wood discussed potentially moving meetings upstairs to the Commission Chambers for 2024. 4 ADJOURNMENT: The meeting was adjourned at 3:48 pm by common consent. STAFF REPORTS: https://www.romega.us/DocumentCenter/View/2750/BOA23-10-01---Alabama-Hwy https://www.romega.us/DocumentCenter/View/2751/BOA23-10-02---E-4th-Ave https://www.romega.us/DocumentCenter/View/2752/BOA23-10-03---E-2nd-Ave https://www.romega.us/DocumentCenter/View/2753/BOA23-10-04---Kingston-Hwy https://www.romega.us/DocumentCenter/View/2754/BOA23-10-05---Spiderwebb-Dr https://www.romega.us/DocumentCenter/View/2755/BOA23-10-06B---E-Hermitage-Road https://www.romega.us/DocumentCenter/View/2756/BOA23-10-07---E-8th-Street https://www.romega.us/DocumentCenter/View/2757/BOA23-10-08---Ave-A https://www.romega.us/DocumentCenter/View/2758/BOA23-10-09---Billy-Pyle-Rd 5

Agenda

Agenda Board of Adjustments October 19, 2023 Conducted in the Sam King Room of City Hall and via Zoom 2:30 pm Call to Order Recognition of Visitors Determination of Quorum Approval of Minutes from September 2023 Meeting Modification/Approval of the Agenda BOA23-10-01, for the property at 0 Alabama Hwy., Rome, GA 30165, Floyd County Tax Parcel F13Y249, being zoned Suburban Residential (S-R) and requesting to rezone to Community Commercial (C-C), requests to reduce the required parking for a 10,640 sf retail store from 54 spaces (1 per 200 sf) to 35 spaces (1 per 304 sf). BOA23-10-02, for the property at 200 E. 4th Ave., Rome, GA 30161, Floyd County Tax Parcel J14C199, being zoned Low Density Traditional Residential (L-T-R), requests to construct an accessory structure that is closer to the public right-of-way and fence taller than 4’ in a front yard. BOA23-10-03, for the property at 707 E. 2nd Ave. SW, Rome, GA 30161, Floyd County Tax Parcels J14F175 and J14F179, being zoned Multifamily Residential (M-R), requests to reduce the front signage setback from 20’ to 10’. BOA23-10-04, for the property at 3437 Kingston Hwy. NE, Rome, GA 30161, Floyd County Tax Parcel M14037, being zoned Community Commercial (C-C), requests to reduce the required number of parking spaces from 62 parking spaces for a 12,480 sf Dollar General building to 50 parking spaces. BOA23-10-05, for the property at 879 Spider Webb Dr., Rome, GA 30161, Floyd County Tax Parcel J13O057, being zoned Community Commercial (C-C), requests to maintain the sign height at 32’, to maintain the existing setback of 6’ from Martin Luther King Jr Blvd and to maintain the existing setback of 12’ from Spider Webb Drive. BOA23-10-06, for the property at 1046 E. Hermitage Rd. (1046 Hermitage Rd. as listed on the Parcel Viewer), Rome, GA 30161, Floyd County Tax Parcel M11Y011, being zoned Suburban Residential (S-R), requests to maintain a fence that is 6’6”. BOA23-10-07, for the property at 522 E 8th St., Rome, GA 30161, Floyd County Tax Parcel J14I177, being zoned Suburban Residential (S-R), requests to reduce the rear setback to 2.5 feet. BOA23-10-08, for the property at 718 Avenue A, Rome, GA 30165, Floyd County Tax Parcel J13Y481, being zoned Low Density Traditional Residential (L-T-R), requests to reduce the side setback from 5’ to 2’. BOA23-10-09, for the property at 0 Billy Pyle Rd., Rome, GA 30165, Floyd County Tax Parcel H13Y678, being zoned Office Institutional (O-I), requests to subdivide the parcel and create a new parcel with 40’ of road frontage and 40’ lot width. New Business Adjournment

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