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FORSYTH COUNTY ZONING BOARD OF APPEALS
REGULAR MEETING
JULY 6, 2004
Chairman Dana Miles called the meeting to order.
MEMBERS PRESENT: Dana Miles, Fred Kerr, Brian Martin, John Mobley and Joe Staffieri
MEMBERS ABSENT: None
Also Present: John Barlow, Planner; Susan Green, Planner Technician
Chairman Dana Miles conducted the Pledge of Allegiance.
There was a motion by John Mobley and a second by Fred Kerr to adopt the minutes of May 4, 2004. Motion carried unanimously. There was a motion by Fred Kerr and a second by John Mobley to adopt the minutes of June 1, 2004.
UNDER ANNOUNCEMENTS THE FOLLOWING ACTION WAS TAKEN:
Pursuant to Section 6-6.1 of the Unified Development Code, the findings and decisions of the Zoning Board of Appeals shall be final unless a person aggrieved shall, within ten (10) days of such decision, petition the Board of Commissioners of Forsyth County to review the decision. At the end of this ten (10) day period, it shall be the responsibility of each applicant to check with the Department of Planning and Development to confirm whether or not such an appeal has been made.
Pursuant to Section 8-4.3 (C) of the Unified Development Code of Forsyth County, persons wishing to speak on any proposal shall provide their name, address, and telephone number to the Planning Department staff prior to the time of speaking at this public hearing. You may obtain a copy of this form in the foyer of this meeting room.
There was a motion by Fred Kerr and a second by Joe Staffieri to approve the applicants Barbara Megahee (AB #04-103) and Amy Burruss (AB #04-079) request of withdrawal of their appeal applications.
Motion carried unanimously.
There was a motion by Dana Miles and a second by Fred Kerr to postpone appeal application AB #04-110 Johnathan G. Mobley until August 3, 2004.
Motion carried with 4 members in favor (Dana Miles, Fred Kerr, Brian Martin and Joe Staffieri) and 1 member abstained from the vote (John Mobley).
UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
None
UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
1. Rabon Keith Sapp – AB #04-096
RABON KEITH SAPP has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 11.2 (a). This request involves a front yard variance of 15 feet to allow a home to be built 15 feet from the edge of the right-of-way instead of the required 30 feet. The appellant is also requesting a rear yard variance of 5 feet to allow a home to be built 20 feet from the rear property line instead of the required 25 feet. The property is located in Shorewood Subdivision, Lot 184 and 185, on Four Mile Creek Road and is currently zoned R2R (Single Family Residential Restricted). There was one person present in opposition to this request. There was a motion by Dana Miles and a second by Fred Kerr to deny this variance request.
Motion carried with 4 members in favor (Dana Miles, Fred Kerr, John Mobley and Joe Staffieri) and 1 member opposed (Brian Martin).
2. Homes By Brumby – AB #04-097
HOMES BY BRUMBY @ PRINCETON SQUARE, LLC has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 11.2 (a). This request involves a front yard variance of 4 feet to allow a home to remain 26 feet from the edge of the right-of-way instead of the required 30 feet. The property is located in Princeton Square Subdivision, Lot 174, 5055 Princeton Trace and is currently zoned R2R (Single Family Residential Restricted). There was no one present in opposition to this request. There was a motion by Fred Kerr and a second by Brian Martin to approve this variance request with the condition as follows:
1. The applicant has 5 days to submit a letter of authorization to allow representative to speak for applicant at meeting.
Motion carried unanimously.
3. Deborah A. Stanford – AB #04-098
DEBORAH A. STANFORD, J.R. STANFORD, INC. has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 15.2. This request involves a front yard variance of 20 feet to allow a garage to be built 30 feet from the edge of the right-of-way instead of the required 50 feet. The appellant is also requesting a side yard variance of 5 feet to allow a garage to be built 20 feet from the side property line instead of the required 25 feet. The property is located at 6319 Lively Way and is currently zoned A1 (Agricultural). There was no one present in opposition to this request. There was a motion by Dana Miles and a second by John Mobley to approve this variance request.
Motion carried unanimously.
4. William E. Ernst – AB #04-099
WILLIAM E. ERNST has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 12.2. This request involves a side yard buffer variance of 15 feet to allow the buffer to remain 25 feet along the north property line instead of the required 40 foot buffer. The property is located at 1646 Peachtree Parkway and is currently zoned CBD (Commercial Business District). There was no one present in opposition to this request. There was a motion by Dana Miles and a second by John Mobley to approve this variance request with the condition as follows:
The remaining 25 foot buffer is to be planted to County standards.
Motion carried with 3 members in favor (Dana Miles, John Mobley and Brian Martin) and with one member abstaining from the vote.
Dana Miles abstained from hearing for the Cathy Bottomy Margarahan application.
5. Cathy Bottomy Margarahan – AB #04-100
CATHY BOTTOMY MAGARAHAN has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 11.2 (a). This request involves a front yard variance of 24 feet to allow a carport to remain 6 feet from the edge of the right-of-way instead of the required 30 feet. The property is located in Linger Longer Estates Subdivision, Lot 8, 5615 Linger Longer Road and is currently zoned R2R (Single Family Residential Restricted). There were two people present in opposition to this request. There was a motion by Fred Kerr and a second by Brian Martin to deny this variance request.
Motion carried unanimously.
6. Carolyn Peltier – AB #04-101
CAROLYN PELTIER / DR. GORDON J. PELTIER has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 14.2. This request involves abolishment of the required 60 foot undisturbed buffer along the south property line and the east property line. The property is located in Bethel II Industrial Park, Lot 9, Parkway North Drive and is currently zoned M1 (Restricted Industrial). There was no one present in opposition to this request. There was a motion by John Mobley and a second by Dana Miles to approve this variance request.
Motion carried unanimously.
7. Shakerag Land Equity LP – AB #04-102
SHAKERAG LAND EQUITY LP has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 11.2 (a). This request involves a lot width variance of 70 feet to allow a home to be built at a lot width of 30 feet instead of the required 100 foot lot width. The applicant is also requesting a side yard variance of 25 feet to allow a home to be built 25 feet from the side property line instead of the required 50 feet. The property is located in St. Marlo Subdivision, Lot 1745, 8940 Colonial Place and is currently zoned CR1 (Single Family Community Residential). There was no one present in opposition to this request. There was a motion by Brian Martin and a second by Dana Miles to approve this variance request.
Motion carried unanimously.
8. Hunt Donaldson – AB #04-104
HUNT DONALDSON / CON-STRUCTURAL ENTERPRISES has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 15.2. This request involves a side yard variance of 15 feet to allow a garage to remain 10 feet from the side property line instead of the required 25 feet. The property is located in Twin Branches Subdivision, Lot 19, 3535 Alexander Circle and is currently zoned A1 (Agricultural). There was no one present in opposition to this request. There was a motion by Joe Staffieri and a second by Dana Miles to approve this variance request.
Motion carried unanimously.
9. Walter Bowen – AB #04-105
WALTER BOWEN / AGENT FOR SPIRIT BAPTIST CHURCH has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 15.1 (4). This request involves abolishment of the required 50 foot undisturbed buffer along the north property line and the east property line. The property is located at 6910 Nix Road and is currently zoned A1 (Agricultural). There were two people present in opposition to this request. There was a motion by Dana Miles and a second by Fred Kerr to deny this variance request.
Motion carried with 3 member in favor (Dana Miles, Fred Kerr and Joe Staffieri) and 2 members opposed (John Mobley and Brian Martin).
10. Robert Harris Homes – AB #04-106
ROBERT HARRIS HOMES has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Section 20-4.8 and Section 20-4.5 (d). This request involves a front yard variance of 2 feet to allow a porch to remain 18 feet from the edge of the right-of-way instead of the required 20 feet. The property is located in Park Chase Subdivision, 2140 Hemrick Road, Lot #3 and is currently zoned PUD (Planned Unit Development). There was no one present in opposition to this request. There was a motion by Fred Kerr and a second by Brian Martin to approve this variance request.
Motion carried unanimously.
11. Charles R. Andrews III – AB #04-107
CHARLES R. ANDREWS III has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Section 18-5.15 and Section 18-3.1. This request involves an undisturbed stream buffer variance of 10 feet to allow the undisturbed stream buffer to be 25 feet instead of the required 35 feet. The appellant is also requesting a lot to be served by an easement in a major subdivision. The property is located in Valley Stream Subdivision, 6479 Valley Stream Drive, Lot #84 and is currently zoned A1 (Agricultural). There was no one present in opposition to this request. There was a motion by John Mobley and a second by Fred Martin to approve this variance request.
Motion carried unanimously.
12. R H Homes Development – AB #04-108
R H HOMES DEVELOPMENT, LLC has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 11.2 (a) and Section 20-4.5 (d). This request involves a rear yard variance of 1.6 feet to allow a home to remain 23.4 feet from the rear property line instead of the required 25 feet. The property is located in Stonebrooke Commons Subdivision, Gateview Court, Lot #158 and is currently zoned R3 (Multi-Family Residential / Planned Unit Development). There were two people present in opposition to this request. There was a motion by Fred Kerr and a second by Dana Miles to approve this variance request.
Motion carried with 3 members in favor (Fred Kerr, Dana Miles and Joe Staffieri) and 2 members opposed (John Mobley and Brian Martin).
R H HOMES DEVELOPMENT, LLC has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 11.2 (a) and Section 20-4.5 (d). This request involves a rear yard variance of 1.5 feet to allow a home to remain 23.5 feet from the rear property line instead of the required 25 feet. The property is located in Stonebrooke Commons Subdivision, Gateview Court, Lot #159 and is currently zoned R3 (Multi-Family Residential / Planned Unit Development). There were two people present in opposition to this request. There was a motion by Fred Kerr and a second by Dana Miles to approve this variance request.
Motion carried with 3 members in favor (Fred Kerr, Dana Miles and Joe Staffieri) and 2 members opposed (John Mobley and Brian Martin).
R H HOMES DEVELOPMENT, LLC has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 11.2 (a) and Section 20-4.5 (d). This request involves a rear yard variance of 1.1 feet to allow a home to remain 23.9 feet from the rear property line instead of the required 25 feet. The property is located in Stonebrooke Commons Subdivision, Gateview Court, Lot #160 and is currently zoned R3 (Multi-Family Residential / Planned Unit Development). There were two people present in opposition to this request. There was a motion by Fred Kerr and a second by Dana Miles to approve this variance request.
Motion carried with 3 members in favor (Fred Kerr, Dana Miles and Joe Staffieri) and 2 members opposed (John Mobley and Brian Martin).
R H HOMES DEVELOPMENT, LLC has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 11.2 (a) and Section 20-4.5 (d). This request involves a rear yard variance of 0.9 feet to allow a home to remain 24.1 feet from the rear property line instead of the required 25 feet. The property is located in Stonebrooke Commons Subdivision, Gateview Court, Lot #161 and is currently zoned R3 (Multi-Family Residential / Planned Unit Development). There were two people present in opposition to this request. There was a motion by Fred Kerr and a second by Dana Miles to approve this variance request.
Motion carried with 3 members in favor (Fred Kerr, Dana Miles and Joe Staffieri) and 2 members opposed (John Mobley and Brian Martin).
R H HOMES DEVELOPMENT, LLC has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 11.2 (a) and Section 20-4.5 (d). This request involves a rear yard variance of 1.3 feet to allow a home to remain 23.7 feet from the rear property line instead of the required 25 feet. The property is located in Stonebrooke Commons Subdivision, Gateview Court, Lot #162 and is currently zoned R3 (Multi-Family Residential / Planned Unit Development). There were two people present in opposition to this request. There was a motion by Fred Kerr and a second by Dana Miles to approve this variance request.
Motion carried with 3 members in favor (Fred Kerr, Dana Miles and Joe Staffieri) and 2 members opposed (John Mobley and Brian Martin).
R H HOMES DEVELOPMENT, LLC has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 11.2 (a) and Section 20-4.5 (d). This request involves a rear yard variance of 1.1 feet to allow a home to remain 23.9 feet from the rear property line instead of the required 25 feet. The property is located in Stonebrooke Commons Subdivision, Gateview Court, Lot #163 and is currently zoned R3 (Multi-Family Residential / Planned Unit Development). There were two people present in opposition to this request. There was a motion by Fred Kerr and a second by Dana Miles to approve this variance request.
Motion carried with 3 members in favor (Fred Kerr, Dana Miles and Joe Staffieri) and 2 members opposed (John Mobley and Brian Martin).
R H HOMES DEVELOPMENT, LLC has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 11.2 (a) and Section 20-4.5 (d). This request involves a rear yard variance of 1.2 feet to allow a home to remain 23.8 feet from the rear property line instead of the required 25 feet. The property is located in Stonebrooke Commons Subdivision, Gateview Court, Lot #164 and is currently zoned R3 (Multi-Family Residential / Planned Unit Development). There were two people present in opposition to this request. There was a motion by Fred Kerr and a second by Dana Miles to approve this variance request.
Motion carried with 3 members in favor (Fred Kerr, Dana Miles and Joe Staffieri) and 2 members opposed (John Mobley and Brian Martin).
R H HOMES DEVELOPMENT, LLC has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 11.2 (a) and Section 20-4.5 (d). This request involves a rear yard variance of 0.7 feet to allow a home to remain 24.3 feet from the rear property line instead of the required 25 feet. The property is located in Stonebrooke Commons Subdivision, Gateview Court, Lot #165 and is currently zoned R3 (Multi-Family Residential / Planned Unit Development). There were two people present in opposition to this request. There was a motion by Fred Kerr and a second by Dana Miles to approve this variance request.
Motion carried with 3 members in favor (Fred Kerr, Dana Miles and Joe Staffieri) and 2 members opposed (John Mobley and Brian Martin).
R H HOMES DEVELOPMENT, LLC has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 11.2 (a) and Section 20-4.5 (d). This request involves a rear yard variance of 1 foot to allow a home to remain 24 feet from the rear property line instead of the required 25 feet. The property is located in Stonebrooke Commons Subdivision, Gateview Court, Lot #166 and is currently zoned R3 (Multi-Family Residential / Planned Unit Development). There were two people present in opposition to this request. There was a motion by Fred Kerr and a second by Dana Miles to approve this variance request.
Motion carried with 3 members in favor (Fred Kerr, Dana Miles and Joe Staffieri) and 2 members opposed (John Mobley and Brian Martin).
R H HOMES DEVELOPMENT, LLC has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 11.2 (a) and Section 20-4.5 (d). This request involves a rear yard variance of 1.1 feet to allow a home to remain 23.9 feet from the rear property line instead of the required 25 feet. The property is located in Stonebrooke Commons Subdivision, Gateview Court, Lot #167 and is currently zoned R3 (Multi-Family Residential / Planned Unit Development). There were two people present in opposition to this request. There was a motion by Fred Kerr and a second by Dana Miles to approve this variance request.
Motion carried with 3 members in favor (Fred Kerr, Dana Miles and Joe Staffieri) and 2 members opposed (John Mobley and Brian Martin).
R H HOMES DEVELOPMENT, LLC has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 11.2 (a) and Section 20-4.5 (d). This request involves a rear yard variance of 1 foot to allow a home to remain 24 feet from the rear property line instead of the required 25 feet. The property is located in Stonebrooke Commons Subdivision, Gateview Court, Lot #168 and is currently zoned R3 (Multi-Family Residential / Planned Unit Development). ). There were two people present in opposition to this request. There was a motion by Fred Kerr and a second by Dana Miles to approve this variance request.
Motion carried with 3 members in favor (Fred Kerr, Dana Miles and Joe Staffieri) and 2 members opposed (John Mobley and Brian Martin).
13. Forsyth Land Venture LLC – AB #04-109
FORSYTH LAND VENTURE LLC has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 11.2 (a) and Section 20-4.5 (d). This request involves a front yard variance of 10 feet to allow a home to be built 10 feet from the edge of the right-of-way instead of the required 20 feet. The property is located in Stonebrooke Commons Subdivision, 2205 Gatewater Drive and/or 2195 Highland Gate Drive, Lot #182 and is currently zoned R3 (Multi-Family Residential / Planned Unit Development). There was one person present in opposition to this request. There was a motion by Dana Miles and a second by Fred Kerr to approve this variance request.
Motion carried unanimously.
There being no further business, the meeting was adjourned.
Adopted _____________________________, 2004
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Dana Miles, Chairman
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Fred Kerr, Vice-Chairman
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Brian Martin, Secretary
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John Mobley, Member
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Joe Staffieri, Member
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