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FORSYTH COUNTY ZONING BOARD OF APPEALS
REGULAR MEETING
August 2, 2005
Chairman Dana Miles called the meeting to order.
MEMBERS PRESENT: Dana Miles, Fred Kerr, Debra Bradley, John Mobley and Joe Staffieri
MEMBERS ABSENT: None
Also Present: Jay DiPasquale; Senior Planner, John Barlow; Planner and Susan Green; Planner Technician
Chairman Dana Miles conducted the Pledge of Allegiance.
There was a motion by Dana Miles and a second by Joe Staffieri to adopt the minutes for July 5, 2005. Motion carried unanimously.
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.
The applicant, Pinecrest Academy (AB #05-209) requested postponement of their request for a variance until September 6, 2005. There was a motion by Dana Miles and a second by John Mobley to postpone this variance request.
Motion carried unanimously.
There was a motion by Dana Miles and a second by Fred Kerr to move Steven West Custom Homes (AB #05-221) to the end of the agenda.
Motion carried unanimously.
UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
None
UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
1. Essential Therapy, Inc – AB #05-205
ESSENTIAL THERAPY, INC. 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 variance of 36 feet to allow a commercial building and septic to be built 14 feet from the side property line instead of the required 50 feet. The appellant is also requesting a buffer variance of 35 feet to allow the buffer to be 5 feet instead of the required 40 feet. The property is located on the west side of Martin Road approximately 863 feet north of the intersection with Shadburn Road 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 Joe Staffieri to approve this variance request.
Motion carried unanimously.
2. Howard and Judy Hobby – AB #05-207
HOWARD AND JUDY HOBBY 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. This request involves a stream buffer variance of 25 feet to allow the buffer to be 25 feet instead of the required 50 feet. The appellant is also requesting to abolish the required impervious surface setback. The property is located at 585 Fowler Road and is currently zoned R1R (Single Family Restricted Residential). There was one person present in opposition to this request. There was a motion by Dana Miles and a second by Joe Staffieri to deny this variance request.
Motion carried with 4 members in favor (Dana Miles, Joe Staffieri, Fred Kerr and Deborah Bradley) and 1 member opposed (John Mobley).
3. Etowah Land Development – AB #05-213
ETOWAH LAND DEVELOPMENT, INC. has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 11.2. This request involves a side yard variance of 10 feet to home to be built 15 feet from the side property line instead of the required 25 feet. The property is located in Cambria Estates Subdivision, Lots #1-15 and is currently zoned RES 1 (Single Family Residential One Unit Per Acre). There was no one present in opposition to this request. There was a motion by Deborah Bradley and a second by Dana Miles to approve this variance request.
Motion carried unanimously.
4. Linda Manning – AB #05-218
LINDA MANNING has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Section 16-4.16. This request involves a medical hardship to allow a manufactured/mobile home to be placed on property with existing residence. The property is located at 6775 Campground Road and is currently zoned A1 (Agriculture). There were three people present in opposition to this request. There was a motion by Joe Staffieri and a second by Dana Miles to deny this variance request.
Motion carried with 4 members in favor (Joe Staffieri, Dana Mils, Fred Kerr and John Mobley) and with 1 member opposed (Deborah Bradley).
5. Falling Water, Inc. – AB #05-219
FALLING WATER INC. / APALACHEE DEVELOPMENT 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. This request involves a stream buffer variance of 15 feet to allow the stream buffer to be 35 feet instead of the required 50 feet. The appellant is also requesting to abolish the required 50 foot stream buffer for a portion of the stream and to abolish the impervious surface setback. The property is located in Creekstone Subdivision, Hermitage Drive and is currently zoned R2 (Single Family Residential). There were three people present in opposition to this request. There was a motion by Dana Miles and a second by Fred Kerr to postpone this variance request until September 6, 2005.
Motion carried unanimously.
6. Steven West Custom Homes – AB #05-220
STEVEN WEST CUSTOM HOMES INC. has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Soil Erosion and Sedimentation Control Ordinance, (Ordinance #73) also the Forsyth County Unified Development Code, Section 6-3.1. This request involves an appeal of a fine imposed by Forsyth County Department of Engineering. The property is located in St. Marlo Subdivision, Lot 855, 8610 Merion Drive and is currently zoned CR1 (Single Family Community Residential). There was no one present in opposition to this request. Dale R. “Bubba” Samuels, the County Attorney, presented a settlement agreement entered into by Steven West Custom Homes and Forsyth County. There was a motion by Dana Miles and a second by Fred Kerr to approve the settlement agreement.
Motion carried unanimously.
Dana Miles made a motion for a 5 minute recess.
Dana Miles called the meeting back to order.
7. Hyde Park Homes, Inc. – AB #05-222
HYDE PARK HOMES, INC. 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. This request involves a stream buffer variance of 25 feet to allow the stream buffer to be 25 feet instead of the required 50 feet. The appellant is also requesting an impervious surface setback variance of 50 feet to allow the impervious surface to be 25 feet instead of the required 75 feet. The property is located in St. Marlo Subdivision, Lot 493, 8035 Derbyshire Court and is currently zoned CR1 (Single Family Community Residential). There was no one present in opposition to this request. There was a motion by Dana Miles and a second by Fred Kerr to postpone this variance request until September 6, 2005.
Motion carried unanimously.
8. Mr. Luis Davidsohn – AB #05-223
MR. LUIS DAVIDSOHN has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Table 11.2. This request involves a front yard variance of 10 feet to allow condominiums to be built 10 feet from the edge of the right-of-way instead of the required 20 feet. The appellant is also requesting a rear yard variance of 5 feet to allow condominiums to be built 15 feet from the rear property line instead of the required 20 feet, a side yard variance of 5 feet to allow the condominiums to be 5 feet from the side property line instead of the required 10 feet and to eliminate an exterior buffer and setback along the northeastern property line. The property is located in Rivermore Subdivision, Setting Down Circle and is currently zoned RES 6 (Multi-Family Residential Six Units Per Acre District). There was no one present in opposition to this request. There was a motion by Dana Miles and a second by Joe Staffieri to approve this variance request as follows:
Abolish the buffer between the Res 6 zoning and the commercial zoning.
Motion carried with 4 members in favor (Dana Miles, Deborah Bradley, Fred Kerr and Joe Staffieri) and with 1 member opposed (John Mobley).
9. Mr. Luis Davidsohn – AB #05-224
MR. LUIS DAVIDSOHN 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 front yard variance of 30 feet to allow commercial buildings to be built 10 feet from the edge of the right-of-way instead of the required 40 feet. The appellant is also requesting to eliminate an exterior buffer and setback along the northwestern property line. The property is located in Rivermore Subdivision, Georgia Highway 400 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 Fred Kerr to postpone this variance request until September 6, 2005.
Motion carried unanimously.
10. Darrell Hansard – AB #05-225
DARRELL HANSARD has filed an appeal with the proper authorities seeking a variance to the requirements of the Forsyth County Unified Development Code, Section 16-4.13. This request involves a variance of 4.6 feet to allow a 5 foot fence and an 8 foot electric gate to be built along the front property line instead of the required 3.6 feet. The property is located in 8990 C.A.’s Trail and is currently zoned LR (Lake Residential). 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 unanimously.
11. Steven West Custom Homes – AB #05-221
STEVEN WEST CUSTOM HOMES INC. has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Soil Erosion and Sedimentation Control Ordinance, (Ordinance #73) also the Forsyth County Unified Development Code, Section 6-3.1. This request involves an appeal of a fine imposed by Forsyth County Department of Engineering. The property is located in St. Marlo Subdivision, Lot 767, Islesworth Court and is currently zoned CR1 (Single Family Community Residential). There was no one present in opposition to this request. There was a motion by Dana Miles and a second by John Mobley to go into executive session.
Motion carried unanimously.
There was a motion by Dana Miles and a second by Fred Kerr to come out of executive session.
Motion carried unanimously.
There was a motion by Dana Miles and a second by Fred Kerr to deny this appeal request.
Motion carried unanimously.
There being no further business, the meeting was adjourned.
Adopted _____________________________, 2005
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Dana Miles, Chairman
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Fred Kerr, Vice-Chairman
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John Mobley, Secretary
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Joe Staffieri, Member
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Debra Bradley, Member
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