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FORSYTH COUNTY ZONING BOARD OF APPEALS
REGULAR MEETING
March 3, 2009
MEMBERS PRESENT: John Mobley, Fred Kerr, Debra Bradley, Joe Staffieri and Jim Kinsey
MEMBERS ABSENT: None
Also Present: Paul Frickey; County Attorney, Mandy Edmondson; Planner, Susan Green; Planner Technician
Chairman John Mobley called the meeting to order at 7:00 p.m.
Chairman Mobley conducted the Pledge of Allegiance.
There was a motion by Debra Bradley and a second by Joe Staffieri to adopt the minutes of the February 3, 2009 meeting.
Motion carried unanimously.
UNDER ANNOUNCEMENTS THE FOLLOWING ACTION WAS TAKEN:
Chairman Mobley read the following announcements:
Pursuant to Section 8-3.4 (E) 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 8-3.4 (B) 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.
UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
None
UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
APPEAL
1. AP090002 - Diversified Real Estate Group, LLC
The applicant has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, Section 8-7.2 and Ordinance 73, Section VII.A, &B.1 and Section IX.A.1. This request involves an appeal of an administrative decision of the Forsyth County Planning and Development Department. The property is located at 1400 McFarland Parkway and is currently zoned (CBD) Commercial Business District.
There was a motion by Chairman Mobley and a second by Fred Kerr to open the public hearing.
Motion carried unanimously.
Speaking on behalf of the County:
Paul Frickey, County Attorney
Joey Mullinax, Department of Engineering
Simon Wilkes, Department of Engineering
Speaking on behalf of Diversified Real Estate Group, LLC:
Ethan Underwood, Attorney
There was a motion by Chairman Mobley and a second by Jim Kinsey to close the public hearing.
Motion carried unanimously.
There was a motion by Chairman Mobley and a second by Joe Staffieri to deny the appeal.
Motion carried unanimously.
VARIANCES
1. VA090001 - Brad Renken
The applicant has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, Table 11.2(a). This request involves a rear yard variance of 18 feet to allow a swimming pool to be built 7 feet from the rear property line rather than the required 25 feet. The property is located in Laurel Springs Subdivision, Lot #63, 5940 Ettington Drive and is currently zoned (CR1) Single Family Community Residential District.
There was a motion by Chairman Mobley and a second by Fred Kerr to open the public hearing.
Motion carried unanimously.
Speaking in favor:
Jane Schilling
Brad Renken
Speaking in opposition:
None
There was a motion by Chairman Mobley and a second by Fred Kerr to close the public hearing.
Motion carried unanimously.
There was a motion by Fred Kerr and a second by Joe Staffieri to approve this variance request based on compliance with factor(s) 1, 2, 3, 4 and 5 of section 8-4.4 (B)(4)(a) of the Forsyth County Unified Development Code with the condition as follows:
No other structure may encroach beyond the original building setback.
Motion carried unanimously.
2. VA090002 - Greg Walkup
The applicant has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, Chapter 20. This request involves a rear yard variance of 18 feet to allow a deck to remain 2 feet from the rear property line rather than the required 20 feet. The property is located in Bridgetowne Subdivision, Lot #168, 3955 New Salem Court and is currently zoned (PUD) Planned Unit Development District.
There was a motion by Chairman Mobley and a second by Joe Staffieri to open the public hearing.
Motion carried unanimously.
Speaking in favor:
Greg Walkup
Speaking in opposition:
None
There was a motion by Chairman Mobley and a second by Debra Bradley to close the public hearing.
Motion carried unanimously.
There was a motion by Chairman Mobley and a second by Fred Kerr to approve this variance request based on compliance with factor(s) 1, 2 and 5 of section 8-4.4 (B)(4)(a) of the Forsyth County Unified Development Code with the condition as follows:
No additions to structure.
Motion carried with four (4) members in favor (Chairman Mobley, Jim Kinsey, Fred Kerr and Debra Bradley) and one (1) member opposed (Joe Staffieri).
3. VA090003 - Greg Dunkel
The applicant has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, Table 11.2 (a). This request involves a rear yard variance of 10 feet to allow a pool, waterfall, spa and cabana to be built 15 feet from the rear property line rather than the required 25 feet. The property is located in St. Marlo Subdivision, Lot #754, 8905 Indian Wells Court and is currently zoned (CR1) Single Family Community Residential District.
There was a motion by Chairman Mobley and a second by Fred Kerr to open the public hearing.
Motion carried unanimously.
Speaking in favor:
Greg Dunkel
Derek Bakarch
Speaking in opposition:
None
There was a motion by Chairman Mobley and a second by Joe Staffieri to close the public hearing.
Motion carried unanimously.
There was a motion by Fred Kerr and a second by Jim Kinsey to approve this variance request based on compliance with factor(s) 1, 2, 3 and 5 of section 8-4.4 (B)(4)(a) of the Forsyth County Unified Development Code with the condition as follows:
The pool equipment may not encroach beyond the original building setback.
Motion carried unanimously.
4. VA090004 - Matthew McDearmont
The applicant has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, Table 11.2(a). This request involves a side yard variance of 9 feet to allow a swimming pool and a slide to remain 1 foot from the side property line rather than the required 10 feet. The property is located in Cool Springs Subdivision, Lot #36, 6035 Boulder Bluff Drive and is currently zoned (R2R) Single Family Residential Restricted District.
There was a motion by Chairman Mobley and a second by Joe Staffieri to open the public hearing.
Motion carried unanimously.
Speaking in favor:
Kevin Tallent, Attorney
Mathew McDearmont
Speaking in opposition:
Harold Burruss
There was a motion by Chairman Mobley and a second by Debra Bradley to close the public hearing.
Motion carried unanimously.
There was a motion by Chairman Mobley and a second by Jim Kinsey to approve this variance request based on compliance with factor(s) 2 and 5 of section 8-4.4 (B)(4)(a) of the Forsyth County Unified Development Code with the condition as follows:
Approval is specific to site plan pertaining only to the pool itself, any auxiliary structure shall not encroach further than the pool wall.
Motion carried unanimously.
5. VA090005 - Albert Kyle
The applicant has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, Section 15-1.3 and Table 15.2. This request involves a rear yard variance of 5 feet to allow a garage to remain 20 feet from the rear property line rather than the required 25 feet. The property is located at 7390 Odyssey Trail and is currently zoned (A1) Agricultural District.
There was a motion by Chairman Mobley and a second by Jim Kinsey to open the public hearing.
Motion carried unanimously.
Speaking in favor:
Albert Kyle
Speaking in opposition:
None
There was a motion by Chairman Mobley and a second by Fred Kerr to close the public hearing.
Motion carried unanimously.
There was a motion by Jim Kinsey and a second by Fred Kerr to approve this variance request based on compliance with factor(s) 1, 2 and 4 of section 8-4.4 (B)(4)(a) of the Forsyth County Unified Development Code with the condition as follows:
No electrical or plumbing shall be added to the accessory structure.
Motion carried unanimously.
There was a motion by Chairman Mobley and a second by Fred Kerr to adjourn.
Motion carried unanimously.
Adopted _____________________________, 2009
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John Mobley, Chairman
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Fred Kerr, Vice-Chairman
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Debra Bradley, Secretary
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Joe Staffieri, Member
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Jim Kinsey, Member
For detailed information concerning the public hearing please reference the streaming video located on our web site at www.forsythco.com.
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