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FORSYTH COUNTY ZONING BOARD OF APPEALS
SPECIAL CALLED MEETING / PUBLIC HEARING
August 24, 2011
MEMBERS PRESENT: Fred Kerr, Debra Bradley, Jim Kinsey, Jack Shoemake and Craig Nolen
MEMBERS ABSENT: None
Also Present: Tom Brown; Planning Director, Sharon Farrell; Interim Principal Planner, Susan Green; Planner Technician
Chairman Jim Kinsey called the meeting to order at 7:00 p.m.
Chairman Kinsey conducted the Pledge of Allegiance.
UNDER ANNOUNCEMENTS THE FOLLOWING ACTION WAS TAKEN:
Chairman Kinsey 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:
VARIANCES
1. VA110028 - JM Construction Consulting Inc.
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 3 feet to allow a structure to be built 22 feet from the rear property line and a structure to remain 22 feet from the rear property line rather than the required 25 feet. The property is located in Brandon Hall Subdivision, Lot #335, 4520 Wykeshire Court and is currently zoned (CR1) Single Family Community Residential District.
There was a motion by Chairman Kinsey and a second by Debra Bradley to open the public hearing.
Motion carried unanimously.
Speaking in favor:
Jason Hill
Speaking in opposition:
None
There was a motion by Chairman Kinsey and a second by Jack Shoemake to close the public hearing.
Motion carried unanimously.
There was a motion by Debra Bradley and a second by Fred Kerr to approve this variance request based on consideration of factor(s) 1, 2, 3, 4 and 5 of section 8-6.4 (B)(4)(a) of the Forsyth County Unified Development Code.
Motion carried unanimously.
2. VA110030 - Outdoor Expressions LLC
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 an exterior yard variance of 8 feet to all a swimming pool to be built 42 feet from the exterior property line rather than the required 50 feet. The property is located in St. Marlo Subdivision, Lot #36, 7520 St. Marlo Country Club Drive and is currently zoned (CR1) Single Family Community Residential District.
There was a motion by Chairman Kinsey and a second by Debra Bradley to open the public hearing.
Motion carried unanimously.
Speaking in favor:
Andy Stewart
Speaking in opposition:
None
There was a motion by Chairman Kinsey 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 Jack Shoemake to approve this variance request based on consideration of factor(s) 1, 2, 3, 4 and 5 of section 8-6.4 (B)(4)(a) of the Forsyth County Unified Development Code.
Motion carried unanimously.
3. VA110031 - William A Strickland
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 an exterior yard variance of 10 feet to allow a structure to be built 40 feet from the exterior property line rather than the required 50 feet. The property is located in Olde Atlanta Club Subdivision, Lot #1617, 695 Riverside Drive and is currently zoned (CR1) Single Family Community Residential District.
There was a motion by Chairman Kinsey and a second by Debra Bradley to open the public hearing.
Motion carried unanimously.
Speaking in favor:
William Strickland
Speaking in opposition:
None
There was a motion by Chairman Kinsey 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 Craig Nolen to approve this variance request based on consideration of factor(s) 1, 2, 3, 4 and 5 of section 8-6.4 (B)(4)(a) of the Forsyth County Unified Development Code.
Motion carried unanimously.
4. VA110032 - Daniel Simmons
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 an exterior yard variance of 15 feet to allow a structure to be built 35 feet from the exterior property line rather than the required 50 feet. The property is located in Grand Cascades Subdivision, Lot #377, 422 Grand Avenue and is currently zoned (R2R) Single Family Residential Restricted District.
There was a motion by Chairman Kinsey and a second by Debra Bradley to open the public hearing.
Motion carried unanimously.
Speaking in favor:
Greg Melancon
Speaking in opposition:
None
There was a motion by Chairman Kinsey 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 Craig Nolen to approve this variance request based on consideration of factor(s) 1, 2, 3, 4, 5 and 6 of section 8-6.4 (B)(4)(a) of the Forsyth County Unified Development Code.
Motion carried unanimously.
5. VA110033 - CBOCS, Inc.
The applicant has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, Article X, Section 12-10.15, Section 12-3.3 and Table 12.2. This request involves a landscape strip variance of 6 feet to allow a landscape strip to be 0 feet for both parcels rather than the required 6 feet. The applicant is also requesting a side yard variance of 10 feet to allow a structure to be built 0 feet from the side property line rather than the required 10 feet. The property is located at 675 Buford Highway (formerly 555 Atlanta Road and 302 Tri County Plaza) and is currently zoned (CBD) Commercial Business District.
There was a motion by Chairman Kinsey and a second by Debra Bradley to open the public hearing.
Motion carried unanimously.
Speaking in favor:
Keith Wheaton
Speaking in opposition:
None
There was a motion by Chairman Kinsey and a second by Jack Shoemake to close the public hearing.
Motion carried unanimously.
There was a motion by Jack Shoemake and a second by Debra Bradley to approve this variance request based on consideration of factor(s) 1, 2, 3, 4 and 5 of section 8-6.4 (B)(4)(a) of the Forsyth County Unified Development Code.
Motion carried unanimously.
6. VA110034 - Jackie Martin
The applicant has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, Article III, Section 11-3.3 and Table 11.2 (b). This request involves an exterior yard variance of 11 feet to allow a structure to be built 39 feet from the exterior property line rather than the required 50 feet. The property is located in Villages of Concord Farms Subdivision, Lot #233, 5115 Hidden Meadow Drive and is currently zoned (RES3) Single Family Residential Three Unit/Acre District.
There was a motion by Chairman Kinsey and a second by Craig Nolen to open the public hearing.
Motion carried unanimously.
Speaking in favor:
Jackie Martin
Speaking in opposition:
None
There was a motion by Chairman Kinsey and a second by Debra Bradley to close the public hearing.
Motion carried unanimously.
There was a motion by Craig Nolen and a second by Jack Shoemake to approve this variance request based on consideration of factor(s) 1, 2, 3, 4 and 5 of section 8-6.4 (B)(4)(a) of the Forsyth County Unified Development Code.
Motion carried unanimously.
7. VA110035 - Keith Cummings
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 8 feet to allow a structure to be built 12 feet from the rear property line rather than the required 20 feet. The property is located in Laurel Springs Subdivision, Lot #582, 7030 Redcliff Court and is currently zoned (CR1) Single Family Community Residential District.
There was a motion by Chairman Kinsey and a second by Fred Kerr to open the public hearing.
Motion carried unanimously.
Speaking in favor:
Keith Cummings
Speaking in opposition:
None
There was a motion by Chairman Kinsey and a second by Craig Nolen to close the public hearing.
Motion carried unanimously.
There was a motion by Fred Kerr and a second by Jack Shoemake to approve this variance request based on consideration of factor(s) 1, 2, 3, 4 and 5 of section 8-6.4 (B)(4)(a) of the Forsyth County Unified Development Code.
Motion carried unanimously.
There was a motion by Chairman Kinsey and a second by Debra Bradley to adjourn.
Motion carried unanimously.
Adopted _____________________________, 2011
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Jim Kinsey, Chairman
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H. Craig Nolen, Vice-Chairman
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Debra Bradley, Secretary
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Jack Shoemake, Member
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Fred Kerr, 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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