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FORSYTH COUNTY ZONING BOARD OF APPEALS
REGULAR MEETING
APRIL 03, 2012
MEMBERS PRESENT: Debra Bradley, Jim Kinsey, Fred Kerr, Edward Kroell and Jack Shoemake
MEMBERS ABSENT: None
Also Present: Susan Green; Planner Technician, and Sharon Farrell; Interim Senior Planner
Chairman Jim Kinsey called the meeting to order at 7:00 p.m.
Chairman Kinsey conducted the Pledge of Allegiance.
There was a motion by Jack Shoemake and a second by Fred Kerr to adopt the minutes of the February 7, 2012 Work Session Meeting and the February 7, 2012 Regular Meeting.
Motion carried with 4 members in favor (Debra Bradley, Jim Kinsey, Fred Kerr and Jack Shoemake) and 1 member abstained (Edward Kroell).
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:
There was a motion by Jack Shoemake and a second by Edward Kroell to elect Jim Kinsey as Chairman, Fred Kerr as Vice Chairman and Debra Bradley as Secretary.
Motion carried unanimously.
VARIANCES
1. VA120004 - Trevor Maurer
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 15 feet to allow a swimming pool to be built 10 feet from the rear property line rather than the required 25 feet. The property is located in Windermere Subdivision, Lot #520, 1624 Hutton Place 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:
Trevor Maurer
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 with the following condition:
Pool equipment to be located inside the original setback.
Motion carried unanimously.
2. VA120005 - Aleksandr Shkolnik
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 5 feet to allow structures to remain 5 feet from the side property line rather than the required 10 feet. The property is located in Shiloh Battle Subdivision, Lot #7, 5235 Double Branches Drive and is currently zoned (R2) Single Family 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:
Aleksandr Shkolnik
Alena Shkolnik
Claton Myers
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 Edward Kroell and a second by Debra Bradley to approve this variance request based on consideration of factor(s) 1 and 4 of section 8-6.4 (B)(4)(a) of the Forsyth County Unified Development Code with the following condition:
The 3rd building shown on the plat is to be moved within the setback (identified on plat as "metal building").
Motion carried unanimously.
3. VA120008 - Atlanta Pools
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 13 feet to allow a swimming pool to be built 12 feet from the rear property line rather than the required 25 feet. The property is located in Laurel Springs Subdivision, Lot #857, 9035 Cranwell Trace Suwanee 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:
Michael Crockern
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 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.
4. VA120009 - D.R. Horton, 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) and Section 11-3.3 and Table 11.2 (b). This request involves a front yard variance of 7 feet to allow a home to be built 23 feet from the front property line rather than the required 30 feet. The property is located in Wild Meadows, Lot #237, 5040 Skylark Creek Court and is currently zoned (CR1) Single Family Community Residential District.
There was a motion by Chairman Kinsey and a second by Edward Kroell to open the public hearing.
Motion carried unanimously.
Speaking in favor:
None
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 Chairman Kinsey and a second by Fred Kerr to postpone this variance request until May 1, 2012.
Motion carried unanimously.
5. VA120010 - Shaun Mulhall
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 20 feet to allow structures to be built 5 feet from the rear property line rather than the required 25 feet. The property is located in Vickery Springs Subdivision, Lot #60, 5275 Harris Springs Drive and is currently zoned (R2R) Single Family Residential Restricted District.
There was a motion by Chairman Kinsey and a second by Edward Kroell to open the public hearing.
Motion carried unanimously.
Speaking in favor:
None
Speaking in opposition:
None
There was a motion by Chairman Kinsey and a second by Edward Kroell to close the public hearing.
Motion carried unanimously.
There was a motion by Edward Kroell and a second by Fred Kerr to postpone this variance request until May 1, 2012.
Motion carried unanimously.
There was a motion by Chairman Kinsey and a second by Debra Bradley to adjourn.
Motion carried unanimously.
Adopted _____________________________, 2012
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Jim Kinsey, Chairman
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Debra Bradley, Secretary
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Edward Kroell, Member
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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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