3/8/10 Planning & Zoning Commission Minutes
The Gordon County Planning & Zoning Commission held a Public Hearing on Monday, March 8, 2010 at 7:00 p.m. in the Conference Room of the Gordon County Administration Building for the purpose of hearing variance and zoning change requests. Chairman Talley called the meeting to order and advised all present of the sign-up sheets available for those who wish to address the Planning Commission on any of the zoning or variance change applications.
APPROVAL OF MINUTES
A motion was made by Ricky Smith to approve the minutes of the previous meeting of January 11, 2010. Randy Rule seconded the motion. All voted aye. The minutes were approved as written.
- VARIANCE APPLICATION #V10-01, RICHARD D. SPIVA
Chairman Talley read variance application #V10-01, Richard D. Spiva requesting a variance to reduce the county road frontage and access the 2 acres located at 695 Riverbend Road, Plainville by way of a 20-foot easement. Richard Spiva represented the request and had came before the Planning Commission and the Board of Commissioners in January 2010 and received a rezoning for this 2 acres to build a new home on, but with the stipulation that he acquire a variance for legal access. The easement would go through another tract of land that Mr. Spiva owns but he needed it documented on the deed for the 2 acre lot to acquire the variance. All adjoining property owners had been notified. Paige Hatley, with MACTEC acting as the Planning Consultant for Gordon County, recommended that the variance request #V10-01, be approved with the condition that evidence of a permanent access easement be provided to the Gordon County Planning and Development Department prior to Mr. Spiva being issued a building permit. Ricky Smith made the motion to approve the variance request #V10-01 as requested, with the stipulations recommended by MACTEC. Brad Rains seconded the motion, and added that it would be in Mr. Spiva best interest to also get some type of written agreement with the other homeowners that share this easement for future maintenance and repairs. All voted aye. The variance was approved. The thirty- (30) day appeal period was explained.
- VARIANCE APPLICATION #V10-03, BETTY S. PAYNE
Chairman Talley read variance application #V10-03, Betty S. Payne requesting a variance to reduce building setback requirements on .81 acres located at 442 Fields Ferry Drive, Calhoun. A letter from Mr. Terry Brumlow, an attorney representing Ms. Payne was read, requesting that the variance request #V10-03 be tabled until the April 12, 2010 meeting. Randy Rule made the motion to table the variance request #V10-03 as requested until the April 12, 2010 meeting. Ron Free seconded the motion. All voted aye. The variance was tabled until the April 12, 2010 meeting.
- VARIANCE APPLICATION #V10-02, LARRY MULKEY & GARLAND COOK
Chairman Talley read variance application #V10-02, Larry Mulkey and Garland Cook requesting a variance on .55 acres located at 1405 Highway 41, North to reduce lot size, setback requirements, buffers, and duplexes. The applicants applied for a rezoning of this property at the January 2010 meeting and it was tabled until they could apply for a variance of the same property. Larry Mulkey and Garland Cook represented the request explaining that they had rented this property for 3 years prior to buying it in 2007 and had operated under a city business license until 2008. When they did not acquire a business license for 2009 in the city, that is when the Gordon County Ordinance Officer had took note of the absence of the business license and other code violations. Steve Cagle, Gordon County Ordinance Officer, had placed a stop work order on the business for lack of a county business license, and the applicants could not acquire the business license until the lot was brought into compliance. This is why the applicants are requesting the variance as stated. The applicants further explained that the building that faced Highway 41 was 18 feet from the Highway and that there was not any retail sales from this property and that only the employees parked there and left in company trucks, delivery trucks that were there only one day a week for maybe 5 minutes, that the septic issues were being corrected, and that they have removed all but 2 old vehicles. It was also added that they had lost a lot of money not being able to operate and that they needed to get back in business. Planning Commissioner Randy Rule was concerned with why they not acquired another property to operate from and they explained that they had invested into the property prior to buying it and they could not recover the loss if they relocated. It was also stated that if the porch was removed from the building it would meet the setback requirements and that the renters do help with the expenses on the property, help to reduce vandalism to the property, and they do know they will have to vacate the property. Mr. Cagle noted that the lack of business license was not the only issue; that they would have to meet the regulations of the Fire Inspector, Building Inspector, and Environmental Health Department after acquiring the necessary requirements for variances and zonings before they could acquire the business license. All adjoining property owners had been notified. Paige Hatley, with MACTEC acting as the Planning Consultant for Gordon County, recommended that the requested variance for the required setback and buffer requirements, as identified in Application #V10-02 be approved with the following conditions: Tree plantings in accordance with Section 4.07.04B.6 and 4.07.06B.3 shall be required for the southern and eastern property lines to provide a buffer between the subject property and adjacent residential and rural zoned properties. MACTEC further recommended denial of a use variance to permit a residential use, as requested in Application #V10-02. In accordance with the requirements of the ULDC, a use variance cannot be granted. Should the property be rezoned to C-G, any portion of the property used for residential purposes shall be required to be discontinued. C-G zoning does not permit residential dwellings. Brad Rains made the motion to approve variance request #V10-02, with all the conditions being followed and vacating the residential rental property as stated by Ms. Hatley, with MACTEC. Ron Free seconded the motion. All voted aye. The variance was approved. The thirty- (30) day appeal period was explained.
- REZONING APPLICATION #Z09-05, LARRY MULKEY & GARLAND COOK
Chairman Talley read rezoning application #Z09-05, Larry Mulkey and Garland Cook requesting to rezone .55 acres located at 1405 Highway 41, North from A-1 to C-G, to bring into compliance the existing business. Larry Mulkey and Garland Cook represented the request explaining that they had been operating their ice cream, snow cone, and Italian Ice business at this location and now needed the rezoning to bring it into compliance to obtain a Gordon County business license. The Gordon County Ordinance Officer had put a stop operating on their business until they acquired a business license. All adjoining property owners had been notified. LaDonna Gray, an employee of the business, spoke in favor of the approval so she could continue to have a job, as well as other folks that are employed by Mr. Mulkey and Mr. Cook. Paige Hatley, with MACTEC acting as the Planning Consultant for Gordon County, recommended that the rezoning request #Z09-05 be approved. MACTEC further noted that this is recommended considering the historical use of the property and the fact that the property will not be used as residential rental property any longer. Brad Rains made the motion to approve the rezoning request #Z09-05 from A-1 to C-G, and again stated that the residents that rent the duplex had to be evicted. Ron Free seconded the motion and added that they still had to comply with the Fire Inspector, Building Inspector, and Environmental Health on other issues on the property prior to obtaining their business license. All voted aye. The recommendation for approval from A-1 to C-G was sent to the Board of Commissioners.
There being no additional business, Brad Rains made the motion to adjourn. Ricky Smith seconded the motion. All voted aye. The meeting was adjourned at 8:15 p.m.