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Planning & Zoning

BOARD OF ZONING APPEALS

     MINUTES

     March 26, 2003

 

THE REGULAR MEETING OF THE GREENE COUNTY BOARD OF ZONING APPEALS WAS HELD ON WEDNESDAY, MARCH 26, 2003, AT 7:30 P.M.

 

Those present were:         Raymond Daughtry, Chairman

                                                Bob Runkle, Vice-Chairman

Joel Snow, Member

Nick Hahn, Planning Director

Marsha Alley, Secretary

 

The Chairman called the meeting to order.  He noted that the first order of business would be the election of officers.

 

Mr. Snow nominated Raymond Daughtry for Chairman.

 

Mr. Runkle seconded the nomination.

 

The nomination carried by a unanimous vote.

 

Mr. Snow nominated Bob Runkle for Vice-Chairman.

 

Mr. Daughtry seconded the nomination.

 

The nomination carried by a unanimous vote.

 

Marsha Alley was appointed as Secretary to the Board of Zoning Appeals.

 

The Chairman explained that there were three members present of the five member board and that any decision would require a unanimous vote.  He noted that there was one public hearing scheduled for the evening, a variance request.

 

PUBLIC HEARING:      C.C. Kurtz–Variance #03-001

Mr. Daughtry asked Mr. Hahn to read the request and give a report.

 

Mr. Hahn read the request:  C.C. Kurtz requests a 15 ft. front yard variance from Article 4 of the Greene County Zoning Ordinance which requires a 75 ft. front yard setback.  This request is on property that is identified on the County Tax Maps as 34-(A)-62 and 46-(2)-B1 located on Ragland Road and Evergreen Church Road containing 64.15 acres and is zoned A-1, Agricultural.(VAR#03-001)

 

Mr. Hahn stated that the 15 ft. variance request is to allow a single-family dwelling to be constructed within the front setback due to the steep slope to the rear of the property.  He noted that the property is zoned A-1 and contains 64.15 acres.  He explained that the Future Land Use Map of the current Comprehensive Plan shows no designation for this property and that it is therefore considered rural.  He pointed out that the Future Land Use Map of the proposed Comprehensive Plan, which has not been adopted by the Board of Supervisors, designates this property as agriculture.  He noted that the property is located on Evergreen Church Road and is currently vacant.

 

Mr. Hahn presented a digital photographic demonstration of the property.

 

In Mr. Kurtz’s absence, he was represented by his daughter, Donna Layton.

 

Mr. Daughtry swore in the speakers.

 

Mrs. Layton addressed the BZA stating that her parents own 64 acres but a variance is still needed due to the topography of the land.  She stated that this would be a retirement home for her parents who are getting older and would like to be closer to another daughter as well as have better access to a state maintained road.  She added that if the house had to be built further back on the property, her parents would be faced with more expense and more upkeep.  She described the proposed home as a 1,352 sq. ft., 2-story brick home with a hip roof and an unfinished basement. 

 

Mr. Daughtry asked if a perc test had been done.

 

Mrs. Layton stated that it had been done and that septic on the site had been approved.

 

Mr. Daughtry asked if the drain field would be located in the front or rear of the house.

 

Mrs. Layton stated that she was unsure but believed that it may be located to the side of the house.  She suggested referring to the permit in order to be certain.

 

There was discussion on the possible septic field location.

 

Mr. Runkle stated that he had visited the site and asked if the front of the house would be located where he saw a line staked out.

 

Mrs. Layton stated that the staked line would be the front of the house.

 

Mr. Runkle asked where the back wall would be located.

 

Mrs. Layton stated that she was unsure but noted that the house dimensions are 26’ by 52’.

 

Mr. Runkle stated that the proximity to the power line should also be considered.

 

Mrs. Layton stated that the power line is located beyond the creek.

 

Mr. Snow asked where the driveway would be located.

 

Mrs. Layton stated that her parents would be using the existing driveway entrance located in front of the pond and the driveway bears to the left on to an old lane.

 

The building permit application file was reviewed and there was discussion on the location of the proposed septic field.

 

Mr. Daughtry stated that it seemed that the necessary work had been completed but it also seemed like the house could be moved further back.

 

Mr. Snow stated that it was his understanding that moving the house further back would place it in or near the creek. 

 

Mr. Daughtry stated that there would not be much yard area.

 

Mrs. Layton stated that her parents do not want a large yard, explaining that they are aging and do not want to deal with a lot of upkeep.

 

Mr. Snow stated that the issue of “lay of the land” comes in to play on this particular property.

 

Mr. Runkle stated that the Health Department sketch seems to make sense but added that it does not conform to the guidelines.

 

Mr. Snow reminded the members that it is not a Board of Denials but the people bring appeals to them.

 

Mr. Daughtry stated that he could understand that, given their age, they want to be closer to a daughter and to a state maintained road and noted that the land topography would be a factor.

 

There was discussion on the topography of the parcel and its acreage, as well as the possibility of there being a divided parcel.

 

Mr. Snow made a motion to approve variance request #03-001 in accordance with Section 17-2-2 of the Greene County Zoning Ordinance. 

 

Mr. Runkle seconded the motion.

 

The vote was taken.

 

            AYE                                                                            NAY

Mr. Runkle                                                                 

Mr. Snow

Mr. Daughtry

 

The motion to carried by a 3-0 vote.

 

Mr. Daughtry stated that his only comment would be to ask the Kurtz’s to keep the house as far back as possible.

 

Mrs. Layton stated that she would pass that reminder to her parents.

 

MINUTES

 

Mr. Runkle made a motion to approve the minutes of December 19, 2002 as presented.

 

Mr. Daughtry seconded the motion.

 

The minutes of December 19, 2002 were unanimously approved.  Mr. Snow abstained from the vote as he was not present at the December meeting.

 

OLD/NEW BUSINESS

 

Mr. Runkle stated that the BZA would be confronted with more issues arising from less desirable lots due to the increase of property division.  He suggested that the BZA decide how it will address these lots in the future.

 

There was discussion on the future residential growth in Greene County.

 

Mr. Hahn informed the BZA that there would be a Comprehensive Plan Workshop held on Thursday, April 3rd, at 7:30 pm in the meeting room. 

 

ADJOURNMENT

 

There being no further business, the meeting was adjourned.

 

Respectfully submitted,

 

 

 

Marsha Alley, Secretary

 

END


 
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