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From YouTube: Board of Zoning Appeals November 23, 2021
Description
Board of Zoning Appeals
November 23, 2021
5:30 PM
Call to Order
Minutes
Old Business:
none
New Business:
1) App 22- 93001 — Petitioners Beatrice and William McGhee are requesting a Variance to Zoning Ordinance Section 4.2. 1 to permit an approximate 5- foot setback from the south property line to accommodate the relocation of a historic house and the construction of a new 12' wide driveway, while maintaining the original orientation of a side entry porch and an existing significant pecan tree on property zoned Residential Single- Family ( RS- 10) and
generally located at 230 Williamsburg Street SE ( TPN: 121- 10- 08- 007).
Adjournment
A
A
A
A
A
A
petition
for
variance
to
to
permit
a
five-foot
setback
from
the
south
property
line
to
accommodate
relocating
a
historic
house
and
that's
for
the
orientation
of
a
side.
Entry
porch
and
there
exists
an
existing
pecan
tree
on
the
property.
The
property
is
on
rs-10
and
is
located
at
230
williamsburg
street
southeast
to
the
city.
Has
this
been
properly
posted?
Yes,
mr
chairman
has
any
inquiries
that
you
wish
to
share
with
the
board.
D
The
planning
department
has
not
received
any
written
responses
to
the
mailed
notices
that
we
distributed
to
adjoining
property
owners.
However,
there
was
some
communication
that
we
received
between
us
and
aaron
campbell,
the
city
horticulturalist
regarding
the
property
that
is
included
in
exhibit
f
of
your
agenda
package.
D
I
do
I
have
been
informed,
however,
that
the
applicant
is
not
currently
here.
It
seems
as
though
they
are
running
a
little
bit
late,
but
they
will
be
here.
I'm
not
sure
he
said
it
was
about
five
ten
minutes
away,
so
I'm
not
sure
exactly
if
I
should
present
first
and
then
get
a
chance
to
come
or
what
you
should
do
at
this
point.
D
Okay,
so
230
willing
to
willingsburg
street
southeast
is
located
to
the
south
of
park
avenue
and
to
the
north
of
calton
between
williamsburg
and
marlborough
street
there,
as
indicated
by
the
red
outline
on
that
property.
D
D
The
purpose
of
the
request
is
to
allow
the
applicants
bill
and
beatrice
beatrice
mcgee
to
relocate
historic,
home
and
construct
a
new
12
foot
wide
driveway,
while
maintaining
the
original
orientation
of
a
side.
Entry
porch
on
the
on
the
home
and
an
existing
significant
pecan
tree
on
the
north
side
of
the
property
information
provided
by
the
applicants
about
the
proposed
site
plan,
as
well
as
photographs
of
the
home
to
be
relocated
and
the
existing
tree
on
the
property
is
contained
in
exhibit
c
of
the
agenda
packet.
D
As
you
can
see,
it
is
on
the
northern
property
there,
and
that
is
the
proposed
location
of
the
home,
as
well
as
the
driveway
in
that
sort
of
hashed.
D
Line
lining
across
there
the
distance
between
the
the
northern
edge
of
the
home
is
approximately
25
feet
if
it
is
relocated
and
as
you
can
see,
on
the
southern
property
line
there
that
would
encroach
into
the
10
yard
setback.
Excuse
me:
10
foot
setback
the
southern
property
line,
thus
requiring
the
five
foot
setback
variants.
D
Okay,
this
is
a
ho
excuse,
me,
a
photograph
of
the
home
to
be
relocated.
It's
currently
located
at
427
avenue
east,
but
this
is
just
sort
of
illustrate
that
side
porch
there
that
would
have
to
be
dismantled
if
the
property
excuse
me
if
the
home
were
placed
within
the
10
foot,
setback
that
would
have
to
come
off,
essentially
if
there
were
to
be
an
appropriately
sized
driveway
as
well.
D
If
that
is
not
the
case,
the
tree
would
then
have
to
be
removed,
as
as
part
of
preserving
the
porch
and
the
applicant
is
trying
to
avoid
that.
D
D
D
The
original
property
was
purchased
in
2021,
cleared
of
all
existing
structures,
rezoned
to
residential
single-family
rs-10
and
subdivide
it
into
two
approximately
size
of
eight
watts
size
of
0.30
acres.
This
photograph
just
illustrates
where
the
the
fact
that
the
property
is
is
currently
undeveloped
and.
E
D
So
the
adjoining
property
of
the
south
excuse
me
to
the
north
911
park
avenue
southeast
is
currently
zoned,
general
business
and
undeveloped.
That's
indicated
there
just
to
the
north.
Let's
see
here,
the
adjoining
property
of
the
south
is
residential,
single
family
rs-10
and
is
also
undeveloped.
Currently
is
not
I
addressed
as
far
as
I
can
tell
from
the
county,
but
it
is
identified
by
tax
parcel
number
121-1.
D
That
is,
that
is
part
of
the
larger
parcel
that
was
subdivided
so
they've
been
separated
into
two
equally
sized
lots
relatively
equally
sized
lots
properties
in
the
immediate
vicinity
or
zone
residential
single
family
rs-10
largely
to
the
south.
There,
residential
multi-family,
low
density
to
the
west
general
business
office
and
light
industrial,
so
kind
of
a
smattering
of
all
sort
of
zoning
around
the
area.
The
light
industrial
is
primarily
to
the
north
and
to
the
west.
You
see
that
little
office
there
to
the
east,
southeast
and
general
business
to
the
to
the
north.
D
So
this
is
a
survey
plot
provided
by
the
applicant.
This
is
located
in
exhibit
b
of
your
agenda
packet.
I'm
sure
that
was
drawn
to
show
existing
conditions
on
the
property
dimensions,
the
new
lot
lines
after
it
was
subdivided
in
addition,
sort
of,
as
illustrated
by
the
survey
plot,
a
survey
plot.
Excuse
me,
the
lot
is
more
or
less
rectangular
in
shape
say
for
that
sort
of
northeastern
corner
there.
D
D
This
is
the
northern
property
line
that
has
been
staked
out
there
as
part
of
the
this
survey,
and
it's
just
to
indicate
the
location
of
the
tree
relative
to
that
northern
property
line
and
to
to
show
that
it
is
indeed
in
that
10
foot,
side,
yard
area.
D
This
photograph
is
the
southern
property
line.
It's
a
little
hard
to
see
there
because
it's
kind
of
hidden
behind
that
private
property
sign,
but
it
is
flagged
there
with
that
pink
surveyor
tape
and
that's
the
southern.
The
extent
of
the
the
property
line
to
the
south.
D
This
is
just
to
show
the
that
southern
southern
property
that
is
also
undeveloped.
You
can
kind
of
see
there
in
the
left.
The
no
trespassing
sign.
That's
the
extent
of
the
property.
You
know
that's
where
it's
basically
been
subdivided
and
then
kind
of
to
the.
On
the
right
hand,
it's
real
hard
to
make
out.
I
have
a
closer
picture,
but
that's
there's
a
another
survey
marker
there.
D
That
indicates
the
southern
property
line
on
the
southern
lot
and
that's
indicated
here
again
a
little
bit
hard
to
see
because
of
the
time
of
day,
but
there's
that
sort
of
pink
survey
marking
there
to
indicate
the
southern
southern
property
southern
boundary.
Let's
see
here.
D
So
yeah
the
the
planet
staff
evaluation
of
the
request,
as
well
as
the
applicant's
response
to
the
required
six
variance
criteria
can
be
found,
starting
at
page
two
of
the
agenda
packet.
D
D
A
D
Now,
since
the
just
to
to,
I
guess,
clarify
the
because
it's
a
residential
law,
the
tree
is
not
required
to
be
preserved.
As
part
of
you
know,
development
that
goes
on
a
lot.
F
Yeah
a
couple,
so
I
think
he
answered
one.
So
there
are
no
no
comments
or
inquiry
from
the
adjacent
southern
property
owner.
No.
D
We
have
not
received
any
comments
from
the
the
the
notice
we
mailed
out
to
adjacent
property
owners.
That's
correct.
F
Okay,
in
terms
of
any
communication
specifically
from
bartlett,
is
there
any
in
terms
of
the
age
of
the
tree
expected
life
expectancy
of
such
a
tree
and
overall
health
of
the
tree.
D
Not
to
my
knowledge
at
least
not
between
bartlett
and
the
planning
department,
it
may
be
the
case
that
it
was
previously
discussed,
but
we
have
no
official
comment
from
them
received.
F
I
only
asked
just
to
have
a
few
more
facts
as
to
sure
I'm
certainly
no
tree
expert
but
tree
certainly
looks
big
and
old,
but
is
it
a
tree?
That's
got
decades
of
life
left
or
or
not.
D
D
D
I'm
not
sure
again
that
was
not
indicated
or
provided
to
us.
D
It
does
mention
here
in
the
email
that,
let's
see
here,
that
I
guess
bobby
freylix
fralix
has
prescribed
fertilization
to
improve
the
health
and
extend
its
life,
help
extend
its
life,
which
mr
campbell
feel
is
under
the
impression
that
is
needed
at
this
time,
but
there
is
no
indication
of
if
that
were
to
be
successful,
how
much
longer
the
tree
would
live
or
of
its?
You
know
they
don't
indicate
actually
how
old
it
is
either
in
this.
This
comment
that
we
received.
F
E
D
Yeah,
I
didn't
specifically
proceed
onto
the
property
to
to
pull
that
measurement.
D
The
applicant
may
know
a
little
bit
better
exactly
where
on
the
lot
it
is
located
and
it
is
not
there's
no
indication
on
this
site
plan
as
to
where
exactly
the
tree
is,
but
I
I
believe
it
is
close
enough
to
where,
if
the
house
were
to
be
properly
located
or
to
be
located
with
regard
to
the
10-foot
setbacks,.
D
In
order
to
preserve
the
existing
porch
and
include
the
new
driveway,
that
tree
would
have
to
be
removed,
so
the
idea
is
to
to
shift
everything
southward
in
order
to
preserve
the
tree.
So
it's
somewhere
in
that
25
foot,
you
know
span
between
the
proposed
location
and
the
the
north
property
line,
I'm
not
entirely
sure
how
far
off
it
is,
but
again
yeah.
It
sounds
as
if
per
the
applicant's.
D
You
know
comments
that,
in
order
to
preserve
basically
that
side
porch
and
include
a
new
driveway
on
that
north
side,
the
tree
would
be
in
the
way
at
some
point,
I'm
not
sure
how
far
in
or
how
yeah
exactly
how
far,
but
the
applicant
may
be
up
here,
able.
E
G
A
D
I
guess
it
sounds
like
in
order
to
again
kind
of
construct,
a
new
driveway
while
also
maintaining
that
original
porch
orientation.
D
So
the
tree
is
close
enough
to
the
lot
line
to
where
again,
if
they,
if
they
were
to
go
ahead
and
put
that
that
driveway
in
there
and
keep
the
porch
intact,
while
maintaining
the
side
yard
setback
requirements
of
10
feet.
That
would
basically
overlap
with
where
the
tree
location
is
so.
The
driveway
would
basically
kind
of
cover
over
the
over
the
tree.
E
D
Correct,
I
believe,
that's
correct
the
applicant
again
may
be
able
to
specifically,
you
know,
indicate
where
on
the
lot
it
is,
but
it's
my
understanding
that,
in
order
to
have
the
12
foot
wide
driveway
installed,
preserve
the
porch
and
relocate
the
home
all
intact,
the
tree
would
have
to
be
removed
or
the
the
setback
variants
would
have
to
be
granted
on
the
southern
property
line.
There.
C
Want
to
shorten
the
the
line
on
the
right-hand
side.
D
B
Yes,
sir,
could
you
put
that
drawing
back
up
showing
the
footprint
of
the
house?
B
D
Exactly
but
sorry
go
ahead,
go
ahead
again,
it's
my
understanding
that
it
would
it
would
this.
This
is
a
rendition
of
what
it
would
look
like
if
it
were
shifted.
So
if,
if
the,
if
everything
was
shifted
to
back
to
the
north,
another
five
feet,
it's
likely
that
the
excuse
me,
the
driveway,
would
overlap
the
tree.
Okay
or
you
know
it
would
basically
yeah,
but.
D
B
Where
the
tree
is
in
relation
to
the
footprint
so
really
he's
showing,
if
I
understand
this,
drawing
correctly
he's
showing
the
driveway
coming
all
the
way
well
into
the
property
and
swinging
behind
the
house
or
to
the
east
side
of
the
house,
I.
D
I
believe
that's
correct,
yeah,
that's
the
indication
here
that
it's
it's
a
12-foot
wide
driveway
there
yeah
so.
B
D
That
would
that
could
be
a
possibility
again.
I'm
not
sure
if
this
thing
has
a
my
guess
is
the
tree
is
somewhere
in
here
and
again
shifting
it
five
feet
back.
You
know
to
the
north.
That
would
require
the
tree
to
come
down
if,
in
fact,
the
driveway
were
that
long
and
wrapping
around
yes
right.
D
B
But
if,
but
again
without
knowing
the
spot
on
that,
drawing
where
the
tree
is
in
relation
to
the
driveway,
we
can't
tell
right
now
whether
that
driveway
could
be
shortened,
we're
still
allowing
for
the
driveway
still
allowing
for
the
right
setback
and
saving
the
tree.
We
just
couldn't
swing
around
the.
D
Right,
it's
possible
again,
I'm
not
sure
you
know
the
specific
reason
for
this
particular
driveway
design.
This
was
just
what
was
kind
of
submitted
to
us,
but
yeah.
It's
it's
conceivable.
I
guess
that
you
know,
depending
on
exactly
where
the
tree
is,
the
driveway
could
be
shortened.
Okay,.
D
A
G
I
would
just
like
to
respond
to
the
last
question.
The
reason
why
we
have
the
driveway
going
past
the
tree
is
it's
a
fairly
deep
lot
and
we
envisioned
that.
Probably
someone
would
build
the
garage
in
the
back,
and
that
would
be
that
would
prevent
if
you
shorten
the
driveway,
you
wouldn't
be
able
to
get
to
the
garage
in
the
back.
Initially
we
tried
to
duplicate
what
they
had
coming
from
the
south
side.
G
They
have
a
little
alley
on
the
houses
that
were
built
off
of
collaten
and
so
forth,
but
we
couldn't
get
the
other
current
owners
to
agree
to
extend
that
alley
down.
So
we
could
enter
from
the
rear.
That
was
our
original
plan
to
try
to
enter
from
the
rear
instead
of
to
keep
from
have
to
correct
from
having
the
the
curb
cut
and
so
forth
on
williamsburg,
it
will
be
the
only
two
lots
on
that
street
that
has
that
okay,
but
we
couldn't
get.
E
G
G
It
would
be
very
tight
to
to
put
a
driveway
in
there
and
probably
probably
not
be
able
to
put
a
10
foot
in
there,
okay
between
the
existing
lot
line
on
the
north
and
the
tree.
So
we
would
like
to
put
the
driveway
on
the
south
side
of
the
tree
and
save
the
tree.
E
G
So
they're
going
to
be
four
houses
going
in
there
and
the
person
who
purchases
is
in
connecticut
and
we're
going
to
try
to
resolve
the
issue
of
that
fence,
but
it
really
is
not
going
to
affect
what
we're
going
to
do
with
the
tree,
but
that's
the
live
line.
The
tree
is
the
I
mean
the
fence
is
the
lot
line
on
the
north
side.
Thank.
C
C
Mr
mcgregor,
the
property
next
door
to
that
is
that
who
owns
that
property?
I
mean
it's.
I
don't
mean
necessarily
is
that
one
of
your
properties.
C
G
E
G
Well,
it's
a
house
that
was
built
somewhere
in
the
early
1900s
and
so
forth.
It
was
owned
by
cumberland,
recently
corner
of
kirkshaw
in
richland
and
it's
a
craftsman
type
house.
It
was
built
in
the
early
part
of
the
century
and
we
think
it's
significant
to
be
saved.
G
Don't
really
know,
I
was
born
right
across
the
street
from
that
house.
Okay
and
my
mother
knew
the
family
that
lived
there
when
she
was
born
there.
Okay
and
didn't
have
a
whole
lot
of
background
on
who
the
family
originally
lived.
There.
The
church
probably
bought
it
20
years
ago,
maybe
number
one
amy
transported
and
they
were
going
to
have
the
house
torn
down
and
have
a
parking.
G
And
they
never
proceeded
in
getting
that
plan
finalized,
I'm
a
member
of
cumberland,
so
I
was
involved
in
that
the
early
discussions
on
that
house
and
they
had
already
torn
down
the
parsonage.
That
was
next
door,
so
there
were
two
houses
from
the
church
and
they
tore
down
that
one
and
with
the
intention
of
building
a
parking
lot-
and
it's
still,
you
know
it's
still
vacant-
it's
not
really
used
as
a
parking
lot
now,
so
they
were
going
to
tear
this
other
one
down
and
we
asked
them
if
they
would.
B
And
you
you
subdivided
that
was
a
larger
lot
right.
G
G
B
G
Are
both
lots
were
split
in
half
so
they're
about
75
feet,
they're,
not
about
they're
each
approximately
75
feet
frontage
right.
We
could
reduce
the
southern
lot
by
you
know
five
or
five
feet
or
so
and
move
that
to
70
feet
and
the
other
would
be
80
feet,
and
it
would
probably
give
us
enough
room
to
do
that.
Yes,.
B
Would
it
allow
you
if
you,
if
you
made
that
adjustment,
would
you
still
have
we're
not
trying
to
I'm
not
trying
to
say
have
one
buildable
lot
meet
the
very
meet
meet
the
setback
requirements
and
have
something
that's
less
than
a
buildable
lot
and
and
you've
got
your
footprint
outlined
here
on
the
other
lot
that
you
plan
to
develop
at
some
point
in
time,
but
you're
going
to
build
a
new
you're
going
to
stick
build
a
new
residence
there
right
you're
not
going
to
move
anything
there.
G
Unfortunately,
we're
not
able
to
move
the
house
that
we
had
planned
to
move
there.
Yes,
so,
yes,
we
could
configure
the
new
bill
to
fit
into
a
70-foot
lot.
Yes,
frontage
line.
G
Don't
know
how
that
would
change
the
you
know,
market
value,
the
properties,
but
you
know
it
could
be
done.
Yes,.
B
If
that
be
approved
to
permit
a
five
foot
side,
yard
setback
for
the
relocation
residential
structure
at
230,
williamsburg
street
southeast.
That
location
of
the
improvements
be
consistent
with
the
submitted
site
plan
that
the
final
order
run
with
the
land
and
and
that
the
final
order
shall
be
recorded
in
aitkin,
county
rmc,
ops,.
F
Well,
just
following
up
to
board
member
coward's
earlier
comment,
I
mean
right
now:
the
property
lines
are
arbitrary.
He's
got
two
lots.
F
C
E
E
And
we
have
already
there's
a
precedent.
I
think,
if
you
recall
a
few
years
ago,
maybe
five
there
was
a
setback
issue
at
the
very
corner
of
colleton
and
williamsburg
street,
where
the
front
and
side
setback
was
pushed
out,
so
they
could
put,
I
think,
the
house
closer
to
the
street
and
run
a
fence
along
there.
E
So
there
are,
we
have
already
allowed
such
variances
in
in
the
setbacks
of
other
properties,
in
that
neighborhood.
D
Mr
chairman,
may
I
add
something
also
just
to
quickly
note
here
that,
if
the,
if
and
when
the
the
southern
parcel
is
developed,
if,
if
that
structure
conforms
to
the
setback
requirements,
notably
10
feet
on
the
on
that
sort
of
north
side,
the
10
foot,
plus
the
5
feet,
would
be
in
compliance
with
minimum
building
separation
requirements
of
15
feet.
So
there
would
be
no
additional
problems
there
as
far
as,
as
far
as
you
know,
the
comprehensive
plan
or
fire
safety
issues.
F
Yeah,
no
I'm
not
it
any
complications
would
fall
back
on
the
the
person.
That's
asking
for
the
variance.
So,
ultimately
I
don't
really
have
a
ton
of
heartache
over
it,
but
it
just
you
know
I
try
to
be
frugal
with
with
variance
requests
and
you.
C
F
I
still
don't
have
a
good
report
on
the
tree.
That
tree
doesn't
look
that
great
to
me.
You
know:
we've
already
got
our
own
horticulturalists
who's
already
encouraging.
That
needs
a
lot
of
tlc
and
gee.
We
gotta
see
if
we
can
keep
it
alive,
and
so
I
would
just
say
for
for
future
reference
it'd
be.
It
would
have
been
nice
to
have
a
little
bit
more
information
on
the
tree
health.
F
As
I
said,
get
given,
given
it's
the
same
owner,
you
know
I
don't
I'm
ultimately
not
going
to
have
a
big,
a
lot
of
heartache
over
voting.
F
B
Say
for
sure,
but
you
know
adjusting
a
property
line
in
in
in
my
current
career,
I've
adjusted
going
out
and
had
a
survey
right
and
moved
the
stakes
over
five
feet
or
whatever.
Yes,
it's
some
expense
because
they
have
to
go
out
and
do
the
field
work,
locate,
relocate
the
corners
and
that
type
of
thing.
Yes,
it
will
be
an
expense
to
the
owner.
B
But
aside
from
that
and
addressing
your
concern
brandon
with
regard
to
the
the
trees,
health
and
everything,
would
you
entertain
an
an
amended
motion
to
say
that
the
if
this
variance,
if
this
board
grants
us
variance
that
there
also
be
a
also
be
a
a
program
or
something
put
in
place
to
go
along
with
the
bartlett
tree
recommendation
that
they
do
some
fertilization
and
make
every
attempt
to
lengthen
the
life
of
the
tree?.
F
A
That
was
the
intent
of
my
original
motion
or
question
back
to
the
city
about
the
report
that
we
actively
that
report
is
filed
and
that
we
actively
activate
the
recommendation
contained
in
that
report.