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From YouTube: Board of Zoning Appeals March 28, 2023
Description
Board of Zoning Appeals
March 28, 2023
5:30 PM
Call to Order
Minutes
Old Business:
Final Orders
New Business:
A) Application 23- 92003— Special Exception request from Brian Parks to permit
a detached accessory apartment on property at 1542 Redd St. NW. Zoned RS10.
TPN: 104- 10- 04- 002.
B) Executive Session: Purpose is to receive legal advice relating to a pending,
threatened, or potential claim or litigation or other matters covered by the
attorney- client privilege from BZA Attorneys.
(Must be authorized by a motion and vote of the Board.)
Adjournment
A
A
A
A
A
A
D
A
D
C
A
A
F
F
F
A
F
Do
require
a
special
exception
if
located
in
a
non-conforming
structure,
information
provided
by
the
applicant
about
proposed
dimensions
and
layout
of
the
detached
apartment
just
contain
an
Exhibit
C
of
your
agenda
packet
Illustrated.
Here
there
will
be
a
slight
addition
to
the
left
side.
I
believe
I'm,
increasing
the
square
footage
to
approximately
500
square
feet,
so
it'll
be
five
feet
in
addition
on
the
left
side
of
the
structure
there
as
you're
facing
the
structure
to
include
a
bath
and
some
additional
storage,
as
well
as
enclosing
the
the
structure
and
improving
it
for
habitation.
F
Section
341,
which
is
exhibit
B
in
your
agenda.
Packet
states
that
to
permit
an
accessory
Department,
a
lot
must
have
an
area
of
at
least
10
000
square
feet
and
a
minimum
width
of
at
least
75
feet.
In
addition,
either
the
principal
dwelling
or
the
accessory
Department
must
be
occupied
by
the
property
owner.
F
F
In
addition,
the
applicant
has
stated
that
the
intent
to
conform
to
Section
341
and
that
the
character
of
the
site
will
not
be
altered,
since
the
principal
use
shall
be
excuse
me
shall
remain
single
family
residential
as
depicted
on
the
attached
zoning
map
found
in
exhibit
D
adjacent
properties
to
the
east
here,
west
and
south
here,
and
here
are
zoned
as
well.
Rs10
and
developed
a
single-family
residential
lot.
Size
varies
between
0.39
and
0.68
Acres.
F
F
Across
red
Street,
Northwest
is
unincorporated,
but
is
currently
utilized
as
a
tele
as
telecommunications
infrastructure
and
for
the
storage
of
telecommunications
equipment.
I
believe
it
is
Atlantic,
Broadband
or
Breeze
line,
or
something
like
that.
But
it's
it's
basically
a
telecommunications
facility.
F
F
F
That
is
the
structure
in
question
to
the
rear
there.
You
can
see
the
approximate
distance
between
the
applicants
home
here
and
the
adjoining
property,
which
is
also
owned
by
the
applicant
as
well
as
sort
of
the
distance
between
it
and
the
the
undeveloped
property
to
the
north.
There.
It's
also,
as
you
can
see
currently
used
for
some
storage,
looks
like
that's
about
I.
Believe
again,
that's
just
kind
of
taking
a
step
back
to
to
indicate
how
far
it
is
from
from
the
other
structures,
primary
structures
on
the
adjoining
lot
and
the
home
on
the
site.
F
E
F
Is
just
a
close-up
of
the
structure
itself
again
that
would
it
would
be
built
to
code,
but
basically
just
enclose
and
increase
a
little
bit
of
square
footage,
approximately
five
feet
on
this
side
here,
I
believe
to
accommodate.
You
know
that
additional
square
footage
and
whatever
necessary
facilities
to
make
it
you
know
habitable
for
human
space,
I
believe
like
again
they're
on
the
site
plan.
He
had
indicated
that
the
bathroom
would
be
put
on
that
side.
F
F
B
F
A
B
F
No,
no,
it's
my
understanding
that
yeah
I
mean
it
is
unplanned
residential,
so
it
would
have
to
go
through
concept
plan
approval
for
any
sort
of
development
on
that
site,
and
part
of
that
is,
is
generally
a
a
significant
buffer
between
the
new
development,
any
pre-existing
residential
development.
So.
F
I
mean
I'm
not
sure
how
much
it
would
impact
it.
Given
you
know,
there's
there's
sort
of
these
these
requirements
that
are
part
of
the
concept
plan,
approval
generally
speaking,
but
I
do
know
that
the
there's
been
some
interest
in
developing
that
site
over
the
years,
but
it's
it's
remained
undeveloped
for
a
number
of
reasons,
I
think
it's
it's.
It's
been
difficult
to
get
that
water
tower
and.
B
F
F
So
basically
it's
it's
been
investigated
in
the
past
several
times,
but
basically,
you
know
has
become
too
much
of
a
project
or
something
like
that.
Something
of
that
nature
for
it
to
have
been
developed,
but
again
there
there
would
be
there
would
be
a
buffer
between
that
development
and
the
pre-existing
residential
development
prior
to
it
being
developed.
A
F
To
my
knowledge,
it's
it
doesn't
get
too
specific.
As
far
as
that
requirement,
the
only
thing
that
the
ordinance
States
is
that,
basically
it
has
to
be
behind
the
the
primary
structure.
So
you
know
it
doesn't
get
too
much
into
detail
as
far
as
if
it's
parking
pad
is
required
or
anything
like
that,
but
basically
they
would
just
have
to
park
somewhere
behind
the
the
house.
Yeah.
G
John
with
the
the
setback
issue,
I
was
out
there
today
and
I
paced
it
off
it's
about
eight
feet
from
what
I
could
determine
and
there
is
a
phone
line
that
runs
down
the
back
of
that
is
there
any
kind
of
buffer
on
either
side
of
the
phone
line?
What
kind
of
right
of
way
does
a
telephone
company
that
could
maybe
extend
that
setback?
Someone
yeah.
F
F
But
you
know
it
I'm,
not
sure
how
old
the
structure
is,
but
I
mean
there's.
This
isn't
a
unique
situation
insofar
as
there
there
are
a
number
of
pre-existing
structures
that
you
know
are
located,
perhaps
in
easements
or
in
setbacks
that,
just
because
of
the
age
of
the
structure,
you
know
they're
kind
of
already
there
so
I'm,
not
sure.
Typically,
you
know
anything
new.
F
F
F
Yes,
if
it
were
a
new
structure
located
in
the
setbacks,
there's
a
potential
for
him
to
get
an
accessory
waiver.
We
do
offer
that
for
the
city
as
long
as
surrounding
properties
were
okay,
with
with
a
accessory
structure
being
in
these,
the
setbacks,
that's
something
that
can
be
administratively
approved
essentially,
but
because
it's
it's
a
it's
a
dwelling
unit,
it
requires
a
special
exception.
G
F
Man
cave
I'm,
not
sure
the
applicant
might
be
able
to
to
answer
that
question,
but
it
was.
It
was
my
understanding
that
it
was
to
be
applied
for,
as,
as
potentially
being
you
know,
lived
in
and
as
a
result
it
it's
it
it's
a
apartment.
More
so
than
a
I
mean
the
plan
includes
a
like
a
bathroom
in
a
kitchen.
F
C
This,
but
thank
you,
Max
the
well
two
things,
one
two
looked
at
the
back
part
of
the
property
and
the
building
and
did
see
what
appeared
to
be
some
type
of
easement,
either,
be
it
for
phone
or
power,
or
something
like
that.
So
without
the
serve
without
a
survey
without
a
platter,
the
property
or
survey,
we
can't
for
sure
say:
yes,
that's
an
that's
an
easement,
that's
right
away
or
whatever,
but
right
now
it
looks
like
there's
a
little
bit
of
a
buffer
there.
C
F
D
F
It's
difficult
for
them
to
I
guess
stop
the
person
from
tying
into
the
main
house,
I
mean
it
will
have
to
probably
get
addressed
as
part
of
Aiken
911
but
yeah.
Theoretically,
it
would
have
its
own
basically
meter
and
Sewer
top,
but
it's
it's
something
that
you
know
they
could
potentially
tie
into
the
pre-existing
infrastructure.
So.
F
F
That
was
the
only
only
drawing
submitted
to
us.
I
mean
that's
that's
more
of
a
obviously
a
rough
rough
sketch
of
of
the
plan.
I
think
it's
just
to
illustrate
the
The
increased
square
footage
to
meet
the
minimum,
but
certainly
Building
Inspections
would
have
to
get
a
more
detailed.
You
know
drawing
architectural
drawing
for
for
making
it.
You
know
habitable
space
yeah.
C
F
Yeah,
if,
if
approved
it
would
it
would
just
go
to
the
applicant,
would
only
be
required
to
then
submit
a
building
permit
application,
which
would
then
be
reviewed
by
both
engineering
and
us
I
mean
we
would
basically
sign
off
on
it,
saying,
like
the
special
exception,
was
pre-approved
prior
to
the
submittal
of
the
application
building
permit
application,
but
it
is
not
located
in
either
of
our
historic
overlay.
So
there's
no
additional.
A
H
A
H
H
Concerned
I
think
he
already
had
contacted
a
contractor
and
looked
at
the
measurements
and
the
costs
and
things
and
I
think
part
of
it
that
storage
area
he
wants
to
put
like
a
little
laundry
room
where
that
is
because
it
won't
be
all
storage.
But
he
did
have
some
gentlemen
to
come
out
last
week
and
look
at
the
measurements
how
much
it
would
cost
to
close
it
in
and
it
would
be
a
contractor.
H
H
H
E
H
Like
he
said,
if
you
want
to
be
a
man
cave
and
just
in
case,
it's
you,
they
said
like
a
little
apartment.
He
would
have
something
there,
because
we
do
have
family
coming
in
and
out
from
out
of
town
at
times
from
different
areas,
Atlanta
and
and
if
they
have
to
stay
there
for
a
day
or
so
you
know
they
would
have
someone,
you
know
somewhere
to
wash
clothes
if
they
needed
to.
H
Thank
you
and
that
right
away
behind
and
just
like
Mr
Mac
said
that
area
behind
we've
fall
forever
and
Mr
oak
tree,
knowing
that
it's
undeveloped
people
have
bought
that
property.
But
it's
been
so
many
tires
men
that
it's
been
an
endangerment
to
the
environment
and
anybody
build
back
there.
They
would
have
to
do
a
lot
of
digging
and
a
lot
of
cleaning
up
back
there
before
anybody
can
Bill
back
there,
because
recently
we
had
I
mean
this
doesn't
apply
to
y'all.
H
Someone
had
wanted
to
build
a
Housing
Development,
a
residential
area
back
there
and
after
the
community
showed
them
and
listen
to
not
the
first
time
that
the
condition
of
that
land.
It
would
take
a
lot
with
DHEC
and
a
lot
of
money
to
develop
that
land
and
a
lot
of
people
don't
know
about
it,
because
people
when
they're
selling
property,
they
don't
tell
you
all
the
pros
and
cons
of
anything.
They
just
tell
you.
H
You
know
that
we're
going
to
develop
this,
and
this
is
going
to
be
it,
but
they
don't
tell
you
the
real
story
of
the
the
situation
and
it's
it's
kind
of
sad
and
I.
Think
someone
just
purchased
it
again
from
Atlanta,
but
the
previous
owner
then
tell
them
the
condition
of
that
property
back
there.
So
it
would
be
a
cost
them
a
lot
more
than
what
they
bought
that
property
for
to
clean
it
up.
H
H
There's
tons
of
tires
back
there
and
they're
buried
deep
into
the
ground
and
DHEC
have
been
involved
in
the
community
has
been
involved
for
years
about
that
property
back
there,
and
when
people
find
out
what's
back
there,
they
can't
do
nothing
with
it
because
they
can't
afford
to
do
it.
Recently.
We
had
a
gentleman
from
Augusta
that
had
purchased
that
land
and
he
wanted
one
way
in
and
out
of
a
similar
Street.
H
He
wanted
to
put
100
in
some
housing
area
units
back
there
one
way
in
one
end,
but
when
he
found
out
the
condition
of
that
property,
it
was
nothing
he
could
do
with
it
and
plus
the
community
made
him
aware
that
it
would
be
unsafe
to
do
that,
and
recently
I
got
a
call
from
a
firm
in
Atlanta
that
they
have
purchased
the
land,
but
he
didn't
tell
them
to
be.
You
know
they
didn't
tell
them
the
condition
of
that
property.
H
Was
there,
so
you
know
it's
it's
like
I
said
it's
been
an
ongoing
thing
for
years
back
there,
because
they
use
that
it
wasn't
a
city
dump.
It
was
people
that
used
it
as
a
a
dumping
area
and
even
down
further
on
representative
Drive,
where
houses
are
built
where
my
daughter
lives
down
on
representative
drive.
H
That
was
a
kind
of
a
dump
off
so
people,
because
it
was
all
wooded
area
at
that
time
and
they
would
just
go
back
there
and
dump
dump
items
and
tires
and
stuff
from
different
businesses
and
and
just
used
it.
You
know
what
I
want
to
say
as
adults
they
abused
it.
I
put
it
like
that.
They
abused
that
empty
area
back
in
the
woods,
wow.
C
C
H
C
You
think
and
not
having
the
design
or
anything,
and
it's
not
the
purpose
of
this
committee
to
approve
a
design
or
the
engineering
or
anything
like
that.
But
do
you
think
since
parking
may
be
required
or
an
allowance
for
a
car
to
park
back
there?
Do
you
think
your
driveway
might
be
extended
some
way
so
that
you
can
have
say
a
dedicated
parking
area
for.
H
H
Oh,
yes,
where
those
two
Pines
are
right:
there
you
go
straight
there
and
then,
on
the
other
side,
next
to
the
other
resident
that
Eric.
It
goes
straight
back
because
that's
where
he
goes
right
back
on
that
side,
okay,
so
it
would
be
Amper
area
for
him
to
with
no
prop.
You
know
with
no
problem
at
all.
They
extend
his
walkway
his
driveway
and
go
back
that
way,
so
nobody
would
really
have
a
problem
with
it.
Okay,.
H
C
B
Yeah,
the
sports
has
there
been
any
by
your
son
or
whoever
it's
too
bad.
We
don't
have
a
real
plan
here,
not
that
I'm
a
building
expert
by
any
stretch,
but
has
there
been
any
analysis
on
how
to
how
this
could
be
built
and
be
conforming,
in
other
words,
you're,
adding
a
fairly
sizable
Westward
leg
to
the
existing
slab
of
cement?
That
you
have
is
the
goal
to
preserve
the
carport
structure
in
its
entire
I.
A
B
H
H
B
And
to
do
to
cover
the
additional
area,
yes
and
then
so
so
you
got
four
carport
poles
to
deal
with
I
guess.
I
was
just
curious.
If
there
was
any
sort
of
analysis
that
had
been
done
to
it,
just
doesn't
seem
to
be
overly
complicated
to
you're
already
pouring
cement
you're
already
changing
the
roof
line.
H
B
That's
just
it
I,
don't
know
again:
I
I
completely
understand
a
guy
goes,
listen
I,
just
want
to
add
walls
of
this
thing,
make
it
my
accessory
apartment.
You
know,
I,
know
I.
That
makes
sense
to
me,
but
he's
got
a
whole
lot
of
he's
got
a
whole
lot
of
changing
to
do
here
and
pouring
cement
anyway.
I,
don't
know
how
much
of
this
roof
structure
is
salvageable
again
I'm,
not
a
builder,
but
right
right,
I,
don't
know!
He's
got
a
lot
of
stuff
going
on
here
that
I
think
with
some
reconfiguring.
C
A
D
B
That
I
would
throw
out
there
I
I
the
two
things
that
bother
me
about.
This
are
on
the
element:
four
compatible
with
existing
uses
adjacent
to
and
near
the
property.
This
gets
back
to
the
planned
residential
area
to
the
north
of
that
I
I'm,
just
a
little
uncomfortable,
giving
zoning
ordinance
waivers.
B
That
could
potentially
impact
an
unknown
planned
residential
area
to
to
the
rear
of
the
property,
certainly
I'm
sympathetic
to
hardship
on
trying
to
salvage
the
existing
structure
and
all
that,
but
to
me,
without
detailed
plans
and
and
and
a
good
faith
effort
to
have
investigated
how
this
could
be
done
when
I
think
a
lot
of
the
elements
are
going
to
have
to
be
rearranged
to
begin
with,
to
have
stayed
to
have
made
it
a
conforming
building.
Just
in
the
absence
of
that
I'm
gonna
I'm
gonna
reluctantly
probably
vote
against
this
waiver.
B
You're
you're
you're
zoning
exception
that
has
to
meet
11
criteria
for
us.
One
sticking
point
for
me
was
one
that
was
outlined
about
the
granting
of
the
zoning
variants
need
to
make
sure
it
would
be
still
compatible
with
existing
use
of
any
adjacent
property
owner
or
development,
and
we
don't
have.
We
have
a
property
owner,
but
we
don't
have
a
developer
yet
here
to
give
us
feedback,
whether
they
care
or
not
care
what
goes
on
because
technically
they're
inside
that
buffer
zone
to
that
next
property
behind
you.
B
But
for
me
grant
for
me
granting
a
zoning
variance
means
that
all
exhaustive,
reasonable
efforts
have
been
made
to
make
that
conforming
and
to
me
in
the
absence
of
what
you've
got
to
do
to
move
stuff
around
and
report
a
part
of
the
slab
and
I'm
not
sure
how
much
of
that
structure
is
salvageable.
To
begin
with,
just
seems
like
a.
B
Yeah
I
know
I,
know
you're,
not
I,
know
you're,
not
I,
know
you're
not
trying
to
expand
further
into
the
to
the
issue.
The
whole
Parts.
My
whole
thing
was
there,
there's
been
in
my
mind,
an
absence
of
trying
to
figure
out
since
I'm
out
there
re-pouring
concrete
anyway
right,
expand
the
pad
to
stay
inside
and
make
it
conforming
and
I.
Think
your
elements
of
a
carport
are
going
to
get
moved
anyway
or
or
partially
demolished
or
adjusted.
E
B
Just
doesn't
look
like
yeoman's
work
to
make
your
pad
inside
the
conforming
thing
and
Salvage,
whatever
elements
that
you're
going
to
have
to
change
anyway
of
the
overhang
before
you
start
Walling
in
and
make
it
conforming.
So
in
the
absence
of
that
due
diligence
and
some
sensitivities
with
the
planned
residential
area
behind
you,
who's,
no
one
here
to
defend
that.
At
this
point,.
A
A
Thankful
you're
welcome
we'll
continue
our
period
of
discussion
and
some
time
ago.
I
did
look
at
that,
probably
for
another
reason,
and
one
of
the
things
that
I
observed
at
that
time
that
the
city
water
tower.
That's
there,
that
water
tower
is
maintained
by
the
city
and
there
is
a
buffer
zone
for
the
roadway
to
the
water
tower
that
extend
quite
a
ways
down
that
that
piece
of
property
in
the
back.
So
there
is
a
buffer
zone
that
is
not
shown,
and
hopefully
that
could
be
shown
on
subsequent
Maps.
A
If
that
area
behind
it
was
developed
the
undeveloped
area,
but
it
does
show
a
buffer
zone
for
the
city
to
maintain
a
roadway,
possibly
an
alley.
If
it
was
developed,
they
would
go
through
there.
It
was
developed
as
a
residential
area
that
just
for
another
piece
of
information
that
I
picked
up
years
ago,
when
we
looked
at
the
property
for
other
reasons,.
B
B
In
other
words,
I
I
would
I
would
I
would
take
the
same
tact
if
that
one
two
down
or
the
one
on
the
corner,
wanted
to
convert
that
into
something
and
would
open
it
up
to
requiring
a
variance
from
us
to
allow
any
change
to
the
building.
So,
yes,
technically
you're
you're
right,
regardless
of
what
we
do
there
you're
going
to
have
two
buildings
at
least
that
will
still
infringe
upon.
It,
looks
like
that
10-foot
buffer
area.
E
C
B
And
again
it
I'm
all
for
granting
variances
when
there's
hardship.
You
know
gee
I
can't
do
this
or
but
I
don't
think
it's
been
even
investigated
and
given
the
given
the
elements
they
got
to
go
through
to
I
mean
it's
just
a
it's
a
Well
Done
carport,
but
it's
just
a
carport,
four-pole
carport
the
roof
lines
got
a
change
on
it
anyway.
I
don't
know
how
much
of
that
that
structure
is
salvageable
or
extendable
to
begin
with
so
again,
I'm,
not
not
a
building
expert
and
it
may
be
simpler
than
I'm
thinking.
E
B
Me
there's
almost
no
reason
not
to
just
Direct
get
your
pad
right.
What
you're
going
to
be
pouring
anyway
at
least
additions
to
anyway,
and
then,
if,
if
the
polls
can
be
moved
or
somehow
any
part
of
that
roof
line
can
be
modified,
then
I
would
I
would
assume
it
could
be
also
moved
as
well,
then
you're,
not
here
in
front
of
us.