►
From YouTube: Board of Zoning Appeals February 28, 2023
Description
Board of Zoning Appeals
February 28, 2023
5:30 PM
Call to Order
Minutes
Old Business:
Final Order
New Business:
1) App 23- 92002 — Special Exception request from Emily Nordby to permit horses on
property at 1623 Highland Park Dr. SW. Zoned RS- 15. TPN: 105- 05- 10- 007.
Adjournment
A
On
or
before
February
3rd
2023
signs
were
posted
on
all
the
properties
notice
of
this
meeting
was
also
sent
by
February
24th
for
posting,
on
the
city
webpage
and
to
the
city
clerk
for
posting,
on
the
municipal
building
notice
board
at
least
24
hours.
Before
this
meeting
agenda
sheets
were
mail
or
email
to
interested
parties.
B
A
Person
giving
testimony
to
this
board
knowingly
providing
false
information.
Now,
that's,
according
to
section
22-9
and
of
the
Aiken
municipal
code,
each
infraction
is
a
separate
offense
with
a
penalty
of
up
to
30
days
and
are
a
fine
and
one
thousand
ninety
two
dollars
and
fifty
cents
any
person
that
wishes
to
address
the
board.
We
ask
that
you
occupy
the
the
podium.
C
A
A
E
A
On
the
old
business
we
we
have
circulated
copies
of
the
final
orders
that
you
have
already
signed
and
we
have
moved
directly
into
new
business.
F
F
F
F
F
F
F
Direct
access
to
Hitchcock's
Hitchcock
Woods
is
approximately
a
750
feet
from
the
primary
entrance
to
the
property
off
Highland
Park
Drive
Southwest
Hitchcock
Woods
is
identified
in
the
comprehensive
plan
as
a
major
excuse
me
as
the
major
open
space
in
the
region.
The
woods
are
privately
owned,
but
are
open
to
the
public
for
equestrian
and
pedestrian
recreational
activities.
F
As
depicted
on
the
attached
zoning
map
found
in
exhibit
e
nearby
properties
are
developed
as
single-family
residential
and
lot
size
varies
between
0.66
acres
and
two
acres
in
area.
Properties
in
the
immediate
vicinity
are
also
zoned,
RS
15.,
numerous
in
the
property.
Excuse
me,
numerous
properties
in
the
area
have
previously
been
granted
conditional
use
permits
to
allow
horses
but
seem
to
no
longer
have
horses
on
them,
except
for
the
property
directly
to
the
east,
which
does
appear
it
does
appear
to
have
numerous
structures
for
the
keeping
of
horses
exhibit
f
in
your
agenda.
F
Packet
contains
photographs
of
the
property
taken
by
staff
depicting
the
existing
conditions
of
the
property.
This
is
just
a
picture
of
the
the
notice
off
of
Highland
Park,
where
it
intersects
the
road
to
the
north
there.
F
F
F
This
is
just
another
picture
of
the
property
kind
of
looking
East
as
well
just
illustrating
sort
of
this.
This
horse
area
here
the
end
of
it
and
then
there
is
also
it
looks
like
there's
a
barn
and
another
Paddock
area
up
here,
but
this
is
the
property
directly
across
the
street
to
the
east.
There
again
another
picture
of
the
barn
and
another
picture
of
the
barn
there
on
the
neighboring
property.
F
F
Sorry,
this
is
just
another
picture
of
our
notice.
At
the
corner
there
of
Dibble
and
Highland
Park,
there
is
a
railroad
cut
to
the
south
of
the
property.
I
think
believe.
There's
a
four-way
stop
sign.
F
Here
too,
this
is
looking
West
again
to
kind
of
illustrate
the
vegetative
barrier
here
from
the
roadway
and
the
sort
of
this
would
kind
of
I
guess
inhibit
any
access
directly
off
of
the
property
they
would
kind
of
have
to
probably
go
around
and
down
the
roadway-
and
this
is
just
kind
of
looking
South
South
Southwest
towards
towards
Hitchcock
Woods,
just
to
illustrate
its
close
proximity
kind
of
coming
down
here
and
then
Hitchcock
Woods
is
back
in
here
with
the
property
fronts
that
railroad
cut
there
to
the
South.
F
I
believe
are
the
folks
that
submitted
the
comments
saying
that
they're
in
favor
of
the
stable,
but
it's
it's
quite
a
ways
away
from
the
proposed
location
of
the
the
stable,
and
these
are
the
closest
neighbors
to
the
north.
Again
they're
they're
quite
a
ways
away,
but
this
is
just
directly
across
the
street.
F
F
The
planning
staff's
evaluation
of
the
request,
as
well
as
the
applicant's
response
to
the
six
Firearms
criteria-
excuse
me:
12
criteria
can
be
found,
starting
at
page
two
of
the
agenda
packet.
This
concludes
staff's
presentation.
Is
there
any
questions?
I'd
be
happy
to
answer.
E
But
Max
in
the
information
that
we
have,
it
was
mentioned,
giving
giving
it
given
in
the
background
that
the
properties
in
the
vicinity
or
Zone
RS,
15
developed,
a
single
family
residences
and
numerous
properties
in
the
area
have
previously
been
granted
permits
to
allow
horses
to
seem
to
maybe
have
no
longer
no
longer
have
horses
on
them.
Do
you
know
how
far
back
these
conditional
uses
go.
F
Yeah
I
was
able
to
find
that
actually
just
looking
in
our
digital
records
and
I
actually
have
that
in
front
of
me
here.
This
is
just
from
previous
applications,
but
it
looks
like
they
go
back
to
about
1970..
F
F
So
previously
they
were
approved
by
as
a
conditional
use
through
the
Planning
Commission,
but
there
have
been
numerous
numerous
applications.
It
looks
like
one
two,
three
four
five
out
of
the
six
were
approved
but
and
just
in
driving
around
I
wasn't
able
to
determine
that
they
have
remained.
That
way,
looks
like
most
most
have
kind
of
reverted
back
to
normal
residential
use.
Save
for
that
property
across
the
way.
F
I
believe
that
actually
kind
of
predates
all
of
this
I
think
that's
been
there
for
quite
a
while
longer
yeah
the
one
to
the
to
the
east
there,
where
I
showed
you
the
pictures
of
the
pre-existing
barn
and
Paddock
area,
but
yeah
I
mean
there.
There
certainly
is
a
history
of
of
of
approving
horses
in
the
area
dating
back
to
the
70s,
but
it
was
a
slightly
different
process
back
then
it
went
through
Planning
Commission
rather
than
War.
E
Zoning
appeals
well
given
that,
given
that
information,
aside
from
the
current
application,
should
the
owner
across
the
street,
where
the
paddock
is
the
run-in
barn
and
the
two
or
three
horse
stable,
would
they
have
to
come
back
to
this
board
to
put
horses
on
that
property.
F
That's
a
good
question:
I'm,
not
sure
I
mean
we'd
have
to
kind
of
determine
whether
or
not
horses
have
been
kept
on
the
property.
You
know
within
some
reasonable
amount
of
time
or
if
they
have
been
removed.
I'm
not
sure
I
mean
I'm
not
familiar
with
that
property.
Specifically
I
mean
certainly
that
infra,
like
those
structures,
are
still
there.
They
haven't
taken
them
down,
so
presumably
they
they
keep
horses
on
them.
F
At
some
point
you
know
throughout
the
year
or
something
I'm
not
sure,
but
yeah
conceivably
I
mean
if
they
haven't
had
horses
on
that
property.
For
you
know
a
longer
a
long
period
of
time,
they
would
might
have
to
come
back
through
us
through
here.
Yeah.
F
You
know
throughout
that
time
period
I
I
tried
finding
when
they
were
if
they
were
ever
given.
You
know
additional
permission
that
may
run
with
the
land
or
something
like
that.
I
couldn't
find
an
application
for
that
specific
property.
So
you
know
it's
possible
that
it's
been.
You
know
there
for
quite
a
while
outside
of
finding
any
additional
documentation
stating
like
you
know
it
would
run
with
the
land
in
perpetuity
or
something
like
that.
Yeah
I
mean
we'd
have
to
kind
of
assess.
F
You
know
the
situation
whether
or
not
it
was
it
would
be
considered
a
discontinued
use
or
not
over
a
certain
amount
of
time.
Okay,.
G
They
submitted
by
the
stop
sign
basically
I'm,
not
certain
for
the
toe
of
the
boot.
There
yeah.
F
It's
I
mean
they
theoretically
could
go
out
that
way.
I
think
the
only
thing
that
would
be
difficult
would
be
this
portion
here
because
of
that
that
guard
rail
that
on
Dibble
that
would
maybe
preclude
them
from
from
exiting
on
this
side
but
yeah
conceivably.
They
could
shorten
this.
This
I
believe
the
drive
the
existing
driveways
around
in
this
area,
but
yeah
they
could
they
could.
Theoretically,
you
know
reduce
that
distance
significantly
by
coming
kind
of
over
here
by
the
four-way.
Stop,
but
you
know
that's,
that's
would
be
a
dare
prerogative.
A
A
Well,
I
guess
one
question
that
I
have
I
guess
you
were
a
little
bit
put
out
by
the
real
estate
advertising
that
horses
were
permitted.
H
So
then
I
started
looking
into
the
city
requirements
as
far
as
if
I
would
need
like
a
permit
or
anything
to
put
a
small
barn
up
and
then
I
started
realizing
what
the
zoning
District
was.
So
I
actually
extended.
My
due
diligence
period
before
I
closed
on
the
property,
so
that
I
could
find
a
little
more
information
out
and
figure
out
what
it
was
that
I
would
need
to
address
if
it
was
going
to
actually
be
possible
to
have
horses
there.
H
G
G
H
H
C
C
C
F
C
E
H
E
And
so
you
trailer
them
into
town
I.
H
H
E
H
Think
I
mean
immediately
I,
don't
want
to
start
anything
if
I'm
not
going
to
get
anything
approved,
I've
already
spoken
with
fencing
person
and
a
barn
company
too
I
haven't
put
any.
You
know
deposits
down
on
anything.
Yet
so
the
fencing
man
as
soon
as
I
got
approval
here
said
he
would
be
able
to
put
some
fencing
up
and
the
barn
would
take
I
think,
like
eight
or
ten
weeks.
E
Okay
and
currently
the
only
the
only
comment
about
both
you
and
Max
Mac.
The
only
comment
we
have
is
a
neighbor
you're
kind
of
down
the
hill
neighbor
is
that
right,
the
Griffin
is
Griffin
Mr
Griffin.
H
H
H
Directly,
next
to
us
and
she's,
been
great
I
mean
I've
talked
to
her
and
communicated
everything
we
planned
on
doing,
and
it
just
seems
fine
with
it.
Okay
I
mean
this
lady
here
Pat
also
lives
two
houses
down.
She
came
in
to
say
that
she
supported
it
too.
Okay,.
A
E
B
Hi
I'm
Pat
Kirk,
my
husband
and
I,
live
at
1749,
Dibble,
Road
and
the
reason
we
built
there.
So
we
could
take
our
horses
across
Dibble
Road
into
the
woods
best
decision
ever
so
we
welcome
people
in
the
neighborhood
first
of
all,
I
like
to
ride
with
people
and
right
now,
I
I'm
down
to
one
person
who
can
ride
with
me.
B
It's
a
little
safer,
so
Emily
will
be
welcome
for
absolute
sure,
and
you
said
okay,
she
will
go
into
the
woods
across
the
railroad
tracks
and
it's
right
there
if
she
wanted
to
ride
down
to
Rhone,
which
I
sometimes
do
you
just
go
in
the
woods.
You
don't
go
on
Dibble
Road,
you
just
there's
just
a
path,
all
the
way
to
Rhone.
B
B
Had
three
and
you
know
that
land
was
all
owned
by
Harriet
I,
can't
think
of
Harry's
last
name
Delaney.
B
She
owned
all
that
property
and
she
said
she
wouldn't
sell
it
to
us.
If
we
were
ever
to
have
more
than
three
horses
or
to
try
to
run
a
Writing,
Academy
and
I
said
trust
us.
We
don't
want
to
run
anything
but
I'm
we're
down
to
one
and
my
friend
down
the
way
from
us
has
two
and
that's
pretty
much
what
people
do
and
the
people
across
from
where
Emily
would
live.
The
milners
there
were
horses
there,
probably
no
longer
than
two
years
ago,
Ann
and
Tom
from
New
Jersey,
and
she
kept
a
horse
there.
B
C
Off
and
on
but
and
so
has
a
long
history.
A
D
Chairman
I'd
be
glad
to
make
them
Nancy
I
make
a
motion
that
special
exception.
D
105-05-1-0-007,
which
is
pursuant
to
sections
3.15,
is
granted
permission
to
have
horses
on
the
property
that
is
at
1623
Highland
Park
Drive
there
to
be
no
more
than
three
horses
kept
on
the
property
at
any
one.
B
D
Any
vehicles
or
trailers
associated
with
the
keeping
of
the
horses
on
the
property
conform
to
section
4.2.5,
the
keeping
of
horses
on
the
property,
shall
not
be
for
commercial
purposes.
The
equine
maintenance
standards
found
in
section
3.3.23
shall
be
met
and
the
final
order
is
to
run
with
the
land
and
be
recorded
at
the
Aitkin
County
RMC
office.
I
suck
at
the
motion.
B
G
I
think
the
applicant
pretty
clearly
demonstrated
well
thought
out
plan
and
I
think
check,
clearly
checks
off
all
the
11
criteria.
That
I
saw.