►
From YouTube: BOARD OF ADJUSTMENT (6/16/22)
Description
BOARD OF ADJUSTMENT
June 16, 2022
DOWNLOAD AGENDA
1. BD-2022-021 PRESENTED BY: Shane & Melissa Heath
REPRESENTING: Same
SUBJECT: Request a special exception to place a mobile home for living purposes on the west side of Mitchell Young Road, approximately 2,500 ft. north of Selma Highway, in an AGR-1 (Residential Agriculture) Zoning District.
2. BD-1983-116 PRESENTED BY: Fastsigns-Montgomery
REPRESENTING: All About Kids Pediatrics
SUBJECT: Request a setback variance and interior lighting for a new ID sign to be located at 2895 Zelda Road in an O-2 (Office) Zoning District.
3. BD-2022-027 PRESENTED BY: Donald Lewis
REPRESENTING: Same
SUBJECT: Request a side yard variance for an accessory structure located at 3518 Woodpark Drive in an R-75-s (Single-Family Residential) Zoning District.
4. BD-2022-028 PRESENTED BY: Rayfield Parks Sr.
REPRESENTING: Same
SUBJECT: Request a coverage variance for an accessory structure to be located at
5642 Carriage Brook Road in an R-65-d (Duplex Residential) Zoning District.
5. BD-1996-019 PRESENTED BY: Selena & Walter Johnson
REPRESENTING: Same
SUBJECT: Request a special exception for church use to be located in a multi-tenant building located at 461 North Eastern Boulevard (Unit L) in a B-3 (Commercial) Zoning District.
6. BD-2022-026 PRESENTED BY: David Edward Day Sr.
REPRESENTING: Same
SUBJECT: Request a special exception to keep chickens on the property located at 112 Kent Street in an R-60-s (Single-Family Residential) Zoning District.
7. BD-2000-148 PRESENTED BY: Bill Wilson, P.E.
REPRESENTING: RaceTrac, Inc.
SUBJECT: Request setback variances for new ID signs to be located at 5705 Troy Highway in B-2 (Commercial) and M-1 (Light Industrial) Zoning Districts.
8. BD-1995-164 PRESENTED BY: Luis Enriquez Jr.
REPRESENTING: Same
SUBJECT: Request a special exception to place a mobile home for living purposes on a lot located at 12088 Waremont Court in an AGR-1 (Residential Agriculture) Zoning District.
9. BD-1996-200 PRESENTED BY: Flowers & White Engineering
REPRESENTING: American Oak
SUBJECT: Request a parking variance for an addition to a building located at 4245 Wetumpka Highway in a B-2 (Commercial) Zoning District.
10. BD-1987-077 PRESENTED BY: Richard Bunkley
REPRESENTING: Charity Bingo, Inc.
SUBJECT: Request a special exception for a place of amusement and assembly to be located at 2401 East South Boulevard in a B-4 (Commercial) Zoning District.
11. BD-2018-004 PRESENTED BY: Midstate Signs, LLC
REPRESENTING: Montgomery Chamber of Commerce
SUBJECT: Request an exception to SmartCode for new signage to be located at 600 South Court Street in a T4-R (General Urban Zone-Restricted) SmartCode Zoning District.
12. BD-2022-031 PRESENTED BY: Vicky Carter
REPRESENTING: Same
SUBJECT: Request a front yard variance, side yard variance, and separation between structures variance for a detached accessory structure located at 5806 Wares Ferry Road in an R-75-s (Single-Family Residential) Zoning District.
13. BD-2000-207 PRESENTED BY: Timothy T. Topps
REPRESENTING: Taste of Montgomery
SUBJECT: Request a variance to Ord. No. 17-2014 and a special exception for a place of amusement and assembly to be located at 2477 & 2485 East South Boulevard in a B-4 (Commercial) Zoning District.
14. BD-2022-030 PRESENTED BY: Maria Hooks
REPRESENTING: Same
SUBJECT: Request a separation between structures variance for accessory structures located at 1362 Biscayne Drive in an R-65-s (Single-Family Residential) Zoning District.
15. BD-2022-029 PRESENTED BY: Douglas Homes, LLC
REPRESENTING: David & Catherine Douglas
SUBJECT: Request a side yard variance for a new dwelling to be located at 6128 Burbank Crossing Loop in a PGH-35 (Patio-Garden Home) Zoning District.
The next Board of Adjustment meeting will be July 21, 2022 @ 5:00 p.m.
A
A
A
We
will
then
hear
the
hear
your
your
petition
and
anyone
who
has
any
question
regarding
that
particular
item
will
be
given
the
opportunity
to
come
forward
and
indicate
their
approval
or
disapproval.
Any
questions
that
you
may
have
once
we
receive
public
testimony
on
a
particular
item,
members
of
the
board
will
deliberate
and
we
will
render
our
decision
tonight
I'll
remind
members
with
a
personal
or
any
financial
interest
in
any
request,
you're
required
to
recuse
yourself
from
voting.
A
Any
testimony
that
is
submitted
by
the
petitioner
on
behalf
of
the
petition
during
the
presentation
of
the
agenda
item
will
be
binded
as
to
any
decision
board
makes
relative
to
the
motion
remind
the
board
members.
If
any
motion
to
deny
an
item,
a
reason
must
be
given
this
time
I'll
introduce
the
members
of
the
board
that
are
here,
miss
kt
brown,
our
vice
chairman,
mr
george
howell
jr,
mr
jennifer
shaw,
mr
blake
markham
and
I'm
john
stanley,
your
chairman,
our
land
use
staff.
A
A
A
A
A
A
A
First
item
on
the
agenda
is
presented
by
shane
and
melissa
heath,
requesting
a
special
exception
to
place
a
mobile
home
for
living
purposes.
On
the
west
side
of
mutual
young
road,
approximately
2500
feet,
north
they'll
sell
them
a
highway
in
an
ag.
One
district
is
mr
miss
heath
here:
okay,
they
did
not
show
last
time
this
has
been
withdrawn
and
if
they
choose
to
come
back,
they
will
have
to
reapply
unless
they
show
up
before
this
meeting
is
adjourned.
A
A
B
C
A
A
B
A
A
D
A
B
A
A
A
You're
going
to
use
them
for
storage,
yes,
okay,
you're,
not
going
to
use
it
for
a
business;
no,
no
you're
not
going
to
use
it
for
storing
gasoline.
No!
These
are
things
that
we
have
to
know.
Okay,
we
don't
want
it
to
blow
up
you
or
anybody
else
understand.
Just
asking
you.
The
typical
questions.
Are
you
going
to?
Are
you
going
to
put
you
well?
B
B
C
B
A
B
A
A
B
A
B
A
B
Do
if
I
I
sent
the
I
y'all
should
have
had
a
pitcher
that
came
with
this.
I
we
built
like
a
where
we
used
an
old
playground,
one
of
those
big
wooden
playgrounds
and
the
the
part
where
we
kind
of
climb
in
it's
like
16.
I
think
it's
16
square
feet
and
it
kind
of
stretches
out.
We
put
chicken
wire
around
it
and
some
boards
and
a
little
slanted
roof.
I
have
a
picture
of
it.
I
sent
one
in,
but
I
can
show
it
to
you
if
you
like.
C
B
C
C
A
C
C
A
A
B
A
C
A
A
Well,
let
me
add
to
that:
what
you
don't
want
is
is
whoever
complained
about
the
rooster.
They
thought
they
come
back
in
and
complain
about
six,
and
then
we
can
require
you
to
remove
all
of
them
yeah
if
you're
not
complying.
Well,
don't
worry,
we
will
keep
a
word.
Yeah
that'd
be
good,
keep
it
clean.
Yes,
good!
Okay,
we
have
a
motion
and
a
second
to
reduce
it
to
to
six
chickens.
Six
hens
within
30
days,
no.
B
A
A
B
B
B
A
B
B
B
A
B
A
A
B
A
B
A
B
A
B
C
A
B
C
B
B
B
B
B
B
C
B
C
A
B
A
B
B
B
A
B
B
D
C
All
we
have
gone
through
with
american
oak
and
gone
through
a
development
plan
and
planting
and
rezoning
and
we've
got
a
building
approved
to
sit
off
the
northeast
corner
of
the
existing
american
oak
building
back
there,
and
in
doing
so
we
end
up
not
having
enough
parking
on
a
20,
000
square
foot.
Building
I've
got
to
run
roughly
50
spaces
and
there's
just
not
room
to
do
50
spaces.
It
is
strictly
a
warehouse.
C
There
would
not
be
any
individuals
in
it
other
than
the
employees
themselves.
The
building
itself
on
the
front
would
be
satisfactory
for
the
parking.
I
think
there's
like
four
that
got
taken
out
when
we
put
the
building
in
that
we
could
put
those
back
and
the
building
itself.
The
main
building
would
stand
alone
with
its
own
parking
if
needed,
but
the
way
the
psych
plan
was
drawn.
C
There
was
four
spaces
off
to
the
northeast
and
the
concrete
parking
over
there
and
when
we
put
the
building
in
the
back,
it
took
those
out
now,
so
we
have
requested
variants
to
be
able
to
go
with
42
parking
spaces
on
the
property
and
that's
based
on
the
total
square
footage
of
everything.
Yes,
sir,
it's
when
we
brought
in
the
20
000,
that's
what
basically
blew
it,
but
when
it's
strictly
for
warehouse,
that's
what
we
want
to
seek
the
variance
because
nobody's
going
to
be
in
it.
Okay,.
C
It
is
to
the
northeast
corner
and
they
purchased
a
piece
of
property
back
there.
So
if
you're,
looking
at
that
site
plan,
we'll
come
in
the
entrance,
go
around
to
the
right
to
the
east
side
and
then
drive
around
to
the
back
of
the
building,
so
it's
sitting
back
there
kind
of
caddy
corner
northeast.
It
does
not
touch
the
existing
buildings.
It's
30
feet
off
the
existing,
but
it's
back
in
that
area.
C
A
C
Are
they
still
going
to
come
in
from
the
front,
though
off
the
wiitunka
highway?
Are
they
going
to
come
in
off
the
ford?
What
what's
that
other
road
back
there,
which,
when
you
say,
are
they
you're
referring
to
the
trucks?
There
will
be
deliveries
potential
to
come
in
off
the
backside?
It
won't
be
off
forest
lane.
It'll
come
through
the
very
back.
They
also
own
a
piece
of
property
back
there
directly
north
of
it,
so
if
they
bring
them
in
they'll
come
in.
Probably
off
of
I
don't
know
what
that
street
name
is.
C
A
A
C
A
A
B
B
A
B
A
B
B
B
A
B
A
D
A
To
come
up
with
a
time
frame
so
that
we
know
which
right
we're
very
sensitive
to
late
hour
operations.
Okay,
if
you're
going
to
be
a
little
10
a.m,
10
p.m,
but
all
right!
We
need
to
know
that
right,
right,
okay,
so
so
you're
saying
the
outside
limits
would
be
two
hours
beyond
these
time
frames
here
right.
Is
that
correct?
That's
correct!
So
on
thursday,
for
example,
you
may
be
there
as
late
as
10
o'clock.
A
B
B
B
B
B
B
A
C
B
B
B
A
B
C
A
B
A
A
A
A
C
C
A
A
A
B
D
B
The
inspector
I
never
saw
him
my
grandson
was
there.
I
was
at
work
and
he
told
my
grandson.
Oh
this
is
a
nice
carport.
How
did
it
who
built
it
for
you?
Can
I
take
pictures
and
oh,
it
looks
like
it's
so
new,
but
that
was
three
months
after
I
had
built
it.
I
didn't
know
I
couldn't
so.
I
got
this
and
that's
why
I'm
here
now.
A
B
A
B
A
A
B
A
It
does
not
no
sir,
so
it
flows
to
the
rear
only
and
stays
on
your
property.
Yes,
sir.
Well
normally
in
a
case
like
this,
where
we
have
structures
this
close
together.
Normally
we
will
require
gutters
and
downspouts
anyway,
okay,
okay,
just
to
make
sure
okay,
because
you
are
close.
Yes,
sir,
to
your
adjacent
property,
on
okay.
B
B
B
C
B
A
B
A
D
A
D
My
college
graduate
united
states
military
veteran,
been
in
the
restaurant
business
about
13
years,
been
in
the
bar
business
about
seven
years
and
we're
currently
trying
to
get
a
variance
for
this
property
located.
Here,
it's
going
to
not
be
a
a
club,
it's
not
going
to
be
a
bar.
It's
not
going
to
be
a
lounge.
What
it's
going
to
be?
It's
going
to
be
an
entertainment
venue,
we're
going
to
do
various
things
there.
D
D
We've
had
the
fire
marshal
out
there
to
do
a
off
the
record
walk
through
with
us
to
look
at
the
building
and
tell
us
what
he
thought
we
would
need
to
do
to
make
it
more
safe
and
more
cohabitable
for
our
customers
and
patrons
to
be
in
there.
He
gave
us
several
pointers
and
several
different
things
that
he
thought
we
needed
to
do
as
far
as
the
building
goes
myself
and
the
property
owner
has
agreed
to
put
a
six
to
eight
foot
privacy
fence
across
the
back
that
separates
the
back
from
the
neighboring
house.
D
We're
only
about
40
feet,
short
of
being
in
compliance
of
what
the
city
requires
us
to
get
a
variance
so
we're
about
40
feet
short.
So
we've
agreed
to
put
a
privacy
fence
across
the
bag
to
separate
that.
We've
also
brought
a
professional,
sound
person
in
to
kind
of
tell
us
about
what
we
needed
to
do
so
that
we
don't
have
amplified
music.
That
would
bother
the
tenants
in
the
neighborhood
behind
the
place.
A
D
There
have
been
several
assembly
occupancies
in
this
particular
property
over
the
years,
so
there
have
been
several
different
type
assembly
occupancies
in
this
building
over
the
years.
There's
just
never
been
an
assembly
occupancy
in
this
building
that
carried
food
as
far
as
a
restaurant
goes
or
even
they
carry
alcoholic
beverages.
D
D
Everything
that
goes
on
in
the
building
isn't
going
to
be
something
that
bothers
anybody
else
in
the
surrounding
area.
As
far
as
that
goes,
entertainment
is
entertainment.
Some
days,
you'll
have
just
people
there
just
actually
watching
monday
night
football
or
shooting
billiard
pools,
or
anything
like
that.
So
it's
not
going
to
be
what
people
think
it
is
and
as
far
as
that
goes
me
myself.
D
Personally,
I'm
not
going
to
lose
my
investment
for
one
night
of
pleasure
or
fun
going
against
the
rules
of
the
city,
because
I
understand
the
matter
that
the
city
officials
and
this
board
has
the
job
is
to
keep
the
citizens
safe.
Keep
the
community
safe,
and
I
want
to
work
with
you
all
to
keep
the
community
and
the
citizens
safe.
D
So
I'm
not
trying
to
do
anything
against
the
policies
of
this
city
by
trying
to
say
we're,
going
to
open
up
an
event
center
and
then
turn
around
and
have
people
there
with
alcohol
or
or
whatever.
That's
not
what
we're
trying
to
do
we're
trying
to
come
and
do
it
the
right,
correct
way
that
we
need
to
do.
D
The
venue
is
right
on
the
on
the
side,
it's
kind
of
behind
a
plaza
and
it's
a
shopping
plaza
mall
on
the
other
side,
directly
adjacent
to
us
right
here
on
the
left
side
of
us
and
in
that
particular
venue.
If
you
look
at
the
drawing
on
the
other
side
of
this,
but
maybe
30
or
40,
feet
from
us
is
other
different
type
of
event
places
there.
D
B
D
D
What
we've
done
is
we've
looked
at
security
measures
for
the
venue
we've
agreed
to
in
our
proposal
to
provide
security
outside
on
the
parking
lot
you
either
have
to
come
in
and
leave.
There
is
no
gray
area.
You
can't
sit
in
your
car,
you
can't
do
any
of
that.
You
have
to
come
in
and
leave.
So
if
you
go
to
applebee's
to
eat
what
you
do
you
get
in
your
car,
you
go
in,
you
eat.
You
leave
same
thing
with
my
venue.
You
got
to
come
in
and
leave.
D
D
It's
gonna
be
eight
foot
high
fence
from
the
end
from
the
end
of
the
building,
where
the
adjacent
plaza
to
the
left
of
us
already
has
a
privacy
fence
up
to
the
end
of
the
the
building.
You
can't
go
there
far
because
there's
a
driveway
in
between
the
two
buildings.
So
what
we're
going
to
do
is
we're
going
to
put
an
eight-foot
fence
up
from
the
corner
where
it
says
30
feet,
approximately
all
the
way
down
to
where
the
garbage
cans
are
that
are
behind
city
trans.
D
A
D
D
D
According
we've,
already
I'm
a
former
alcohol
licensed
owner
and
according
to
abc,
you
cannot
have
anybody
in
the
building.
Under
the
age
of
19
per
the
state
of
alabama's
alcohol
permit
licensing,
we
have
agreed
to
have
nobody
in
the
building
under
the
age
of
25.
At
any
time,
we've
also
agreed
that
all
alcohol
beverages
will
be
poured
in
a
glass
in
a
glass
or
cup.
We
would
not
allow
any
bottles
or
anything
like
that
to
be
crossed
off
sent
across
the
count.
As
far
as
that
goes
we've
also
for
security
measures.
D
D
Rear
door
will
only
be
used
for
emergency
exits,
but
this
is
the
this
is
the
catch.
Today
we
have
to
position
an
employee
at
that
door
because,
according
to
fire,
marshal
codes
that
door
has
to
be
accessible.
If
you
have
an
emergency
where
the
patrons
can
go
out,
so
the
doors
have
to
have
push
bar
doors
where
the
patrons
can
be
able
to
go
out
at
any
time
if
they
feel
like
there's
a
hazard.
D
A
Your
garbage,
okay,
now,
here's
why
I'm
asking
the
question?
Yes,
sir,
a
lot
of
these
tight
facilities.
They
have
a
dumpster,
they
don't
they
throw
everything
in
there.
They
can
yes,
sir,
and
then
you
got
people
off
the
street
bringing
and
putting
trash
in
your
dumpster.
Yes,
sir,
okay,
these
dumpsters
have
got
to
be
maintained.
Yes,.
D
A
D
Sir,
do
what
we're
doing
we're
getting
six
to
eight
yard
containers
to
go
in
the
back
of
the
building?
These
containers
will
be
locked
containers,
so
people
just
can't
come
up
and
throw
their
trash
in
the
garbage.
Can
there
are
water,
hoses
and
sprouts
in
the
back
of
the
building
that
they'll
be
sprayed
out
and
washed
weekly,
and
we
I
we
we've
got
to
pick
up
three
times
a
week,
so
we
shouldn't
have
an
excess
of.
You
know
garbage
we're
being
picked
up
monday
wednesday.
You
don't.
A
D
A
A
B
A
We
approve
this
you're
30
feet
from
your
jason
neighbor.
Okay,
trash
pickup
needs
to
be
before
6
p.m.
At
night.
Yes,
sir,
you
don't
want
waking,
you
don't
want
your
trash
picked
up
at
10,
00
p.m
at
night
and
waking
up
the
neighbors
yes,
sir
needs
to
be
I'd,
say
I'd,
say
no
later
than
6
p.m.
On
monday,
wednesday
friday,
yes.
C
C
They
opened
the
back
door
and
I
don't
know
what
was
going
in
and
out
the
back
door,
but
it
was
loud
music
at
one
o'clock
in
the
morning,
and
people
drinking
and
carrying
on
having
a
good
time
directly
behind
it.
50
feet
away
was
the
back
door
of
a
man's
house
and
he
didn't
like
that.
That's
part
of
the
reason
this
ordinance
was
written.
Yes,
sir,
are
you
going
to
do
anything
like
that.
D
No
sir,
I'm
going
to
say
this
again,
mr
howell.
Okay,
this
particular
venue
is
going
to
cost
me
a
great
deal
of
income.
I
am
not
going
to
lose
my
income
and
my
investment
going
against
the
rules
of
this
board,
the
rules
of
this
city
and
causing
problems
in
their
neighborhood.
That's
not
what
we're
there
for
we're
there
to
obey
the
rules.
Do
what
we're
told
one
wrong
incident
or
one
wrong
night
can
cost
you
the
whole
battle,
and
it's
not
worth
it.
D
You're
there
to
be
peaceful
cohabital,
do
what
you
need
to
do
and
go
home.
So,
as
I
told
you
once
before,
we
are
going
to
have
a
person
stationed
at
that
back
door
so
that
people
can't
open
the
door
and
let
people
in
and
let
people
out
and
different
and
the
the
type
of
customers
that
we're
going
to
have
coming
to
this
venue
aren't
going
to
be
those
type
of
people
that
do
things
like
that.
D
D
So
we're
not
here
to
do
all
that.
I
want
my
patrons
to
come.
There
have
a
good
time
enjoy
themselves
and
go
home,
because
the
city
makes
a
lot
of
money
of
revenue
from
restaurants
and
bars.
The
only
difference
between
what
we're
doing
up
against
what
applebee's
or
chili's
does
is
we're
going
to
have
entertainment,
same
concept,
we're
just
going
to
provide
entertainment.
D
D
C
A
A
A
A
A
Requesting
a
sep
requested
separation
between
structured
variants
for
accessory
structures
located
at
30,
1362
biscayne
drive
and
an
r65s
zoning
district.
Miss
hooks
you've
got
five
foot.
Seven
separation
of
the
three
for
three
three
buildings
did
this:
this
come
in
as
a
complaint
or
what?
What?
How
did
this
come
before
us.
A
B
A
A
B
I'm
sorry
when
we
bought
the
house,
it
came
with
a
storage
shed,
it's
a
20
by
10
or
12..
Okay
and
later
on,
we
added
another
storage
shed
on
the
very
opposite
that
measured
10
by
14,
and
that
was
to
put
our
a
lot
more.
So
it
won't
ruin
and
all
our
yard
tools
and
stuff,
like
the
weed
eaters
and
all
those
okay.
B
A
B
You
know
the
first,
the
the
one
with
the
what
you
call
it
with
the
lawnmower,
of
course,
there's
gasoline
in
the
lawn
mowers,
sure
and
maybe
a
tank.
You
know
a
container
with
a
gasoline
and
of
course
the
third
one
is
old.
Furnitures
christmas,
decorations,
storage,
yes,
sir
storage,
all
of
them
are
storage.
A
Okay,
got
it
and
you're
not
gonna
operate
a
business
out
of
either
one
of
them
either
right.
No,
sir,
okay,
we
ask
those
questions.
Any
question
board
members.
Anyone
in
the
audience
care
to
address
this.
I
am
saying
a
motion:
she's
got
somebody
wants
to
address
it.
Ma'am
are
you
here,
I'm
sorry
come
up.
A
B
A
B
C
B
A
A
B
A
A
I
got
you
well,
you
need
to
make
arrangements
to
keep
your
water
off
your
adjacent
property
owner,
correct.
Okay,
that's
the
main
thing:
okay,
we'll
let
you
deal
with,
however,
but
for
the
record
you
just
got
to
do
that.
Okay!
Okay,
that's
fine!
Have
any
questions
board
members,
if
not
I'll,
entertain
a
motion.
Anyone
care
to
address
this
item
otherwise
I'll
entertain.
A
D
A
A
Praise
the
lord,
so
you
want
to
use
this
property
for
church
use
right
from
at
9,
30
a.m,
to
12
o'clock
noon
on
sundays
and
thursdays,
services,
7
p.m,
to
8,
30
p.m,
correct,
correct
and
then
sometimes
you
may
have
a
service
on
sunday
night
from
6
p.m,
to
8
p.m.
Correct,
that's,
correct!
Okay!
You
got
plenty
of
parking
out
there.
Yes,
okay!
A
I
assume
all
activities
will
be
inside
the
building.
No
exterior
activities
right!
That's
correct!
Is
that
correct?
Yes,
all
right,
because
you're
going
to
be
having
some
nighttime
services,
you
got
to
have
good
exterior
lighting,
yes,
good,
exterior
lighting
you're
part
of
a
shopping
center.
Yes,
that
means
your
landlord
has
got
to
provide
you
good,
exterior
lighting
and
if
he
doesn't
you'll
you'll
be
responsible
for
maintaining
okay.
Okay,
sometimes
you
may
have
to
go
to
the
power
company
and
get
a
separate
light,
but
your
landlord
should
provide
that.