►
From YouTube: MONTGOMERY BOARD OF ADJUSTMENT (5/19/22)
Description
BOARD OF ADJUSTMENT
May 19, 2022
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-1969-125 PRESENTED BY: Avis Love Lewis
REPRESENTING: Same
SUBJECT: Request a height variance, front yard variance and street side yard variance for a new privacy fence to be located at 1228 Federal Drive in an R-100 (Single-Family Residential) Zoning District.
3. BD-2021-025 PRESENTED BY: Gloria McElroy-Taylor
REPRESENTING: Charity Bible Ministries
SUBJECT: Request a special exception for a church and outreach ministry to be located in a multi-tenant building located at 2415 East South Boulevard, Unit S, in a B-4 (Commercial) Zoning District.
4. BD-1993-281 PRESENTED BY: Ryan Hawkins
REPRESENTING: Midstate Driving Academy
SUBJECT: Request a special exception for a private school to be located in a multi-tenant building located at 1983 Coliseum Boulevard in a B-5 (Commercial) Zoning District.
5. BD-2022-022 PRESENTED BY: Ryan Hawkins
REPRESENTING: Midstate Driving Academy
SUBJECT: Request a special exception for a private school to be located at 1440 Furnace Street in an M-3 (General Industrial) Zoning District.
6. BD-2022-024 PRESENTED BY: Pastor David Harris
REPRESENTING: Abundant Life Church.
SUBJECT: Request a special exception for a church to be located in a multi-tenant building located at 410-A North Eastern Boulevard in an M-1 (Light Industrial) Zoning District.
7. BD-2022-023 PRESENTED BY: Moses C. Carter
REPRESENTING: Same
SUBJECT: Request a height variance and front yard variance for a privacy fence located at 3123 Rane Drive in an R-60-d (Duplex Residential) Zoning District.
8. BD-1962-084 PRESENTED BY: Drew Linn
REPRESENTING: Southland Transport Group
SUBJECT: Request a special exception for an above ground fuel storage tank to be located at 1501 Maxwell Boulevard in an M-1 (Light Industrial) Zoning District.
9. BD-2022-025 PRESENTED BY: Kenneth Kemper
REPRESENTING: Same
SUBJECT: Request a coverage variance and a separation between structures variance for new accessory structures, and storage of a recreational vehicle located at 3961 Hickory Drive in an
R-100 (Single Family Residential) Zoning District.
The next Board of Adjustment meeting will be June 16, 2022 @ 5:00 p.m.
B
Thank
you
board
of
adjustments
as
a
nine
member
board
and
we're
appointed
by
the
city
council
and
serve
on
voluntary
basis
without
compensation.
Our
procedure
for
conducting
business
is
I'll
call
the
name
of
the
petitioner.
If
you
would
please
come
to
the
podium
and
the
mic
speak
loudly
and
clearly
into
the
mic
and
be
prepared
to
answer
any
questions
that
any
member
of
the
board
might
have
and
then
we'll
give
anyone
in
the
audience
opportunity
to
come
forward
and
and
address
the
petitioner
with
any
questions
or
comments
that
you
may
want
to
make.
B
We
have
five
members
here.
We
have
enough
for
quorum,
but
it
takes
five
votes
to
approve
a
motion.
So
that
means,
if
you've
got
an
item-
and
you
are
wanting
it
to
be
approved,
it
takes
all
five
of
us
to
approve
it
until
another
member
gets
here.
If
you
feel
as
though
that
does
that
works
to
your
disadvantage,
you're
welcome
to
recuse
yourself
and
come
back
to
the
next
meeting
I'll
see
one
of
our
board
members
walking
in
right
now.
B
B
As
mr
miss
heath
here,
that
item
has
to
do
with
requesting
a
special
exception
to
place
a
mobile
home
for
living
purposes
on
the
west
side
of
mitchell,
young
road,
approximately
2500
feet
north
of
selma
highway
and
ag
one
zoning
district
they're.
Not
here,
we
delayed
them
for
the
at
the
last
meeting
to
come
back
to
this
meeting.
B
B
So
if
you're
affiliated
with
that
particular
item,
you're
welcome
to
stay
that
may
show
up
if
they
do
show
up
they'll
be
given
an
opportunity
to
speak
item.
Two
is
presented
by
avis
love
lewis,
miss
lewis,
requesting
a
high
variance,
a
front
yard
variants
and
street
side
yard
variants
for
a
new
privacy
fence
to
be
located
at
1228
federal
drive
in
an
r
100
district.
B
C
B
B
B
A
A
A
B
A
C
B
Okay:
okay,
everybody
understand
that.
Okay,
now
the
fence
along
monroe,
montrose
avenue,
you
got
it
on
the
property
line:
okay,
but
you're,
bringing
it
out
to
federal
drive,
which
is
a
major
four-lane
highway
within
one
foot
of
the
property
front
property
line.
Yes,
sir,
can
you
move
that
back
to
about
10
feet?
Instead
of
you
got
it
at
one
foot
off
the
proper
line
on
the
front.
B
B
C
C
E
D
D
D
B
C
B
B
Concern
is
by
running
that
fence
down
the
montrose
avenue
side
to
within
10
feet
of
the
front
property
line.
We're
concerned
it's
too
close
to
the
intersection.
Okay,
and
so
I've
asked
you
instead
of
going
10
feet
from
the
front
property
line,
would
you
agree
to
move
it
back?
20
feet?
Okay,
that's
all
we've
got
to
make
make
sure
there's
not
an
obstruction
at
that
intersection.
C
B
E
E
E
E
A
A
C
B
B
B
B
B
B
B
E
B
A
B
B
E
A
A
E
B
B
B
A
E
B
B
B
A
B
A
A
A
B
A
B
A
B
C
B
B
B
B
You
want
permission
to
maintain
a
six
foot
high
privacy
fence
that
tapers
down
to
four
feet
where
it's
three
feet
is
allowed.
Yes,
okay
and
you
want
the
the
fence
to
come
to
the
front
property
line
on
both
sides
within
to
the
front
property
line,
whereas
20
feet
is
required.
Okay,
so
why
are
we
dealing
with
existing
fences
here?
It
was
there
an.
B
D
A
D
A
E
E
B
A
A
A
A
F
B
A
A
B
B
E
B
A
A
A
A
B
A
E
B
C
A
E
A
E
A
E
B
E
B
A
B
B
This
is
a
new
project
that
we
have
going
next
to
the
property
that
we
already
own
and
we
need
the
10
000
gallons,
because
it's
going
to
be
part
of
our
rental
and
lease
fleet
and
we're
building
a
new
building
on
that
site,
and
we
have
to
have
a
10,
gallon,
10,
000
gallons,
to
be
able
to
operate
our
business.
There.
B
This
is
a
sight
plant.
I
guess
miss
brown
kind
of
like
an
idea
of
yes
tall,
all
that
okay,
my
name
my
name's
matt
marcus.
It's
approximately
eight
feet.
Tall
it'll
sit
on
a
six
inch
thick,
yes,
ma'am,
okay
and
it's
like
27
feet,
long
27.7,
inches
long,
27,
28
feet
long,
eight
feet
tall,
correct!
It
sits
on
a
stand.
That's
about
six
inches
high.
A
B
A
E
B
C
A
E
A
D
A
D
E
A
A
B
B
E
B
B
G
G
Somebody
said
that
we
had
been
there
for
two
weeks
and
people
were
living
in
it.
That
was
had
been
there
for
two
days,
but
so
anyway,
I
spoke
with
somebody
at
the
land
use
office
and
explained
my
situation.
They
said,
okay
because
of
the
coronavirus,
the
pandemic
and
access
to
getting
materials.
I
couldn't
get
defense
anybody
to
put
a
fence
gate
in
for
me,
so
that
you
couldn't
what
I'm
sorry
I
couldn't
hear
you
put
it
to
put
a
gate
in
the
fence.
G
G
G
So
that's
that
one
it
is
35
by
15
feet,
it's
12
feet
from
the
property
line
and
it's
12
feet
from
the
small
storage
building
next
next
to
it.
So
that's
that
one
block
b
is:
there
was
no
place
any
covered
parking
for
my
cars.
That
was
an
existing
concrete
pad
under
block
b,
and
so
I
had
a
20
by
20
foot
freestanding
carport
placed
there
over
the
existing
concrete
pad.
So
there's
no,
I'm
not
increasing
any
drainage
issues.
G
G
B
B
G
B
I
get
y'all
on
a
minute.
I'm
answering
here.
Are
you
aware
of
any
water?
I
have
not
heard
of
any
complaints.
No,
sir
okay,
because
that's
one
of
the
first
things
we
look
at
particularly.
It
appears
that
building
a
is
pretty
close
to
that
real
property
line.
Yes,
okay,
so
just
wanted
to
get
your
opinion
on
that
right.
I
have
not
heard
of
anything.
B
G
A
B
A
B
D
B
A
B
A
B
Okay,
mr
kemper,
anything
else,
you'd
like
to
say,
are
y'all
finished
with
him.
Yes,
okay,
all
right,
okay,
you'll
be
given
opportunity
to
come
back
off
the
side
here,
whatever
you'd
like
to
do:
okay,
ma'am,
if
y'all
would
like
to
come
up
we'll
we'll
be
glad
to
hear
what
y'all
have
to
say
and
thank
you
for
sitting
there
patiently.
F
F
A
F
B
F
She
was
called
out
of
town,
so
her
name
is
liz
mccuman.
She
lives
at
40,
40,
04,
where's,
ferry
road,
so
caddy
corner
from
where
the
the
house
in
question.
Okay-
I
don't
know
if
you
have
the
311
emails.
I
guess
you
don't
probably
okay.
So
the
first
thing
that
I
cited
was
the
recreational
vehicle
storage
of
an
outside
approved
travel
trailer
park.
Okay.
Now
I
don't
know
if
this
applies
to
that.
Okay,
it
just
says
this
is
montgomery.
F
I
don't
know
montgomery
l
something
recreational
vehicle
stored
outside
of
an
approved
outside
of
an
approved
travel
trailer
park,
and
it
says
recreational
vehicles
shall
be
stored
in
such
a
manner
as
to
be
sub
substantially
hidden
from
public
view
and
then
that's
b
c
is
recreational
vehicles
stored
on
private
property
shall
be
stored
behind
a
building
setback
line,
as
defined
by
the
zodiac
zoning
ordinances.
I've
taken
all
kinds
of
pictures
to
submit
to
show
you
how
the
vehicle
is
and
where
it
is
from
the
street.
I
don't
know
if
you
can
see
any
of
that.
F
F
Can
I
read
you
what
my
neighbor
wrote
sure?
Okay,
this
is
from
liz
mcewen
and
she
wrote
the
people
at
this
address
on
hickory
across
from
mitchell
drive
where
I
live,
though
it's
technically
in
their
backyard.
It
is
a
corner
lot
and
I
get
to
look
at
it
and
the
10
structures
they've
added.
Every
time
I
go
outside
also
from
my
back
windows,
I'm
at
4004,
where's
ferry
road,
both
our
houses,
meaning
mine
and
theirs,
have
driveways
on
mitchell.
F
The
attached
pictures
were
taken
from
my
carport
mitchell
is
a
busy
street,
so
it
is
very
much
in
public
view.
I
believe
this
violates
the
ordinance
above.
Please
help
to
cause
the
rv
and
10
roof
to
be
removed
to
a
more
appropriate
location.
I
would
like
to
add
please
keep
in
mind
that
the
foliage
will
be
gone
in
winter,
and
the
rv
in
its
tent
cover
will
be
much
more
prominent
at
that
time.
The
chain
link
fence
does
not
in
any
way
reduce
its
presence.
F
The
trailer
and
its
building
are
very
tall
and
loom
over
the
top
of
my
wood
privacy
fence,
so
adding
to
privacy
fence
will
not
remove
it
from
public
view.
It's
that
tall.
There
are
already
several
structures
on
the
property,
a
garage,
a
shed
and
recently
added
carport,
and
it
seems
likely
that
they
now
exceed
the
square
footage
allowed
for
our
out
of
buildings
in
this
neighborhood.
Would
you
like
me
to
give
this
to
present
this
to
you
with
the
picture?
So
you
can
see.
A
F
And
then,
and
then
also
the
chain
link
fences
that
he
was
talking
about.
I
hadn't
said
anything
about
this,
but
the
chain-link
fence
when
they
moved
in
the
first
week
after
they
moved
in.
There
was
a
chain
leak
fence
between
my
house
and
the
neighbor's
house,
his
house
and
then
my
fences
are
all
privacy
fence.
So
this
was
the
chain-link
fence
from
the
neighbor
prior
who
just
moved
out.
So,
instead
of
speaking
to
me
or
doing
anything
to
remove
that
he
just
put
his
chain-link
fence.
F
E
E
B
D
B
B
E
There's
nowhere
he
couldn't,
he
couldn't
move
it
anywhere
on
his,
it
depends
on
what
substantially
out
of
view
is,
and
everybody's
going
to
have
a
different
right
opinion
of
that
right.
I
do
have
a
question
for
them.
Sure.
Let
me
ask
this:
do
you
know
if
there's
any
other
buildings
such
as
this
in
delrayda.
E
F
E
F
E
F
No
I've
never
seen
I
there's
there's
off
of
wales
ferry.
There
was
a
a
trailer
caddy
corner
from
me
on
wares
fairy
and
they
had
put
up
one
of
these
metal
things,
just
as
he
has
and
put
their
travel
trailer
in
there.
And
then
this
was
a
couple
years
ago
came
before
the
council
and
the
council
made
them
move
it.
So
now
it's
completely
hidden
behind
this
house.
This
is
not
hidden.
You
can
see
it
every
day
as
you
go
by
okay,.
E
C
F
Mr
kemper
was,
I
don't
know
who
reported
or
whatever,
but
for
many
many
weeks
that
was
sitting
in
the
front
yard
and
we
think
it's
kind
of
interesting
that
they
put
up
a
chain
link
fence
in
the
front
yard
and
strangely
enough
they
could
put
that
rv
right
up
to
that
chain-link
fence.
So
they
definitely
planned
that
they
wanted
to
keep
it
in
the
front
yard.
F
B
F
So
close
to
the
fences,
these
chain
link
fences,
I
told
you
about
my
garage
is
right.
There
I
have
a
two
and
a
half
car
garage
right
there,
so
so
this
it
runs
alongside
his
motor
coach
is
here
and
my
garage
is
here
and
when
it
rains,
which
we
haven't
had
a
lot
of
rain
since
he
had
this
metal
thing
put
on,
but
when
it
rained
it
drains
off
and
it
drains
down
into
my
property.
A
E
B
A
A
A
A
D
F
F
B
F
E
D
B
G
G
G
G
That's
one
possibility
we
could
do
there.
I
don't
know,
I
think,
we're
farther
back.
I
didn't
measure
from
the
fence
line,
so
I
don't.
I
can't
qualify.
I
believe,
I'm
more
than
10
feet
behind
the
fence
line,
which
I
believe
is
15
feet
beyond
the
road.
So
I'd
have
to
verify
the
exact
distance,
but
I
thought
I
was
in
compliance.
There.
C
E
E
E
G
E
E
A
B
D
A
E
B
E
D
E
Take
care
of
that?
Yes,
sir,
so
we're
going
to
have
our
urban
city
urban
forester
make
a
recommendation
if
we
approve
it.
Okay,
what
to
plant,
how
many
to
plant?
Okay,
all
right!
We
would
require
you
to
put
on
both
sides
of
that
building
and
then
also
we
would
require
guttering,
which
you
said
you've
already.
You
already
have
on
both
the
rv
covering
and
the
carport
covering,
and
that
the
water
does
not
drain
onto
your
neighbor's
property.
G
E
D
D
E
D
A
G
E
E
Like
to
make
a
motion
to
approve,
based
on
the
petitioner's
testimony
requiring
them
to
plant
greenery
around
both
sides
of
the
three
sides
of
the
structure,
the
rear
in
both
sides-
and
we
he
will
get
get
the
greenery
from
the
urban
forester
that
both
structures
will
be
guttered
and
that
all
the
water
will
stay
off
his
neighbors
on
all
three
sides
and
what
else
and
that,
and
that
he
will
move
the
building
if
it
does
not
meet
the
setback.
Requirements
that
the
city
requires.