CRISP COUNTY ZONING BOARD OF APPEALS
August 18, 2009
The Crisp County Zoning Board of Appeals met at a regular meeting on the 18th day of August 2009 at 9:00 a.m. in the Crisp County Courthouse.
The following members were present: Emmett Walker, J.C. Clark, Jerry Carney and Wendy Peavy. Absent was board member, Mark Brubaker. Also present, Connie Sangster, Secretary & Planning Director & Jimmy Mumphery, County Building Inspector.
Also present were the following visitors: Bill and Freda Pflueger, Sonja Bradley and Robert McCadams.
VOTE: Motion was made by Jerry Carney with a second by J.C. Clark to approve the Minutes of the July 21, 2009 meeting. Carried unanimously.
Request from William Pflueger for a variance to place an accessory structure 24x40 (960 sq. ft.) storage building prior to or in lieu of a principal use on the property. Subject property zoned RS2 (Single Family Residential) and being located at 129 Valhalla Road S.
Chairman Emmett Walker called the hearing to order. Mr. Walker read aloud the criteria and procedures that the board considers when making decisions. At this time, Mr. Walker read aloud the variance request. Mr. Pflueger was present and spoke on his own behalf.
Mr. Pflueger told the board that his initial plans were to re-roof the existing building that was there, he said the roof was coming down and when he talked with Jimmy Mumphery he told him that he needed to tear the rest of the building down and build it up. He stated that he is only going to use half of the structure as it is right now, so he is going to be tearing down the other half of it. He stated that it is mainly going to be used for the storage of building materials and tools for when they do build up on the top to utilize them and keep them out of the weather. Mr. Walker asked where the building was now in reference to the property line. Mr. Pflueger stated that he was going to have to move it 15' off the property line and that it is right now 12' off the property line. Mr. Walker asked if that is the back property line. Mr. Pflueger replied yes. He stated the property line comes in and hits the backside of the barn right now but where he wants to build, it is off that line. Mr. Pflueger stated that he lives across the street now and the plans are to build up on the hill and sell the property on the lake and move up there in about 5-6 years. He stated that he still has to clear the rest of the property off. Ms. Peavy asked about the structure that is there now, it looks like it is falling in. Mr. Pflueger stated that is why Jimmy said he needed to tear it down and build it back up again. He stated that when he was taking the roof off the post actually looked good but then started falling over. Ms. Peavy asked who was going to build the proposed structure. Mr. Pflueger replied that he was, he stated that Bob McCadams (present) is his building contractor for the house and he will assist him on the building of the structure. Mr. Walker asked when did he plan to start building. Mr. Pflueger replied the next 5-6 years. He stated that he still has a lot of property to clear off. Mr. Pflueger stated that the Bradley's horses have been living in there for a long time and the reason he wanted to take the roof down is that he didn't want it to fall on the horses, and he only wanted to put a new roof and one thing led to another and he decided he would have to tear it down and build it back up again. Mr. Carney asked when this property was platted, he heard him say there were horses and so on, on the property. Mr. Carney stated that he once lived in Valhalla and to be honest he has taken a very dim view of anybody building any kind of substructure on the property until they were going to build their house. Mr. Carney stated, that what is there, isn't very pretty, but it is on that property right now and he could not justify tearing that down and putting up a 960 sq. ft. tool shed, and personally he doesn't know whether or not it has deed restrictions, which mean nothing to this board, and it seems that everyone is in agreement that we should not allow this, because you live right across the street where you can store your tools and he doesn't see a real need for the building to be there until you start construction of the house. He stated that he would not want them to do that on his street right now. He stated that if it was one year away he wouldn't see a problem but he does with 5 years away. Mr. Clark stated that he feels the same way Mr. Carney does. Mr. Walker asked Ms. Sangster if there was anyone that was for the request. Ms. Sangster replied no. Then he asked if there were those in favor of the request. Sonya Bradley was present and stated that she and her brother owned all the adjoining property and they welcome the improvement and if he leaves the construction that is up there now and it looks so bad and what he is talking about doing is nothing but improving what is up there and will make it look so much better and they are all in favor of what he is proposing. Mr. Carney stated that he didn't disagree with tearing down something that looks like what is there and putting up a brand new building - it would look better, but the point is that this statute is written for a reason, that you don't put buildings on property, he stated that there are rural residential lots that are way out and then there are platted lots like these, that people see these things sitting there and if he owned property in that area he wouldn't want anybody putting anything on it for tools and 960 sq. ft. is pretty huge. Ms. Bradley stated that it is not so much visible from the neighborhood as it is from their property. Mr. Carney stated that when you have houses next door he doesn't know what those people are thinking. Mr. Pflueger stated that the Griffins' (next door neighbors to property) keep their lawn equipment under the shed to keep it out of the rain. Mr. Bob McCadams, stated that he was present on behalf of the Plungers' general contractor, he stated that one of the critical points as he understands it, is that Mr. Pflueger intends on building the house over time, and do as much of it as he can with his assistance, as the general contractor. He stated that he built the Pflueger's existing house and their intent at that time was to sell that house and build another one. He said he told Mr. Pflueger when he approached him about building the second home, that he needed to clean that shed up and save what he could for building materials that they could be using over the 5 year project and go ahead and dig a well and do as much as he could, because the way he understands it, the Pflueger's want to be free of debt when the house is completed, so he feels like it is improving the community, a plan for retirement, it is not like he is going to put a shed there and then 5 years later build, the intent of the storage building is to store materials and tools required to do the building. He stated that he was helping the community all the way around, and he feels that is a vital point that has been misunderstood. At this time, Mr. Walker asked if there were other letters other than the one from Rubye and Ronnie Griffin at 204 S. Valhalla Rd. S. with objection to the request. Ms. Sangster replied no. Mr. Walker asked if they had talked with the people that have just built the new white house. Mr. Pflueger stated they had discussed it several times with them (the Griffin's) and they have never voiced any objection to the request. At this time, Mr. Walker asked if there were any further questions. There were none. Mr. Walker stated that this concluded the public hearing portion of the meeting and now they would go into discussion and vote.
After discussion, the chairman asked for a motion.
VOTE: A motion was made by Wendy Peavy seconded by Jerry Carney to approve the variance request to place an accessory structure 40x60 (2400 sq. ft.) storage building prior to or in lieu of a principal use on the above referenced property located at 129 Valhalla Road and in an RS2 (Single Family Residential) zone district. Carried 3-1. Mr. Clark voted no.