Planning Commission - Regular Meeting

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Oh, he's recording. All right, if everybody could try and find their seats, we're going to get started here. It is 2:30 at on Monday, December 15th, and we're going to start our board of zoning appeals meeting. I'm going to go ahead and read into the record our statement of powers. The Augusta Board of Zoning Appeals hears and makes decisions on applications for variances in accordance with the powers granted under section 1-4-88 of the Augusta Georgia Code. The applicant must provide any scaled drawings or plot plans, including all dimensions, pictures, or any other supporting information at this meeting. Only information presented at this meeting may be used in any future hearings regarding this petition. Any person affected by the board's decision may file an appeal with the Superior Court of Richmond County, Georgia within 30 days of the decision of this board. The meeting will be conducted in accordance with the board's bylaws and rules of procedure and the latest edition of Robert's rules of order unless otherwise directed by a majority of the board in session at the time. A minimum of 10 minutes shall be afforded for the presentation of data, evidence, and opinions on each side of the petition. If more than 10 minutes is afforded to one side, then an equal amount of time shall be afforded to the other side. The board encourages participation in this hearing and there is no restriction on who may address the board within the allotted time. The board does ask that all public comments be brief on subject and directed to the board at large, not any individual or group. Before we move into the agenda and the approval of minutes, as many of our board members remember, um Brian Keaptainner, who was a part of our team,

passed away recently, and he was a great part of our team. And if we wouldn't mind just taking a quick moment of silence to remember his contributions. May he rest in peace. go ahead and entertain any uh give you guys an opportunity to look through the minutes from the November meeting and then we'll entertain a motion to approve them. I make a motion to approve our minutes from our November 17th, 2025 meeting. Second.

We have a motion by Miss Williams, seconded by Miss Williams. Dr. Doctor, which one's got? Never mind. Pastor. Uh all in favor of the approval of the minutes by show hands. Any opposition? Seeing none, that is a motion to approve. Accepted. All right, we can go ahead and move into our agenda. Uh again, noting that items two and three have been withdrawn. All right, good afternoon everyone. We're going to start off with BZA25-47, a petition by Jay Kitty requesting a variance from section 8-8 C of the comprehensive zoning ordinance to reduce the rear yard setbacks from 7 ft to 4T on property located at 1218 Winter Street. Staff will present.

All right. Thank you, Mr. Basser. Thank you, staff. Thank you. Uh um um uh the board, ladies and gentlemen. Todd Kennedy from the planning and development staff here to go and present this case. Um the variance request pertains to a 0.28 acre parcel located at 1218 Winter Street located within the Somerville Historic District. The applicant is requesting a reduction of the required sideyard setback to allow for the completion of the construction of a deck addition. The findings are as follows. Findings one through seven. Number one, the subject property is shaped like a trapezoid and is located at the corner of Winter Street and Queensway. The property measures approximately 90 ft 90.53 feet wide in the front and 21.4t in the in the rear. The property measures 184 ft deep on the Queensway side and 175.76 ft deep on the interior side. Number two, at the time of the completion of this report, staff did not receive any inquiries regarding this variance application. Number three, the applicant began construction of the deck without COA approval or permit issuance. Number four, according to the tax records, the property contains a 1,666q ft single family residence that was constructed in 1916. Number five, the applicant uh seeks to complete the construction of a deck uh that will be on the interior side of the house and going around the rear of the house. Number six, section 8-8B of the comprehensive zoning ordinance states that a lot with uh widths between 56 feet and 70 ft shall have a minimum sideyard of 7 ft. Number seven, this proposed deck will require a certificate of appropriateness or COA uh from the Historic Preservation Commission. A COA

application has been submitted and is scheduled to be heard by the HBC at its regular meeting on December 18th, 2025 under COA number 25-73. Mr. Chair, members of the board, that concludes my presentation. Thank you, Mr. Kennedy. I appreciate it. If the applicant is uh present, if you wouldn't mind making your way over to this podium over here, and when you get there, if you wouldn't mind stating your name, your address, and that you have the authority to speak on behalf of the application. My name is Jacob Katy. I live at 1218 Winter Street and I'm the owner, so I give myself permission. Perfect. Thank you. All right. You have 10 minutes to add anything that you may like.

Yeah. I started this project uh I close signed the agreement on the house before Helen and then finished the renovations of the house, the one-year anniversary of Helen. I worked very closely with my neighbor on redoing the deck that was there and actually moved the the previous deck was right on the fence line and now that the new deck I built is now 4 ft away. So we actually have a walking path that me and him utilize quite often. U it was made out of Do you need to know the material or just is it more about the setback? More about the setback but you can add anything you like.

Yeah. So uh I'm a Yeah, there's a walking path between help me and my neighbor. We worked very closely and I don't see him here. His name is Bill, but he's a he was a big help on mentoring me on how he would like this deck to look as well as myself when we did it. All right, if you don't mind just hanging out there for just a second. Is there any opposition present for this application? Seeing none, staff, did we receive any opposition? All right, I'll open it up to the board for any questions to the applicant. Can we get the recommendations? Mr. Bringham would like the staff's recommendation, please.

Okay. The plan and development staff recommends denial of the variance request as it does not meet all criteria established in the section 23-5B of the comprehended zoning ordinance of Augusta, Georgia as amended. Should the board decide to approve the variance request, staff recommends the following condition. allow for an in interior side yard setback of no less than four feet along the northern property line of track as shown on the the concept conceptual plan and that concludes staff's recommendation. Thank you very much. There's no further questions. We'll take a uh entertain a motion.

I move to Well, let me ask the applicant. Are you okay with the conditions as they were read which is essentially allow for an interior side set yard sideyard setback from no less than four feet along the northern property line just to confirm. So that's between the deck and his fence property line just a like a path or do I need to make grow grass grass? You can't build the deck any larger towards the fence. Absolutely. I don't plan to. I plan to build a walkway. Okay. Uh, I make a motion to approve subject to conditions. Hold, please. It doesn't it have to have HPC approval? Just one second.

Go ahead, Kevin. I think he was getting ready to address that. So, we wanted to add the perony aspect to it since uh the permit was not to.

All right. So, just so you're clear, the staff's going to make this following recommendation, and this is going to affect whoever is going to make the motion. Um, it's going to be to actually allow the existing deck to conform based on the 4T along the northern property. It's also going to be that you're going to have to get the proper permit and that you're going to have to have HPC approval. Yes, ma'am. Can I make another comment? Sure. Sure. Uh, while going through this renovation, the inspectors did look over the deck and have although I'll add it to the scope of work that my permit currently has, they have gone through and they've checked it all. They actually made me put I missed two nails on a hanger. So, they have gone through and checked it all. So, it is good.

And I think uh just for the legality of it, we're going to have to make sure that that permit does conform and that it is correct. Absolutely. I will add it to the scope of work. Thank you very much. Ross, anything you'd like to add? Sure. I'll I will amend the motion to include the two additional conditions as read by staff. If staff wants to reread them into the record. Yeah, let's do that. Do you want to

We're going to go ahead and ask staff to read into the record the full recommendation with the three items is. All right. So, one second. I'm sorry. Okay. So um planning and development staff recommends to now the variance request as it does not meet the criteria section 23-5B of the conference of zoning ordinance as amended. Uh should the board decide to approve the variance uh request staff recommends the following conditions. The first one is to allow for the interior sideyard setback of no less than f four feet along the northern property line of the tracks as shown on the concept plan. And uh number two would be that the applicant shall obtain uh any applicable uh permitting associated with this uh construction or uh the construction of the deck. And that concludes staff's recommendation.

I'm sorry HPC. Oh, and then finally, uh the um deck shall receive the necessary uh certificate of appropriateness um for construction um of the deck. All right. All right. So, for clarity, you understand what all those mean? I need to revise my scope of work and get HPC approval, right? And you need to get a permit. Make sure make sure it's permitted as well. Yeah. revise the scope of work to the current permit I already have. Correct. Right. Yep. Okay. And you'll have to get approval on that. You'll come back to this board. No, you wouldn't come back to us. No.

Oh, to staff. You go back to staff. Correct. Yes. Yes, sir. There you go. All right. We have that motion. And you're comfortable? Yes, sir. I've actually been working with Mr. Todd and Mr. Kevin pretty closely this whole process. They they're the ones that advised me to come here today. Okay. All right. So all right. So then just for clarity, my motion is to approve subject to the three conditions as read by staff. Second.

All right. We have a motion by Mr. True, a second by I believe it was Mr. Bringham, but I'll give it to Mr. Turner, too. Whoever wants to duke it out. All right. Great. All in favor, show of hands for the approval of the motion as stated. I see no opposition. You have unanimous approval of that. You will get a letter in the mail shortly. Awesome. Thank you for coming in. Thank you guys so much. We'll go ahead and read into the record the next um item on the agenda, please.

Okay. Item number 5, BZA2-48, petition by Tony Pearson, Pearson Rental Property, Inc. requesting a varant from section 28E 1J of the comprehension zoning ordinance to reduce that require the required number of restroom stalls per sex in the RV park from 4 to 2 on the property located at 3663 Riceville Road staff will present Thank you Mr. Vassor, staff, members of the board, ladies and gentlemen, once again, Todd Kennedy from planning uh development staff here to uh present this case before you. Uh the case you have before you. This variance request involves an approximately 7.84 acre parcel located at 3663 Writesboro Road. The property is zone B2 general business and is situated on uh in the Bair neighborhood. The applicant seeks a variance to reduce the required number of toilet and bathing facilities that are distinctly marked for each of um u for each sex in the RV park uh from four uh from 4 to two. The toilet and bathing facility shall consist of at least one lavatory, one water closet, and one shower. The findings are as follows. Findings 1 through 7. Number one, this property is currently going through the site plan review process to develop the RV park and has uh uh received conditional approvals to move forward with with that process pending various departmental comments being corrected. Number two, section 28-E1J of the comprehensive zoning ordinance states that toilet and bathing facilities shall be provided for each sex at the rate of one lavatory, one water closet, and one shower for each 10

recreational vehicle spaces for occupancy in the recreational vehicle park. Number three, the site plans and the letter of intent provided both I uh identify that 40 RV uh parking units are are planning to be developed. Number four, the proposed uh Pearson RV park would need to provide four toilet and bathing facilities per sex per the comprehensive zoning ordinance. The reduction in two toilet and bathing facilities per sex would be a 50% reduction from what is required. Number five, all of the toilet and bathing facilities will be connected to the recreational vehicle parks water and sewage systems. Number six, the applicant states that the uh primary purpose of the variance request originates from the assumption that 95% to 100% of their guests will be staying in RVs that have their own toilet and bathing facilities. Number seven, at the time of the completion of this report, multiple inquiries were received by staff concerning this variance application. Mr. Chair, members of the board, that concludes my presentation.

Thank you very much, Mr. Kennedy, I assume you're the applicant. I am. All right. If you wouldn't mind reading your name and your address into the record. All right. Tony Pearson. Uh my address is 36 63 Riceboro Road. Uh that's where the business is located. That's good. Yeah. You'll have up to 10 minutes to add anything that you'd like, sir. All right. So, I mean, he pretty much covered everything.

All right. So, I'm not really requesting that um you know that that we change the the the code of the variance in its entirety. I just wanted to be practical and and apply to what we have going as an RV park. Um as Mr. Todd uh iterated, the vast majority of our patrons are going to come to the park with their own bathing facilities. If you're familiar with RV units, which I'm pretty sure you guys are, these things have, you know, their own bathing and toiletry facilities on site. And a lot of them, including mine, not only has one, it has two. So, I think the code is already satisfied just by the patreons coming on on site because if you look at it, I've got 40 units out there if I'm blessed. Of course, each one of those units are going to provide between 40 and 60 bathing facilities, you know, on site themselves without having the communal restrooms. So, if you add the communal restrooms, you're looking at units that, and based on my experience, because I've traveled the Southeast RVing, if you add those communal restrooms, you're looking at units that are just either not going to be used or going to be rarely used. Um, if you're familiar with, you know, RV parking or or camping or whatever, you notice that if you're camping, you don't your your first option is not to go and use a communal restroom. you want to you want to use what you brought. So that's kind of my my argument in its entirety, you know, for lack of a better better term. What I'm building what what I'm what I'm being asked to build is an infrastructure that's seemingly useless. You know, um that's

going to add to the the sewage and the the freshwater usage that, you know, is not really necessary because we're a full service RV site. So, with that being said, um this code, although it applies to us, it seems like it was more catered, it's more geared towards a campground that that allows tent camping, has cabins, has yurts, has all of those different type of structures that does not come with the bathing and restroom facilities on their units. It, you know, that's the way I read it. That's that's the way it sounds to me. Um, so I don't really think practically that this code is is is is beneficial for us because we're inundated with restrooms and bathrooms. I mean, you there's nowhere else to fit any of, you know, I mean, two two per sex, I can see that. Um, four is a little bit extreme. We got a RV park, multiple RV parks, but I'm going just, you know, we got one not far down the road from us. 123 sites, been in business close to 30 years, not one ba bath house on site, not one communal restroom on site, does not have, you know, any problems with with the health department or or any issues, you know, regarding that. So, I'm asking and praying at the same time that the commissioners, you know, you guys say, "Hey, go ahead and prove this thing. Let's move on and build something great." All right. Thank you very much. Uh, is there any opposition present today?

All right. Seeing none, I noted that in the staff's report that there were some inquiries. Did we receive any opposition through those inquiries? Yeah, some neighbors. Okay. some neighbors that were opposed. Did they include any? No. Okay. Are are they opposed to the bathrooms? Not specifically the bathroom, but activities associated with

But that's got nothing to do with what we're Yeah. specific. So, no opposition to what's relevant to this board. Understood. Mr. Chair. Yes, ma'am. Question to staff. Sure. Miss Chibers. Uh, and you may know this, you may not may not. Have we approved any of them? Any other RV parks with uh just two?

Have we? Um, so this is he was just saying that there's one right down the road that

Yeah, that one is essentially grandfathered. This these codes are I was here when they came up with these this language, so it probably was five or six years ago maybe and we've only had, you know, two or three RV site plans in in that time span. Uh, the one we did uh most recent to this is off of um off of Peach Orchard. It's not on the main road, but it was much smaller than his request. Um, they may have had 10 spaces or less than 10 spaces. So, they didn't, you know, that that wasn't an issue for them and and for so we've never considered uh a variance for this particular uh section of the code. This is the very first one.

Very first one. Mhm. Okay. Any further questions? Pass. Mr. Ringum. Mr. Patterson, I'm I'm gonna drift a little far, but I got I got some curiosities. Okay. Uh I'm assuming you got a dump site for your RVs somewhere on the Yeah, I heard you ask about that in the pre and and the information that you were given was was correct, but doesn't still doesn't apply to me. We we are on city sewer. Okay, that was going to be my next question.

Yeah. Now, now, but again, that entire strip in that area is not, we were just we were blessed because the the gentleman that the family that I bought it from sold the townhouse community behind me to those developers back there and part of his agreement was to have uh make sure that he has a a connection to the city to the city sewers. So, it is on our property. We got a we got a lift. We got a lift to it. We got a pump to it, but it's there. Yeah, it's there. It's extended from the north. Yeah. Yeah, it's behind the pump. I But the other thing I wanted to make sure of that you do have a dump station so the RVs can dump on your site.

That that is not in our plan. The dump station is automatic because Well, yeah. To answer your question, yeah, they're going to dump into the sewer the sewer. Okay. That's what I anticipate. He's saying dump station. Well, I was when I meant that I meant a place where the RVs could go. Yeah. So, our entire site is complete full hookup. Okay. When you come is worry-f free. You just plug into everything we got there. All utilities and you're home free. You don't have to worry about where your waste is going to go. All you got to do is have the ability to pull your valve and dump it into the to the sewer system. So, it's a full s each full sewer hookup. Full full sewer hookup each site.

Okay. I can pause here for just a second. Miss Pitts, you had your hand raised. You good? I was just wanting him to specify that it was full service hookups on each site. So, each bathroom has its own sewer hookup and water hookup to each RV. Okay. Thank you for the clarity. And you affirm that. Correct. Definitely. Mr. Chairman, I'm willing to make a motion to approve this application. All right. Do you want to approve it with the conditions before? I'd like to hear them, I guess. Yeah, that's what I was getting towards. If we could have uh staff make the uh give us their staff recommendation, please.

All right. The planning and development staff recommends denial of the variance request as it does not meet all the criteria for granting variances established in section 33 of the comprehensive zoning ordinance as it amended. Should the board move to approve the applicant request, the staff recommends the following condition. Allow for the reduction in the required number of toilets and bath bathing facilities for each sex. Sorry, I ain't got my glasses. In in the RV park from 4 to to two. Number two, each of the the two toilets and ba bathing facilities must be distinctively marked for each sex. Number three, each of the two toilets and bathing facilities must consist of at least one laboratory, one water closet, and one shower. And this concludes staff's recommendation.

All right, Mr. Pearson, are you agreeable to those conditions? Should we move forward with that? Yes. All right, Mr. Turner, I see you have a question. Yes, sir. Mr. Chair, this question is for the applicant. Uh, sir, would it be possible for me as a private citizen to rent any of this space for a party or an event or is it only going to be available to those who actually rent a uh RV space? Yeah, I would say because we're living in space, we don't have a banquet room or any type of uh, you know, picnic area or anything like that to to have. So it's your your intention not to allow BA basically it's for RV and RV only and not basically for other rentals that may drive a need to have more facilities. Correct. Because that would create an inundation of the park. All right. Thank you.

Does that answer your question, Mr. Turner? Yes, sir. All right. We have a motion from Mr. Bringham to Thank you. I'm going just I'm going ahead and read it so that way we make sure we follow the rules. Thank you. All right. Mr. Bringham has made a motion to approve with the conditions as stated by staff and I believe Mr. Pascal gave us a second. All right, having a proper motion and second, all in favor by show of hands of approval. Seeing no opposition, you have your approval, sir. You'll get a letter in the mail. Thank you. Thank you, everybody. All right.

All right. We'll go ahead and take the next item. Just a note on this. We're going to go ahead and treat the next three items for discussion at one time, but we will vote on each of them separately. Okay. BCA-25-50, a petition by Bart O'Quinny requesting a variance from section 8-1B of the comprehensive zone ordinance to increase the fence height in the front yard from 4T to 6 feet on the property located at 3221 Skinnmir Road BZA-25-51. A petition by Bart O'Quinn requesting a variance from section 8-1B of the comprehensive zoning ordinance to increase the fence height in the front yards from 4T to 6 ft on the property located at 3225 Skin Road. BZA-25-52 a petition by B O'Quinn requests a varian from section 8-1B of the comprehensive zoning ordinance to increase the fence height in the front yard from four feet to six feet on the property located at 3217 Skinn Road. staff will present.

Hi, Rachel Martin, planning projects coordinator. Uh, these variance requests uh involved a proposed wooden fences uh and to enclose the residences of 3221 Skinner Mill Road, 3225 Skinner Mill Road, and 3217 Skinner Mill Road. Um, section 8-1B of the comprehensive zoning ordinance states that a fence, lattice work, screen, or wall in a required front yard shall not exceed 4 ft in height. The planned fences would be held to the same standard. The proposed fences at each of these residents will be comprised of wood and run along the property line fronting Skinner Mill Road. The applicant states the fences will enhance safety and security along the busy thoroughfare of Skinner Mill Road. These properties are currently situated in the R1A one family residential zone. Um staff observed only few instances where fencing exceeds the height requirement in the front yard within the surrounding areas predominantly across the street. The new fences will not affect the line of sight for the nearby intersection and or road. Staff did not receive any inquiries concerning this application at the time of completion of the staff report. However, we did hear from the neighbors after the reports were written. And that concludes staff's presentations of these three variances. Thank you.

Thank you, Miss Martin. All right, Mr. O'Quinn, if you wouldn't mind, just for the record, your name and your address. Bart Oakquinn, 3225 Skinner Mill Road. Thank you. And you have up to 10 minutes to contribute anything else that you'd like.

Okay. I bought this property in 1989. I've lived there for 35 years. And since that time, Parkplace subdivision next to me was built with six foot fences running all the way to I20. And the I20 20 foot wall behind us. Uh uh this property runs from Skinner Mill Road to I20. large lots. 15 years ago, I bought the house two doors down which connects the land connects contiguous in the back along I20. And then uh four or five years ago bought the lot on the other side of that which was uh a burned out house, demo house that needed to be torn down, which I did. And I would like I built this fence, started building this fence unaware of a city ordinance. I just did not look into that. And seeing that all the sixoot fences that do run on Skinner Mill Road currently uh from my house all the way up to the top of the hill, Best Buy is sixoot fencing and walls. And I just did not I was unaware of an ordinance and started building the fence at the lower end on the lot which has no house on it and brought it all the way up to the second home and before I was went on for six weeks before I was sold about the ordinance. So I apologize for jumping the gun and building building the fence up there. Uh we built the fence and built it in the way we did to keep people from being able to jump it. It's just a flat wooden fence with no crossboards that you can put your feet on. We've had plenty of crime over the time that I've lived there. Our home broken into, our cars broken into, lots of equipment stolen from behind my house. Uh I run a property management company and have uh chainsaws and equipment uh that I keep down there. A

lot of that stolen four or five years ago. And I would like to be able to store track trailers that haul equipment in this lot primarily and that's why I started building the fence where I did because I intended to put trailers these longer trailers that haul tractors on them uh there and I can't do that currently without a fence because they'll just be stolen and we just built this fence for security sake and would like for the for the security of my family in my property to be able to have these fences. It's in no way going to affect my neighbor or neighbors. Not visual, not their visual going out of their driveway. Uh shouldn't affect them in any way. Um they are completely on my property. I went and metal detectors found the property pins. No part of them are on the easement. No part of them will be in any future fencing that I build. And uh and that's it.

All right. Thank you, Mr. O'Quinn. Is there anyone present today in opposition? Okay. If you want to pick a representative that might like to add anything, you don't have to, but if you'd like to. Mr. O'Quinn, if you don't mind taking a seat, we'll let them use that podium for a moment. I have a feeling staff might need on that one.

Thank you, sir. And as you approach the podium, if you would please state your name and your address for the record.

My name is Dennis Ilius. I live at 3223 Skinner Mill Road. I live next door to Mr. O'Quinn and also the property that he bought um recently there next to us on the other side. Um we do have opposition to the fence here. One because we're the one property that's in between the two here that uh will be impacted by the large the tall fence and anything else that Mr. Quinn decides to put on the other side of the of the other part of the property. It does, even though he did say that it doesn't impact our um ability to turn out of the the driveway. During the daytime, that's generally the case. However, at night, it does impact uh how you come out of the driveway there. It's very dark on the street anyway. Although there are some some lights out there, it does uh make it difficult to come out of the driveway, especially when it's very dark. Um, and the other thing is the other thing too is when we decide that at one point if we ever decide to leave the the the community and buy something else, we want to be able to resell the home and we don't want any obstru, you know, um, things that are going to impact that. So, that's what I have to say about it.

All right. Thank you. And remind me your name one more time. I'm sorry. My name is Dennis Ilas. Ilas. Thank you very much, Mr. Ilas. Um, all right. Uh, if y'all wouldn't mind if you're done to have a seat for a minute and uh Yes, ma'am. your name and your address as well, please.

I'm Mary Ilas and I'm the wife of this gentleman. I'm not against that, fence. What I'm against is that you as a community developed an ordinance that says we must abide by the rules and regulations, the law. And the law of the ordinance says in the front yard it can be a 4ft fence. The lady across the street, she came down to planning commission. She has a rot iron fence and she asked the planning commission could she have one put up and she got the permission from them to do that. This man is in that type of business as he rents and he manages property and he knows these rules and regulations and he cannot say that he wasn't told because I personally went to his home not in anger, not in any way to ask him to take his fence down. I was telling him that somebody put in my mailbox the ordinance and said, "You are not abiding by the rule." Well, they thought it was me that was building the fence and it wasn't me. I'm the next door neighbor. And so I went over and explained it to him. I said, "Look, I'm telling you this because there's been people out there from the county taking pictures and they are definitely going to be talking to you in the future about this situation. I and he said I didn't know that. I said how is it that you don't know it? You should have inquired about it. This is

your line of this is your job. You manage people's houses, apartment buildings, residentials, what have you. And if you do that, you should be able to know that you're doing these other things too or need to do the if nothing else, call the planning commission or the code and enforcement and ask them what they need to do. So when he said he appreciated me giving him that information and I let him make um I didn't give him my copy because it was the copy that was put in my mailbox by somebody. I have no idea. So help me God. However, he asked me could he have a copy of it, and I said, "You sure can get your phone out and make a copy of it." I was there to only try to inform him of what was coming his way, not to be against him. I still think that it is prudent that he abide by the ordinance, the law that is on the books that Richmond County put there. And it clearly states in the front of your house it's a 4ft fence. In the back of your house it can be a sixft fence. On the side of your property it tells you it's anywhere from three to four. But you cannot block the guy that needs to get out of the driveway up and down so they can't see that they're blinded by whatevers that come their way. But I am not against this man or this family.

All right. I have always tried to if anything ever came bad his way, I have called him on the phone. I have notified him about things that were happening over at his house or his son house who rented one of those pieces of property where the fence now stands. But I never have ever wanted him not to have a fence. I never said that to him the day I talked to him or and his wife and the day that I gave let him I wouldn't let him have my ordinance because that was the only one I had that was put in my mailbox.

All right. Thank you very much, Miss Ilas. I appreciate that. All right. I'm going to turn real fast to staff here to go ahead and get staff's recommendation. Then we can open it up to discussion with the board, please. Okay. The plan development staff recommends denial of Sorry. Do you mind getting a little closer to that? Okay. The planning development staff recommends denial of the variance request as it does not meet all the criteria established in section 23-5B of the comprehensive zoning ordinance of Augusta, Georgia as amended. Should the board decide to approve the variance request, staff recommends the final condition. Allow for a 6ft fence at the residence and along the property line as shown on the concept plan. That concludes staff's recommendation.

Sorry, director. And that applies to all three as stated. That's correct. All right. I'm going to open it up to questions. I see Miss Williams first. I see we have we had when you asked for opposition, we had four people that raised their hand. So I'm I would like to know where do they live? Do you all live near this piece of property? These pieces of property. That's what I want to know because they're not of the same household. And that's important for us to know that. Fair enough. if you would please your name and address. Um

I am Becket Core. Um 18 Eagle Point Drive just around the corner from them and 30909. Um I am up and down Skinner Mill and I was horrified when I saw six feet when the ordinance says 4 feet. How can this be? That's not right. That's illegal. And what's really upset me is he has a steel fence. I don't know he's gonna keep in there. Maybe cattle, maybe equipment, you know, farm people are going in and out of the steel fence. Why? Why does he have a steel fence on Skinner meal mill road? I don't understand that. So, it's supposed to be four feet and there should never ever be a steel fence connecting the two wood side pieces of the fence. That is my um hesitation. So, I am up there up and down all the time to get to my neighborhood all the time and I'm just concerned. It's not fair. It's just not fair. You know, follow the rules. Everyone should follow the rules. It's not just for one or two families. Thank you.

Thank you. And ma'am, would you like to address as well? Oh, no. Sorry, her. Again, same procedure. Name and address, please.

Uh, Claudia Collins. I live at 37 Thornberry, the apartment complex, a little further down on the road. Um, the biggest thing is since I'm a friend of uh Mary here, going in and out of her driveway, I go over to her house and when I go to go out of her driveway now that the fence is there, like the one lady was talking about, at night, you can't see the traffic as well. And there is no lighting much. It's like almost every light since the hurricane has gone. That was on Skinner Mill by the way. Uh so it's a very hard and those people are coming around that corner. Actually it says 35. Some of them are going about 55 and that road is really dangerous at night. I know of six accidents in the last year that have happened on skin of milk. And anything that causes you to have a little bit of blockage, you're going to have problems. And that's why a higher fence makes it harder for everybody to see coming out of their driveways, coming out of Thornberry. It's hard. We can't see some things when those curves are going. So, that's what I'm looking at as driving. As I've gotten older, I've noticed my eyesight is not as good as it should be, especially at night. And so you're going to have some problems there with that fence being solid, almost solid on that road. And the lower fence is easier to see over and you can see more.

Thank you very much. I appreciate that. I'll open it up to the board members for any questions. Sorry, Mr. Brigham. Yes. Perfect question. I'm gonna have several probably. Um, has any of your burgies been recent?

Well, my wife's my wife's car was gone through last night, but I don't nothing stolen, but yes, they have been uh within the last four years. Uh, this all this equipment stolen from my building down below my house was three to four years. and they entered through this lot where I'm building the fence went through the woods behind to this building of mine and and stole all this. So I'm assuming there's police reports there is police report for all these car broken into house broken into. Okay. Second question, and if you were in your neighbor's position

and had a six-foot fence around your property, would you be happy with it? I like fences, so I would be happy with it. Uh, you know, we have dogs and uh and any I was very happy when they built the wall on Skinner on I20 because I didn't know when our house was robbed if they came from I20 or Skinner Mill and the sixoot fence that was built along Parkplace along my property all the way down. Great. Made me very happy. And I wanted to go ahead and mention that in front of Eagle Point subdivision is six foot walls along Skinner Mill Road the entire road.

Yes, sir. I'm I'm very familiar with that area. And I also know that those fences along back property lines and yours is not. So yours is a little different situation. That's why I'm trying to get information. Mhm. And I I do dispute any visual obstruction my neighbor's yard. that that that's fine, but that is something that we take in consideration and whether you dispute it or not. Okay. Um and there is no curve. It's it's a straightaway road. All right, Miss Williams, I see your hand.

I realize that and I also realize you got a den in front of your prop. I don't want to get in argument between people why I'm trying to ask questions. I I'll I'll deal with other people as needed and I'm trying to make some decisions. I've represented that area probably 28 years in various capacities. So, I'm very familiar with it. Um, and now you got me off track. Kevin, did you find out anything about the widening of SC? did speak with a contact with uh traffic engineering and he indicated he didn't have a specific time frame. He was searching through the files while we were on the phone. He did indicate there's no plan to begin construction within the next three years. He said they're still in the design phase. Uh the um improvements will involve three lanes of traffic um and then sidewalks.

And sidewalks. I think that's what I wanted to hear. Um the I'm trying to think of what else I wanted to ask. All right. I'm getting While you're thinking about it, Mr. Mar, we're going to jump to Miss Williams. I'll make a motion to deny the variance request of a six feet. Second. All right. We do have a motion and a second. M Did you have a question or you go? I was going to make that motion. Okay. Thank you. All right. We have a motion. the chairman. I hate doing this.

I I I think we ought to give some consideration to the vacant lot. I I'm in agreement on the two residential lots, particularly that form around it, the property. I think that Kevin, please explain to everybody the front yard set back so we're all clear as what we're talking about. So in terms of um the front setbacks for Skinner. Yeah. Well, front yard setbacks in as it occurs with front yard fencing.

Yeah. As the zoning ordinance identifies any uh property line, a lot line that a street rideway and that could be the interstate highway, that could be a collector street, a local street. um those would be identified as uh front yards. And essentially in terms of the ordinance, particularly this section, section 8-1, the ordinance prescribes that there's a maximum 4 foot allowance for the overall height for fencing. We don't regulate um materials necessarily unless it's in a a design or historic district, but if it is in the front yard, it uh it is limited to 4 feet um in in every in every instance. Kevin, will you define what a front yard is?

Yeah, so the front yard is going to be generally that um lot line that runs adjacent to the street right ofway. And so it extends from the street rightway uh typically 25 ft or 30 ft into the property. So along the street right ofway and into the property 20 to 30 feet generally speaking. What if the front door is inside of that right away?

Uh within that front setback distance um usually it's capped to where the the front plane of the home is. So it's usually if it's less than that 25 ft or that 30 ft is capped where the front plane of the home exists. So, if the homeowner were to essentially combine the two lots, they could run their sixoot fence off the front corner of the property all the way down that vacant lot until it turns without any need of bearing.

Not necessarily the front corner, but wherever the the the extension of that front yard terminates. And that may be the 30 ft or 25 ft or the front plane the home wherever that point uh begins to the the end of the property. But it has the the front yard has to be respected the the period the the spacing between the the rat and you know that distance if that makes sense. And that includes the size Mr. Chairman.

Yes sir. Mr. I, you know, I had thought I had made my mind up when I got here, but evidently I didn't. Um, I think that the vacant lot should be treated different than the two residential lots. And if the maker of the motion wants to do it that way, I'll be happy not to to say much if anything else. If not, I'm going to make an alternative motion to do that.

Before you do that, I just want to clarify for everyone's sake and and legal can chime in. We've heard discussion and treated all three individuals as one for the discussion point. Um, we will still be voting individually for each of the three. So, there is an opportunity to make that that change. Um, should we should you want to go that route? Uh would you still like to make your your substitute motion? Uh Mr. Chairman, what line are we what are we voting on? We're voting on the first one which is what

that's going to be 2550 which is 3221 Skinner Mill Road. I have no problem. Mr. Chairman, yes, M. will you note which lots we're voting on would be on the front as of as well as the ones that are on the back that will have that we will um I guess based on Mr. Bighgam's motion would be six feet and then the ones on the front. So we want to know which ones on this sheet would be the front ones that we're voting for. All will have frontage. All of them. So, which what are we what are we voting in terms of for the 6 ft?

Well, right now there's a motion to deny on this application uh for the 2550 and it's been seconded for 3221 Skinner Mill, which if you're looking at your packet is going to be the one that is the flag pole one. Well, it's not technically, but it bends around. I'm sorry. I'll come right there. Does that answer your questions on terms of the property lot, Miss Williams? I want to make sure I clar go on record to clarify my motion. I made a motion and my motion my intent of my motion was to deny all three of the petitions. Okay. Okay. We because of how we're doing it, we do have we have to vote them

we do have to do all three separately. So as you made your motion would you like to make sure that your motions for this application? Yeah. All right. So that everybody's clear. The motion is stated for this application which is 2550. That's what we're looking at. I make a motion to deny BCAA 25-50. Okay, now we're getting it. Second. There is a motion and there is a second. There's been plenty of discussion. We're going to go ahead and take a vote by roll call. Miss Baron. We were doing good. Yes, ma'am. Oh, and I should say I'm sorry. I believe Miss Morton's going to recuse herself. Not abstension, but a recusal. Okay. Let me put this down.

All right. All right, we're voting to deny BZA 2550. Board member A. Williams, how do we vote? Board me. Board member Pascal, deny. Board member Row, deny. Board member Trulock, um, deny. Okay. Board member E. Williams, deny. Board member Forest, deny. Board member Mastery, I can get, let me say it right. Board member Chivers and I. Board member Turner. I am not in favor of the motion. However, so yes, I'm not in favor of the motion. However, so in opposition

opposition, however, he's in opposition. He does not approve. He does not approve. That's right. Woman Brigham appreciate you saving me last on this one. Okay, sounds good. So, BZA 2550 has been denied. Okay. All right. We're going to move to BZA 2551. Now, we've had the same discussion about the property, but this property, let's take a look. This property does have a house. Does this one have the house? Okay. So, Mr. Bringham, this one is also occupied.

3225. There is a house on it. Thank you. I make a motion to deny BCA-25-51. Second. There's a motion by Miss Williams, second by Mr. Grow. We're gonna all do another roll call vote. You wanted to treat them all differently, so I got to make sure everybody's voting the way they want to vote. Can I make one more comment before you I'm sorry. Okay, we have to vote on it real fast, though. I mean, it's there's already a motion out there. All right. So, there's a motion in a second. Let's go ahead. All right. That's a motion to deny. BZ 2551. Board member Chivers. Deny.

Board member Turner. I'm just fighting the power so I'm in opposition. Okay. Board member Bighgamy. All right. Cusen, Miss Morton. Board member A. Williams, deny. Board member Pascal, deny. Board member Row, deny. Board member Trulock, opposed. Board member E. Williams, deny. And board member for deny. And board member Mree, nay. Thank you. So, BZA 2551 has been postponed. I mean,

just hang tight for me one second. Okay. All right. We're going to now vote on or take take into consideration BZA 2552, which is the 3217 Skinner Mill Road. Before we entertain a motion, I want to turn back to the applicant for any additional comment

concerning this lot, which the fence is already built. And u if there is a denial of anything, I'm just going to be cutting the fence off at 4 feet and leaving it there and not destroying it and tearing it down. Spent thousands of dollars building this thing personally. If there was a house, there's no house on this lot. And it seems like your ordinance tied to houses and which way they face. There is no house and it's a two and a half acre piece of land with no house. And seems as though I would be able to since if I did have a house and it was facing the other way, I would be able to put a sixoot fence on Skinner Mill. I'm going to let staff clarify because I don't believe that's necessarily the correct interpretation.

Okay, that is unfortunately that is not the case. Um it the rules apply if there's a house occupying a lot or not. And now you could take that as special consideration and and in um internalizing and interpreting what his intentions are for the property, but that has no bearing. Um a home being placed on the property has no bearing on the height of the fence. All right. Hey. Oh, and one more. Uh there is no metal fencing. It's a gate. A gate entering the lot is what she was referring to. I I put a gate so that I'd We don't vote on the appearance of things. We only vote on the height of it. Um, and so this variance is is requesting to take an additional two feet. As you say, if you cut it down to four feet,

right? We don't we don't take into consideration what it looks like. I wouldn't have built this type of fence 4t tall. I was trying to build something no one could jump, but that's what I'll be doing if I have to. And just to add to that, it looks like your metal gate is 4 feet in height. So, it looks like in compliance. That's right. All right. I'll entertain a motion for this uh BZA 2552. Oh, sorry. I'm seeing Mr. Bringham's question. I'm going make a motion to approve the allowance of a six-foot fence at 3217 Skinner Mill Road.

All right. There is a motion to approve a 6ft variance at 3217 Skinner Mill. Do I hear any seconds? Second. We have a second. I'm sorry. Did you second that? Second. Okay, there's a second to approve. All right, roll call. All in favor of approving the variance on BZA 2552, which is 3217 Skinner Mill Road to allow for a 6oot fence. Before I roll call, there's no substitute motion. Before I do a roll call, Mr. Chairman, I make a substitute motion to deny.

All right. There's a substitute motion to deny by Miss Williams. And I got sorry who second by Mr. Ray and I want to go to Mr. Turner real fast. Um I'm sorry I actually have a question of staff. So on 30 BZA was it 2552? Is that where we are? Which is a vacant lot that has a exist currently has an unapproved 6ft fence and a 4ft gate. If we were to somehow approve this would the gate become 6T eligible or not? Okay. Thank you.

All right. We have a substitute motion to deny the requested variance to uh keep the six foot fence that already exists. We're going to take a roll call on whether or not you approve. You are approving to deny. Just say deny. I'm trying to get him into a better place. All right. If you're uh let's get the vote on it. Substitute first. What happened? Uh, the debate's been pretty exhaustive. I think we can go ahead and vote on the second um on the secondary. I think the parliamentarian say we can debate the issue. I believe that's to the discretion of the chair. To the volunteer if you call for question.

I appreciate it. It's it's up to the the chairman to make that decision. We're going to go ahead and vote on the substitute motion, please. All right. So, we got a substitute motion to deny BZA 2552. All right. So, board member Chivers, how do we vote? Deny. Okay. Board member Turner. Oppos. Board member Bighgam. I'm opposed to deny. Okay. Board member Maestry. Okay. Board member A. Williams approve. Board member Pascal, deny. Board member Ro, deny. Board member Trulock, oppose. Board member E. Williams, deny. And board member Forest,

no. All right. So, what happened? So, we I'm denying the substitute motion, right? You're voting on the substitute motion. So, you want to you want to deny you or approve it? I want to deny that that that motion. Substitute. Yeah. No, we're denying the whole Yeah, I'm Yeah. Okay. Okay. You said I got you right. Can you read the results, please? Yes. So, so to make sure cuz women's a You said approve, but you denying still. You're proving the denial. Gotcha. So BZA2552 has been denied. All right. Oh, you want to know you want you want to know the numbers? No, you don't have to give me the numbers. I just want to know whether or not it was denied or not. Want it.

Mr. Chairman, I want it. Would you mind giving us the number amount? Give us the vote count, please. We have We have one, two, three, four, five, six, seven to vote for the denial and three to oppose it. To oppose it. All right. Seven to three. It is denied. It's I'm saying I got you. I got you. You got illegal. If we could in the future, please vote support or opposition. That way or oppose.

It's not confusing. It's still denied. Not. It still failed. Let's get some Let's get some composure here. Look professional, please. Thank you very much. All right. All three have been denied. All right. Thank you. Those have been denied. All right. We're going to move on to um some housekeeping here. Now, we have to vote on vice chair and chairman. So, y'all will get yourself ready for that. I make start with vice chairman who is currently Reginald Forest.

I make a motion uh that Reginald Forest uh keeps the position as vice chairman to serve another term. A second. A motion and a second by show of hands or or show hands. All in favor of keeping the vice chairman as is unanimous. Williams and then Williams. Williams and Williams. Williams and Williams. All right. And now for your chairman, who is Shawn Mooney. Any nominations? I make a motion to nominate to keep Shawn Mooney as the chairperson another year also. Second. Second. All right. Abstain.

Boy. All in favor of the motion? Any in opposition? Opposed. Any We got Ross down there. Any uh any abstensions for real? Did you want to abstain? No. All right. Good. All right. Anything from the legal department? This is Lentha Pitts from the legal department. I have nothing. Thank you very much everyone. Have a merry Christmas and a happy holidays. Thanks.