Planning and Economic Development Committee - Regular Meeting

Okay, good evening. It is Thursday, July 16th, 2026, here at the City of Green Administration Building. We're here for matters on the agenda before the Board of Zoning Appeals. I do have six o'clock. If you would start by standing with me and say the Pledge of Allegiance, please. Thank you, please have a seat. You can call roll, please.

Mr. Encarvati?

Here.

Mr. Spate? Here. Ms. Newbert? Here. Mr. Alidala, absent. Mr. Schultz?

Here. Okay, so we have our agenda. We have two matters on the agenda this evening. We'll go ahead and take them in numerical order. First one I have is BZA 202617, Pamela and Corey Harbin at 2424 Linden Drive here in the City of Green. where appellants Pamela and Corey Harbin at that address are requesting a three foot height variance to permit fencing of six feet in height to be placed in the frontage of Pine Lake Trail, where three feet's the maximum amount allowed. That does not comply with Green Codified Ordinance Chapter 157 of the Planning and Development Code. Specifically there, it's 157.085C1A, Fences, And specifically stated, the variance request is a three-foot fence height variance to permit six-foot fencing in the front yard of a parcel with two frontages. And who's here on that matter? Okay, you guys. We'll welcome you forward to that podium. I'll swear you both in. You'll notice there's a small X there. If you have anything that you wish to display, and we have your materials, so we've looked at those too, but you're welcome to set it on the X and it'll grab it. And if you'll wander away from the podium, With that, Mike, please pick up the handheld mic so that we can make sure we got our record going. But if you would, raise your right hands for me. Do you swear or affirm to tell the truth and the whole truth and nothing but the truth in this matter before the board? Yes. Okay, can I get your names, please?

Pamela Harbin.

All right, thank you, yeah, go ahead.

Pamela Harbin.

All right, and your name, sir? Corey Harbin. Okay, and that address is a good address for you, a good mailing address, too? Yes. Okay, the nature of the appeal. Why do we need the height in the fence?

so our main item is for safety we have a two-year-old son and unfortunately our unique property sits on a corner with four point intersection with having the two front yards we have no backyard for him to play in a three-foot fence he is three feet right now so he is able to climb that in any capacity That is the main reason of why we are requesting this is for safety concerns, to expand and have more area for him to play and for us to actually live and enjoy our property and our home.

Excellent. And as you noted, you're on a corner lot, and that's where that requirement kicks in. Yes. You've got two frontages. I've got two frontages. Well, you're on a corner. So unfortunately, with that second frontage, even though technically it could be looked at as the side of the house, it still requires the frontage. I think we've all received our packets, and in there we've got a letter from Kayla and Chris Brown, email, stating that they have no objection to it, and that's your wonderful neighbors. There are questions from the board. Thanks.

I have a question about just the fence itself, the other, the quote-unquote side yard that you're calling your backyard. Is there a tree line or something? I'm getting like a shadow of the... Yeah, we can show.

Here's the overhead image. So there's a current fence, this green section here is the current fencing. And then this is that three foot variance that we would be asking for the proposed. Um, so we're planning to put a gate here and that's based off of the, um, Spelman gas company that we've talked to about the easement. Um, that is their suggestion. Uh, they said, do not put additional shrubbery, do not put anything like that because you know, the roots and stuff would grow. There is a tree here and there's a shed this box right here. So we are just planning to connect to that And then we've got two trees up here. So like the line of sight Which I also have some Pictures of our road, I guess I guess the question that I have can you show me where where the side yard is in this picture? Right here

So you already have a shed in the side yard? Yes. And this is going to be just a fence that will connect to that? Connect, yes. And there are trees there. Yes. Yeah, very good. Thank you.

It'll be wooden so from here. We're gonna connect um we've got our written contract with our neighbors They have a wooden fence and we are going to attempt to get as close to their fencing as possible to build on and expand

So solid wood? Yes. Privacy light? Yes. Secure for a little guy? Yes.

Correct. Thank you. Absolutely.

Just one bit of advice. Make sure that you have the gas line marked before you start. It is already marked. They have been out.

I have been in contact. They probably know me by first name right now. Perfect.

Awesome. That's great news. As we guess. Anyone else here on this matter here to speak it? All right. Anything else? Additional questions or would entertain a motion?

to the request i'd like to make a motion to approve a three foot fence height variance to permit fencing six foot in height to be placed on the frontage of pine lake trail where three foot is the maximum allowed okay mr schultz thank you it's been a motion made to approve the variance as requested is there a second to that motion a second emotion thank you then without further discussion if you call roll on the motion to approve the variance as requested

Mr. Schultz?

Yes.

Mr. Spate?

Yes.

Mr. Encarvati?

Yes.

Ms. Newberg? Yes.

Okay, that passes 4-0. Thank you. Good luck, good luck. It'll only get tougher to keep them reined in. Thank you. All right, our other matter this evening, BZA 2026-18, Mika Doan, at 980 East Nemesilla Road, Green, where the appellant at that address is requesting a variance to permit an accessory structure, a shed in this instance, to be constructed in the side yard. where accessory structures are required to be in a rear yard, and this does not comply with Green Codified Orders, Chapter 157, Planning and Development Code, and here were 157.087-1 of the allotted accessory uses. Specifically stated, in this instance, a variance to permit an accessory structure to be constructed in the side yard. And who's here on that matter?

I am. Your name, sir? Micah Doan.

Micah Doan. All right. If you'd raise your right hand for me, do you swear or affirm to tell the truth in this matter before the board? Yes, I do. Okay. Welcome. The nature of the project and why we are looking to locate it, where are you proposed?

I would like, I want to put a shed next to our house, and I understand that it's supposed to be behind. With the way our yard is, it kind of slants down a little bit from the road, it's kind of flat in the front yard, and then our house is on a flat part, and then right behind our house, it drops down about 10, 15 feet, It does flatten out below that, which is where our septic tanks are, our leach fields are, and it gets very swampy back there. It's also quite a bit away from our house at that point. And then it gets to quite a bit of forest and trees behind there. I understand I could put a shed that far back, it would be almost useless because no I'm not going to be able to get down there and I can't even get my mower out of my backyard into my front yard if it mows or if it rains due to the steep hill that I have to go up and down so I would like to put a shed there the only flat area that I think I could put one is on the side of my yard or side of the house and so it seems like the best option for me at this time and the type of shed you're talking about here 12 by 16 probably barn style Not too massive I haven't picked exactly which one I would go with at this point I wanted to see if it gets approved. What is available at that time The color of the shed match the house I would leave it up to my wife to find one that matches, because if I pick the exact same color, I'm sure she'll tell me why that clashes. And if I pick a different color, why that one would clash. But it would likely match, or I would trust people that are better at that than I am.

Thank you.

Additional questions? Questions from the board at all? Likewise, some nice submissions from your neighbors that state that they are, among other things, that they certainly don't oppose it or in favor of you placing it where you are. And because I think they live a similar terrain, understand why it's got to go there. And again, let me say, wonderful thing about the kids, which is wonderful. Hopefully you've seen that. If not, I will share it with you. Anybody else this evening care to address the matter? Questions from the board or a motion? I just have one question. Yeah, absolutely.

There's no, I mean, this still meets all the required setbacks from the property line in the house. Correct. So it's really just the fact that it's in the side yard.

Any accessory structure would just need to be five feet in from the property line. So as long as it's five feet in, even if it's on the side, that would be fine.

All right. Perfect. Additional questions or questions?

Motion. I'll make a motion to approve the request for variance to permit an accessory structure shed to be constructed in the side yard where accessory structures are required to be in the rear yard. This does not comply. I'll make that motion. And just noting what Mr. Schultz said and ensuring that the shed is within the property line by five feet, right? Mm-hmm.

There's been a motion made to approve the variance as requested and obviously be careful where that gets placed. Is there a second to the motion?

I'll second the motion.

Thank you, sir. Okay, a motion's been made to approve the variance and has been seconded. If you would call roll on the motion.

Ms. Newbert? Yes. Mr. Spate?

Yes.

Mr. Encarvati?

Yes.

Mr. Schultz?

Yes. And then that passes 4-0. All right, good luck with your project.

Thank you.

Thank you all. Thank you. The other matters that we have on the agenda here would be review of the minutes from the prior meeting, which was Thursday, June 18th, 2026. These minutes were circulated in advance of our gathering here this evening, and we'll assume that board members have had a chance to take a look and review them. If not, we can take some additional time to have them reviewed. If you have, I would take a motion to either accept as submitted or entertain any requests to change or modify.

I have a motion to accept as written.

Mr. Spate, thank you. And if you would then call, I'll second that. If you'll call roll on a motion to approve and adopt the minutes.

Mr. Spate?

Yes.

Mr. Encarvati? Yes. Ms. Newbert? Yes. Mr. Schultz?

Yes. Okay, and that's done. Anything else for the good of the order other than I think we've heard there's nothing for August, right? Okay, and anything else? Motion to adjourn?

Approved.

All right. Thank you. We will stand adjourned. All right. Thank you very much. We appreciate your time. Thank you.