Board of Zoning Appeals - Regular Meeting

It's May 15th, uh, 2025. It's at 6:00 of the board of zoning appeals of coffee county. Uh, has everyone had a chance to read the minutes? I make a motion to approve the minutes from September to the 26th of 2024. Second it. Okay. Motion been made in properly second. All in favor say I. I. I. No oppos. Okay. Moving on to the approval of the agenda. Is there anything needs to be added to the agenda? We need to change the date. Change date of the agenda to May 15th. Anything else? With that change, I'll make a motion we accept the agenda. Second it. I would uh I would ask that you add election of officers to the agenda. It's on there. It's down here in the bottom. I just got it handed to you. Okay. You read that part? I think you need to make that the first thing. Okay. Not the last thing. It is. You want to move that up? Move that up. Okay. I make a motion we move it up. Change the date to May the 15th and move elections of officers underneath the approval of agenda. Second it. Motion been made and seconded. Do I hear? All in favor say I. I. Okay. Moving into election of officers. I nominate Sammy Morton to be the chairman. I got loaded up now. Budget finances enough. Any other motions? I make a motion. Make somebody make a motion that the nomination nomination

cease. I make a motion. Nomination cease. Second. Motion make nomination cease for me to take chairman. All right. Now we need to elect a vice chairman. Do I hear a nomination for vice chairman? is not here. I I'll nominate uh Alicia Ashley, excuse me. Anastasia. Anastasia. Sorry. Sorry. Anastasia Gonzalez. I know her last name. I nominate Anastasia. What is her last name? Gonzalez. Okay. I am the world's worst. It's okay. Listen. I had the last name right down. [Music] Any other nominations? Make a motion the nomination cease. Second. Congratulations, M. Did we need to elect Ly as secretary? I make a motion. I make a motion that LOL as the secretary. Any other nominations? I make a motion that nomination cease. I second. I would like you. I would like for you all to vote on all three positions as nominated. All right. Can we put them all together? Yes. Vote. Put all three of them together. Okay. Okay. Make a mo need. Motion. I make a motion to put all three of them together. Sammy Morton as chairman and Anastasia Gonzalez as vice chair and Lo Duke as secretary. Second. Okay. Proper second. All in favor say I. I. I. Anybody oppose. Not yet. Not yet. It's early.

Moving on to public comments. Do we have any other than anybody? I don't see anybody. Y'all are all in the uh family. Seeing Uh, we have before us tonight a variance request for fire lake map. Nope. How do you pronounce your last name? I don't My name is Mike Petty. I'm representing Mr. Okay. I don't want to butcher it. That's okay. It's took me a minute to get used to it. Would you like to come up here and present what what he's come up here? If you want to sit right here, that's fine. Yeah, you can do the microphone. Is it sit stand? Sit. There we go. Thank you very much. So, you're the rep and Mr. Develio is the owner. Yes, ma'am. He is looking to purchase the property. So, he's not purchased property yet? Yes, he's in the um he's under contract to purchase the property. Okay. Okay. So, we are asking for a variance on the northern um lot line to be reduced from 25 on the side lot line to 15 to accommodate the foundation blueprint of the house he's like looking to put on the lot. Um that is the lot line that kind of angles back towards the back of the property. So, we did go out and measure it. Um currently with the blueprint of the foundation that he has picked out, it's right at around 20 feet, 21 ft. um from the lot line. So, we're asking for that to be to 15 so we can make sure that we clear that um so we don't have to make any major adjustments to the pitch lines of the roof and the foundation of the house that he's chosen to possibly put there. So, if I'm understanding correctly, the

foundation or the roof edge will be 21 ft from the So, currently, if you look at the uh drawing here on the the map for the side, um that Yes, sir. That one right there, the back corner with the red arrow on it would be the closest to the lot line. We're able to accommodate all the other setbacks. Um except for that one with the blueprint or the footprint of the foundation that he's chosen. Okay. To go with he won't have like an overhang. No, it'll just be the side of the house. Um yeah. Yes, sir. And this is the road down to the docks. Yes, sir. That's the access road that goes down to the marina. Does that belong to the homeowners association? It does. It's actually leased by the homeowners association from Charles Mo, the original developer of it, or at least has a fallback lease that goes back to him if they decide that the TVA decides to get rid of the marina down there. So, that's what I was curious if this was an easement or nightfall. It's not an easement. It runs along the side of the lot line um that goes down to the marina, but there wouldn't be any impedance there. I did already speak with Mr. Miller about the the his original development because they were asking to also make an access in the back for a gate for them to be able to access that because they do want to be a part of that association. Okay. Another question, not that it matters. So, what relation are you in this transaction because Joseph is the one selling it. So, yes, I'm Mr. Nolla's realtor. Okay. Yes, ma'am. And not that it makes any difference either seeing as there is going to be an a change here. Has the association been notified that they're going to be moving that? I am not sure about the association. Um whoever owns this right away right here. Yes. Um I did talk to Mr. Miller directly. I went over and spoke with him. He's the I guess and the way he explained it to me is it's leased by the association for them to access the marina that they have down there at on the lake and that if the TVA decides

that marina has to go at any point in time it falls back to him. So I think he still has ownership of it. I'm not sure exactly the the is this in use actually is it surfaced and in use? So it's gravel and it's pretty steep but it is in use. Um yes they do use it. So, the people who pay to be a part of the association for the marina, they get a key to the gate to be able to to drive down there. And where is the gate? Is it up here? Yes, it's right on the corner of the lot where the lot line stops on the culde-sac there. Yes, sir. Okay. So, it would be right up here. Yes. Okay. I think they drive gators and stuff down there. Yeah. Four-wheel drives. Side by sides. And you can't put a boat in down there, can you? No. We have We have We We are both part of the association. Yeah. But can you launch a boat there? You have to go to Barton Springs. Okay. Yeah, that's what I was thinking. So, it's just an access. No trucks with trailers would go down there. They're not supposed to. Okay. Yeah. We've got trucks that go down there. People Yeah. four-wheel drive trucks. Yes, ma'am. Boats have got to go in at the public fire lake dock and then be brought around and then So, do they use this access for anything to get down to just that? We've got we've got 12 slips down at the bottom. We've got a pavilion. We've got barbecue facilities. We've got fire pit. We do a lot of association does a lot of activities down there. So very he was the original developer. Yes. The very actively used marina. Sammy, I've got a procedural question for this. Is the owner actual owner of the property requesting this variance or is the prospective flyer? Representing the prospective buyer. If he gets a variance, my understanding he will purchase the property. the varants. Right now, our only conditional for persons in the property is the perk site, which we are in the process of working with um Mr. Alan Schauvin for getting the uh the leech lines and everything out there. And it

the contract is based on getting a permit for the septic so that way we can get a building plan for it. But they have not approved it yet. Not yet. We have the test. It's they're a little behind on test right now for time. Um we do have a soil test going tomorrow morning, I believe, with uh Tim Baxter. I'm going to be meeting him out there and then we're still waiting on when we'll be able to get somebody out to decide where the leech lines can go to get the permit. He's just covering all of his bases because it does take longer to get those permit. Do not if this fails by any will it throw him out of purchasing property? I'm not sure that's I can't answer that based off of his decision. Um, I know that, you know, we could make variances or we could look for a different floor plan, but that's the one he wants to choose. So, he wanted to try to see if we could accommodate putting that house. What happens is when we make this Yes, ma'am. It goes to whoever. It's It's permanent. It's not It's not conditional that he's going to be buying it. Once we pass it, whoever buys it gets Yeah. It is a technicality. This you're making this decision for the property itself, not any individual. Once it's made, it could be rescended possibly, but I don't know why anybody would want to. But it it goes with the land. It has no bearing on who owns it. It's not the purchase or the person that actually comes before us. Right. Understandable. And that was my question. make sure the right person was asking for the variance because if a prospective owners do you know how wide the road is ask for that I wouldn't so the gravel road is uh I think they have I didn't measure it but it looks to be eligibility to ask because we're trying to buy yeah and if

you put it on there when when we grant a variance it's supposed to be recorded that's actually along the road and the registers would have it because it runs with the property So it's probably 2 to 3 ft below the lot. We want to be looking to go over that edge there on the edge of the property. You say it's below the lot. So the access road is actually about 2 to 3 feet below the lot. It's actually cut out. And so on the side of the lot, it actually does fall off there. Right here. Mhm. Along the entire side lot line that goes down the road. What's your distance right here? 25 ft. 25 ft. Mhm. Do you think the septic goes in the front or the back? The back. The back. Mhm. Is what we're looking to do. It's got more field line area back there. Mhm. But it drops off. And he really does want the lot. He's just This is one of the things he just wanted to go ahead to see if we could get approved while he's in the process. Have you been up there in the dirt? What's that? Have you dug in the dirt out there in the back? No, I have not. Okay. I just wonder if No, I just wondered if like there's CH or red. Yeah, red clay or CH there. It is because that is I mean they did have issues of getting permits out there. Yeah, they you know we've had this discussion before that I brought that up about septic tanks and you know that wasn't really part of the description that we're supposed to be following but sometimes I think we get our carton before our horse. So if you add the 12 feet to him, he's not going to be encroaching. And I don't know where the house is on 21. This one right here, this lot across from him. Even if there is one, it's quite a distance. Okay. There is there one on this lot? I'm thinking there is I put a bus to this corner and that's it. I don't go to the culpas and I don't come to this culpas at all with school bus. So, is this going Okay, so the one thing

we're supposed to be looking for is whether or not it's going to affect anybody's sunlight or obstruction of view or whatever. So, he puts his house here. Is it going to obstruct his view or his view or his view? But it does say to the back, correct? I thought it should be anywhere really. Well, these people that bought this lot right here would know that there's a lot across the street. Mhm. They're going to be This house right here is more up here than it is. So, it's not And this is grown. This is These are timber trees, not small trees. Okay. Uh because the TVA line you can't cut. That's correct. So, it's all wildlife through there. and there's a zoomed in view if you see the imagery and the people up in that righthand corner have looked at a culac since they've been there I guess. Yeah, it's the last lot in that subdivision on the culdeac. No, sir. Um that's that's That's the last lot in the culde-sac. So, this is the top of the plan. Uh that plat right there. That is the last one um in that subdivision in Fire Lake. So, he's already out what he wants to put. Yes, ma'am. And if you like, I can show you a picture of the house that um he's looking to put there. If you go by address, I use the map number because that's what I brought it right up with. Okay. And it's a because if you're 20 feet off, we're only granting five. And then if that road is 10 foot, hey, still how many? So that's my concern is, you know, with the slope that you're saying, if the road starts eroding or anything,

are they going to have room to repair that or should they need to run any utilities down that road? Because as you're saying, you know, we're not 100% sure that the associations approved it. Would they have room for that front? That's the back. That's the back looking down on the lake. So the the corner that's on the left side of that picture, that's the corner that's about 20 ft. So we were asking for the variance to be cut down to 15 ft. So for the setback, most of that's going to be the outdoor post, not structural. I know it's going to have weight to it, but the structure of the house is even going to be back further onto that lot. Yes. Okay. Anybody want to see? You're going to have to ask if this property has uh access to public water with fireflow. Have fire hydrants and fire light. I think so. Yes. Okay. With fireflow. What color? What color tops? Red. They're going service by he's he's with the this is a subdivision guys. Okay. So our subdivision uh requirements and provisions uh prevail uh section 4-102.3 special building separation. Now this is in subdivision regulations. In all instances where fire flows are inadequate to meet the requirements of these regulations and/or no fire hydrant is located within sufficient distance to meet fire protection standards established herein the minimum separation of principal buildings shall at all points be 100 ft. So you have to know that this house can be built and in no direction is there another home a 100 feet

away unless you have fireflow. Okay. Okay. Um so the reason and the other reason we're asking too for the difference in the variance is because the original setbacks for this subdivision were 10 five and five when they most of the houses were built in that area. So, and with it being the smallest lot in the neighborhood, it would be a very small house at 50 2525. So, um it would just it it also to kind of match the aesthetics of the neighborhood being able to put that bigger footprint on the restrictions in that neighborhood for size of the house design. Um I don't believe so. I don't I don't think there's a minimum. Um you know how much that do you know how many bedrooms that is? Just asking. Um, I believe it's uh three bedrooms. Two or three bedrooms. Well, that's the thing is if anything, we're going to list it as a one and with two flex rooms from this house. So, you're not going to put a closet in. Yeah. If if necessary. So, um that's the thing. If they had they had to build a onebedroom, they're happy building a one bedroom with a couple flex rooms and an office. Um but, you know, they just they'd like to get as many as they can. sort of in here. I don't have I I will make a motion to grant this variance under the understanding that they come to Kurt Gray and prove you have adequate fire protection under the subdivision. Understandable that it's checked and that's the only way I'll do it because you got it. That's been my big pet peeve. Anyway, I know I know you have a larger line. You either have a six or an 8 inch line that comes through there because that's one way that gets their water out to us. But that's a dead end. Yeah. Oh,

I know. So, the fireflow will have to be tested by Hickerson. Let me restate my motion then. I make the motion to grant this variance under uh proof proof that I or somebody that is qualified to take that charged hydrant and show that the fireflow on it is adequate to that's questionable if it's it could be as little as 50. Okay. measuring this uh you have the ability to measure in property viewer the house that's right next to it to the south there's only without having your house on that parcel shown here it appears there's only going to be about 58 or 60 feet between them and that's questionable so it's violating the subdivision correct Unless it has fire. Unless it has fire flow. Correct. Yeah. And that's why I put it in there upon them documenting and bringing it to curb through the fire departments that there is adequate adequate fire flow. I would make a motion to do that. Is it 2525 between houses on that sideyard is 25? Right now it's 25 side, 25 side and uh 25 rear, but it's supposed to be Can you get 50 ft on the front yard? Yes, sir. Okay. Okay. We have to have questions after we make your vote, right? Yeah. So, I'm still concerned. Have a second. I have to have a second. Yeah. Motion's been made.

I'm still concerned subdivision not knowing that we're doing this. Yeah, it would have to be fire before. Well, that's what I was looking at. The house is dangerously close to that 25 even 25 to 25 here on this side too, right? You got 25 ft from the property. Well, how far is it from this side to the other prop? The depending on when the home was built that was next to it, which I didn't look up, but I can real quick if you'd like me to. Um it may have been when the first phase their setbacks were 10, five and five. So it may be closer to their side lot line than 25. So that house could be closer than 50 ft. Could be. Is this the first time anybody's mentioned fireflow to you guys? To us? Yes. So that's lay out the house here. It looks like it's probably pushing that 25 ft to the property line even on this house, much less the one beside it. So, he'll be within 50 ft. That other house is set back 10 ft. Yeah. He he won't make it. He'll be 35 ft. Mhm. If it's set back on 10 foot, if the other house that's the existing house that's why that fire flow on that hydr is very very You live in one of these adjacent houses. No, we live at the other end of Fire Lake Drive, but we are on fire. We live on Fire Lake Drive facing the lake. Okay. And but we are part of Fire Lake the road, but you're not one of these four properties. No, I do know the four properties. I'm also really That's assuming the lines on property view. Okay. Okay. I was just checking. No, no, no. Will this be within? No, but we were concerned from we made comment about see if it matches that too. We found out from it's probably 25 real life.

They're 23. So they're 10, but no 23t total. Total 10. Yeah, it's always it would match what's there. Understand that ma'am received a letter. Yes, this is we found out this lot is empty. There's nobody there. Whoever owns that letter this is the one that heard about it and that's how we that's how that's how the rest of us in the subdivision found out. Looks like she told someone over here. So everybody knows now. Everybody knows now. That's fine. This is a prime example you're talking about though. Okay. That's a prime example of what you've been talking about cuz a fire started one house right there. It's going to go right down that whole chain and spread wind. Mhm. Do you not have a Is this what Manchester City water system? Yes. Yes. And I've looked and I don't have You can't tell what size lines out there? No, I don't know what size line and I checked the flow on the hydr and it was not recorded in that. So that is a but on the app it is showing less than 500 GP but that is it has not been tested. Uh, I've seen you guys pass approval contingent upon certain things. This one would be easy to lose uh lose control of uh in my opinion. When we say contingent upon per test, they can't get electricity or a certificate of occupancy either one without the perk test. the fireflow. I mean, it's just

you really need to have it in your hands. It could get dropped through the cracks because u what what you guys decide in here may not make it back to the individuals. How about this? I resend my motion. Bring me a fire flow. Yes, sir. I think we can accommodate that. And you won't have to pay. I see it. You do not have to pay to come here the second time. Yes sir. But it needs to be from an appropriate facil. I mean not absolutely. Yes. Yeah. You know sometimes people go Yeah. If any conditional water department the the utility that provides it has to certify. Correct. That's main city water. Okay. I think we do that. Are there any other conditions you need me to get or the other information as well for that or that was the only violation for the subdivision? Correct. Yes. Because we don't have those. Okay. And by then you'll know if it'll work. Yes, sir. You know the distance of the houses that are on the lot the distance. Yeah, that's what we were just looking at there. But some of them are 20 ft apart like cuz it had originally 10 foot side. They were built back in the 80s. That's not unusual. But I think I think a lot of people's deciding this wasn't smart. Yeah. Yeah. That was the thing is it's part of the phase one where the original setbacks were five front and then five on the sides from the lot line. So squeeze more lots in. Yes. So during that time they were they were a little closer together front lots in. So, we're going to No firefl. No fireflow, but and know how close the houses are around it. Yeah. So, he's going to come back to us with more information. I can get those

measurements too for you if you like that. I would like to. Okay. Cuz it'll be 20 minutes before a truck gets to you. gone at least and probably the three houses next to it. Yeah, that's the thing is if one goes then how many could go and that's the so understand so if you would just come back to us and get with Kurt and Cindy and they will call us back. Okay. So yeah, thank you guys. No no no cost no cost. Okay, thank you. So, that's the only thing other thing we have on our anything else that we need to talk about training. Yes, Cindy sent me a text right at the beginning of the meeting. July the 18th. July the 18th. Yes. Is that okay with I more than likely will be gone. Will be gone. Yeah. My plan is to Is there any way to tape that in in that count? You have to be there in person. Okay. No. No need to do that. I understand. Anything else? And I have one other thing to ask Miss Gonzalez. Um they revamping the codes book, making updates and stuff. Could we get some uh more terms qu you know I just had some questions come up in the past get more definitions put in there like egress ingress. Yeah. Uh I can add edited. I have a fully edited copy which

I I think Dennis has already worked well the uh the professional planner that I've hired, she has both our subdivision rigs, okay, and our zoning resolution and she's already working on them. Okay. Okay. And the planning commission will be the ones that uh the definition need to be worked on. There's a lot of work to do. Yeah, there is. I mean, we're in pretty good shape. I don't think we You've never made a decision yet that was challenged and lost the planning commission or the BCA. So, I think y'all's done a good job. Yeah. But, uh, I was just want to, you know, just listen keep on. Okay. When do they think that might be because you're the only planning commission member on this board. She represents the planning commission and he does the He's a county commissioner representative. You're at large. You're associate. You're the You're supposed to have overalls on. He represents agriculture. And then Ly Duke is the he's at Everybody has a title. I rode a tractor for five hours today. Don't that count? It's what? I rode a tractor for five hours. That's why I'm sunburnt. I don't have air conditioning. I don't have air conditioning in my tractor. All right. Well, motion to adjourn. Motion to second. Second. So moved. Make sure you turn your microphones off.