Board of Zoning Appeals - Regular Meeting

public. Chris. Okay. You need to turn your uh mics on.

Yep. Is red and roll. Good evening. Where says push there. Okay. Good evening. Welcome to the uh April meeting of the board of zoning appeals. We are a body of seven people tonight. We're short a few people. We have three here and we have a new member that'll be sworn in. So, there'll be four people on the board tonight uh hearing your variance request. And so, we're going to start with the agenda. The first item is the roll call.

Chairman McGonagal, Andy Thomas here, Mendel Bell, Joe Reeves, Cynthia Lover here, Wyman Wise here. We have a quorum. Okay. Then the next item on the agenda would be an approval of the minutes. officially at this point. Okay. So, do you want me to swear him in now?

Swear him now. Okay. So, the first before we go to the reading of the minutes, we'll swear in our new board member, Mr. Jays. Hold it.

It's workingly and I will equally, fairly, and impartially, to the best of my ability and skill to the best of my ability and skill exercise the trust reposed in me exercise the trust reposed in me and I will use my best endeavors and I will use my best endeavors to preserve the peace and to carry into effect to preserve the fe peace and carry into effect according to the law the purposes for which I've been appointed according to the law and the purposes for which I have been afforded. and I will preserve, protect, and defend

And I will preserve, protect, and defend the Constitution of this state and United States. the Constitution of this state and of the United States. So help me God. So help me God. Congratulations. Welcome.

Welcome. Welcome. Miss Lover, can you call roll again for the record? Okay. Uh, can we call roll again, please? Okay. Uh, Chairman McGonagal, Andy Thomas, present. Mendel Bell, Joe Reeves, Cynthia Lever here, Lyman Weise here, Norfleet Jones here. We have a quorum. Okay. Thank you. Um, so let me ask the city attorneys the reading of the minutes since only three of us are present. There's not really a quorum to approve the minutes. Should we continue that to the next meeting? We have a quorum now.

We do, but he wasn't here. He wasn't part of the minutes. He can't he can't vote on that because he was not here to even know if they're correct. Correct. Might not want to have another one of these during spring break. I said we might not want to have another one of these during spring break. Okay. All right. So, I'm

I think we should do that. So, would anybody like to make a motion that we continue the reading of the minutes for the March meeting until the next meeting? Yes, ma'am. I'd like to make a motion that we um postpone the minutes until the um May meeting. Okay. Second. Second. All in favor? I. Motion passed. So, we will do the we will uh approve the March minutes at the May meeting. Um the next item on the agenda is communications. Do we have any communications from the city? No, ma'am. Mr. Nory, would you like to add something? Okay. Okay. I'm sorry. No communications. Mr. Caldwell?

No, ma'am. Okay. Um, anybody would like to speak to tonight on any of tonight's applications, would you please come forward and get sworn in? And anybody that has a variance request before us tonight or anybody that has an interest and plans on speaking on any of the variance applications tonight, you need to get sworn in. So, um, if you go forward, Mr. Nor will swear you in, I guess, or the clerk will swear you in. The clerk.

Okay. So, if you are planning on speaking, uh, please rise and raise your right hand. Do you solemnly state under penalty of perjury that the evidence you shall give in this matter shall be the truth, the whole truth, and nothing but the truth? You may have a seat.

Now, let me explain to everybody. We're normally a board of seven people, and you have to have a majority of the quorum to get your variance request passed. Tonight, we are short people because it's spring break and everybody went out of town, so we only have four people here. We have a quorum. Um, and in order to get your variance approved, you have to get three people to vote in your favor. If two a two- two vote will be a tie, that means your variance does not get approved. When this happens in the past, we regularly give people the opportunity if they wish to postpone their variance request to the next meeting when you would have more people here. So, I'm giving you that option. Do you want to have your um variance request heard tonight or would you prefer to wait until we had a full board or more people on the board present?

Okay, that's fine. And you are you're item number two. Let's look. Let's go to item number one. Um Mr. Reynolds, are you ready to go forward? Are you Mr. Reynolds? Are you here on item number two? So, if there's people waiting to hear those last the last four. Okay. The city's asked me to let you all know that the last four items on the agenda, all relating to the Compass Resort, um those have all there's been a request that they all be continued. And so I need a motion on items three, four, five, and six. Do I have a motion to continue items three, four, five, and six? So moved. Is there a second? Second. Okay. And all in favor? I

I All opposed. Okay. So, items three, four, and five, and six related to the Compass Resort have now been continued, and they'll be heard on the next regularly scheduled meeting, which should be in May. Yes, there is an email. Sure. Um, I have an email here from Cameron Parker of Development Resource Group saying, "Please accept this email as our request to postpone our four BZA applications for the Compass Resort until the next meeting." It was dated April 9th, 2026.

Dated April 9th, 2026. So, that was today. I don't know.

Okay. So, I read the email into the record. We've all taken a we've taken a vote on whether to grant the request um to postpone and there's been four in favor. So the four items are postponed to the postponed to the next regular regularly scheduled meeting. Okay. I apologize for the confusion you all. I am not the regular um chairman of the board here. So I'm um a little out of order on this. So therefore we're only going to have two items on the agenda tonight agenda tonight. Items one and two. The first one is BZA26-09, an application by Jonathan Reynolds for a variance of the required building setbacks at 1205 Parin Drive, tax map number 35712040061 in the resort residential R4 district. Is anybody here on behalf of Mr. Reynolds and this variance request?

Mr. Earlier today and he knew about the meeting. Okay. As a board, would you all would anybody like to make a motion whether to continue this or whether to strike it? I think traditionally we've always postponed it. Give them another chance. Give them another chance to show if they want. Yeah. Okay. So, does somebody want to make a a motion to that effect? I will make a motion we have postponed BZA 2609 until the May meeting. Okay. Is there a second? Second. All in favor? I.

All opposed. All right. All right, the eyes have it. Item number one on the agenda, BZA26-09, is now postponed or continued until the May meeting. That means the next item on the agenda is item number two, BZA26-10, which is an application by Ashley Honeyut for a variance to have a swimming pool placed in the at 301 Oak Drive, which is zone single family, lowdensity residential R1. Is anyone here on that request? Okay. And would you please state your name and address for the record? Uh Brian Honeyut, 301 Oak Drive South.

Okay. Um can you tell us something about your zoning request and what you're asking? Um what kind of relief you're asking for?

Yes. My name is Brian Honeyut and I'm requesting variance for pool placement on my property from the rear of the property. Um as deemed by my meeting with Ben Codwell. Um I feel like my property is unique in itself having three streets. uh the rear of the property where they've asked for the pool to be placed uh per the current ordinance. I have a 52 inch elevation drop from the edge of the street to the back of the property which makes it kind of impractical and I've got to install a very expensive retaining wall to be able to install that pool in the rear of the property. And so I'm asking for you to consider to let me put it on the side of the property which is parallel with Oak Drive I'm sorry Third Avenue which is inside the sixoot privacy fence which I think be more peaceable to the community. It is hidden from community and provides more safety for my kids.

Okay. Does anyone have questions for the applicant? I I you have a what a sixoot fence coming down part of it? Yes, sir. Absolutely. You're going to continue that all the way to the end. So, the sixoot fence currently runs parallel on Third Avenue to the rear of my home and from that point is a 4ft picket fence around Oak Lake. And you're going to leave the fencing that way or you going to carry the sixoot fence all the way down to the end? I had currently planned to leave the fencing the way it is currently.

Okay. So, is your is your zoning request what is your hardship? Is your zoning request based on the fact that you have a Well, basically I guess so I'm on I'm on three streets. So, I'm kind of different from other property owners where I'm considering basically having three front yards. So the rear yard is is dictated as Oaklake Circle because my driveway is off of Oak Drive. So Oak Lake Circle has been dictated as my rear yard. Okay. But I have a 4 and 1/2t drop from the edge of the street down into the yard. The topography and the topography. Yes. So I'd have to have, you know, a fairly large retaining wall to keep the runoff from Oak Lake Circle to be able to

put a fence in that area. And I have no access from my home except from front of the house to the lower yard. you know approximately how many square feet your yard is? Uh I do not know the square footage. Sir,

if we were to grant that variance, would you would the pool meet all of the setback requirements? Um so I believe where it is currently is right now it's drawn as 4 foot off the fence line and I believe it was less than 50% from the front yard is what I discussed with Ben. So, I'm encroaching on the front yard being considered Oak Drive, but we're currently proposing 4 foot off the fence. Uh, the most recent rendition that we have is we're approximately 9 foot off the inside of the fence now, which pushed the pool more towards the rear of the yard. Okay. I may have some more questions for you after I hear from the city. You're fine.

Does anybody else have a question for the applicant? Is there any way we could put it up on the screen real quick or just I just wanted to kind of get an idea exactly where you want to put this on the

but you're correct. There are three sides just right here.

And you can show Can you show me with your finger? Are you wanting to put it on that side there where the uh I guess right here the brown circle? Yes sir. Basically right now it'll be foot off the fence drive right here. Mhm.

And the pool would actually stop right here on the side. Right here in this rear section is drop down. So that's part also my Any questions for the applicant? Like to hear from the city, please.

Petitioner Ashley Honeyut has submitted an application for a variance to install a swimming pool in the sideyard not more than 50% behind the front of the house within the single family lowdensity residential R1 district at 301 Oak Drive South. Section 23107 only permits swimming pools to be placed behind the majority of the house. The applicant is asking for a variance to have the pool placed closer to the front of the lot than allowed by ordinance. Staff recommends that the board review the variance application, attached photos and drawings, hear the evidence presented at the meeting, and review section 23107.

Okay. So, Mr. Caldwell, my question is he's surrounded by three streets. Are all three of those streets all three of those yards budding on those streets. Are those all considered front yards? Uh by ordinance? No. Um when you have non-intersecting streets and a corner, it's a rear, a front, and and two sides for setback purposes. So Oak Lake Drive and Oak Street, those are non-insecting streets. Correct. Correct. So he has two front yards there or not? He has a front yard, a rear yard, and two sideyards. the rear yard being along Oak uh Lake Circle.

How come that's not considered a If it wasn't a corner lot, it would need two front yards. Okay, that's what I'm trying I'm trying to picture the the mobile home areas up there in Cherry Grove that have the two. So, they have two front yards because they don't have a third side on a street. Right. Correct. And you asked about setbacks. Um there isn't a required setback from the front because it's supposed to behind 50% of the house. Okay. Um and on the side they're showing meeting the five foot setback to the edge of the water. Okay.

I put a picture of the rendition down there on the screen. If he were to move it where it's proposed, you're saying it's not, you keep saying something about it's not in the majority of the front yard or the if he were to move it further back, would it meet that requirement? It's possible, but he might get closer to the um setback lines on the sides if he does that. And he was explaining about the drop in the contours of the property. I think that would make it difficult as well. So, is the drop only in the rear Oak Lake Circle area or is the drop on the Yeah, the significant drop is only in Oak Lake Circle in the back. Yes, ma'am.

And so, why don't you want to move it further back um towards Oaklake Circle? Because the runoff from the water and also I would have to build a retaining wall to be able to get that leveled out for the pool placement. Okay. So, I'm looking probably 25 to $35,000 in a retaining wall across that whole rear area if I was going to do that. Okay. And as as the property goes back this way, the fence narrows as well, which limits my space there as well. The fence is the fence your property line. Uh, that fence is actually about 5 foot off the property line.

So, if you move the fence, you could still move it back. The fence wouldn't be an issue. I mean, the fence could be moved closer to the street. Correct. In all reality, yes, it could be. Yeah. Okay. So, the majority of your hardship that you're It just blocks off the corner of the yard from getting because the way the pool's designed is we still have the rear yard to access and use of our pets away from the pool area. Okay.

Any discussion? sounds like it being the slope in the backyard is a big big obstacle to overcome. He's zoned R1 and according to the um county website um his lots 8712 square feet which is way smaller than an R1 lot is yeah it wouldn't conform today

that shows the topography difference right there from the Oaklake Circle the 51 and a half inches You're about 13% smaller than what a normal R1 lot today would be required to have. I'm sorry, I can hear you. You're about 13% smaller than what a normal R1 lot would be required to have today. Really can't use 100% of what he's got. Is anybody prepared to make a motion?

Um, I'll make a motion. Um, I move that the board grant variance BZA2610 because the applicant has demonstrated an unnecessary hardship. Specifically, there are extraordinary exceptional circumstances and conditions pertaining to this particular piece of property. The conditions such as the irregular shape, but it's not a really as much irregular shape or the three streets, which is the size of the lot and the topography is what I'm going to say. Um, these conditions do not generally apply to other properties in the vicinity. Because of these conditions, the application of the ordinance into the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. The authorization of the variance would not be substantial detriment to adjacent properties or to the public good and the character of the district would not be harmed by granting this variance.

Okay. Is there a second? Okay. All in favor? I I All opposed. Okay. The eyes have it. Your variance request is granted. Thank you for your time tonight. Thank you. So, as the remaining items on the agenda have been continued, that will conclude our uh meeting tonight. Oh, you're welcome. Is there any other business? I don't know. Is there any other business? No, ma'am. Okay. There's so many people here. I'm just trying. Okay. Um All right. Then do I have a motion to end the meeting? Uh so moved. Second. All in favor? I

I. All opposed. Okay, that concludes the meeting. Boy, that was confusing. Thank you, sir. Looking forward to it.