5/17/2005 Zoning Minutes

MINUTES OF THE SPECIAL
MEETING OF THE
LAKESITE CITY ZONING BOARD OF APPEALS
MAY 17, 2005
May 17, 2005

Chairman Robert Mullin called the meeting to order at 8:10 p.m. Roll was called with Chairman Mullin and Members David Allis, Phil Burkett, John McPherson and Ken Wilkerson, City Manager Edwards and City Attorney McColpin present. John McPherson made a motion to accept the minutes of the June 10, 2003 meeting. Ken Wilkerson seconded the motion. All Members voted aye and motion carried.

The business to come before the Board of Appeals was a request by Bobby Keyes to change the square footage requirements for Residential building lots from 15000 square feet to 7500 square feet. Mr. Keyes proposes to develop Hensley View Estates on Hensley Road. He said because sewers are available to that area, not as much property is required for a home when field lines and a septic system are not necessary. He bought the property about two years ago and was aware it was zoned commercial. He has had no prospects for commercial development as it is an area not conducive to commercial use. Mr. Keyes said businesses want on Hixson Pike and he tried to sell his property but couldn’t. He asked what business could go in on Hensley Road. He did not see many businesses from our C1 Zoning usage list that would go there. He said he could re-zone for apartments if the square footage change is a problem.

Mr. Keyes explained that he felt the area was not growing commercially and wanted to build homes such as those adjoining the property. He thought that he could build as the county allows you to go lower (e.g. from C2 to R1) without re-zoning. Lakesite does not allow that however. He said he cannot make money if lots are left at 15000 square feet.

Chairman Mullin explained there are few, if any, lots in the city that are 7500 SF. He said the city does not have much commercial property and that was taken into consideration when the city re-zoned that area. Phil Burkett said we need commercial land. Some residential land was grandfathered on Daisy Dallas.

Mr. Keyes said he was aware of the rezoning for Neil Black’s apartments. It was explained that the area there was not suitable for much as it had wet lands and was next to schools. City Manager Edwards didn’t think Mr. Keyes property should be changed to residential zoning. Yuen Lee, Regional Planning Agency, said rezoning should come first and that there needs to be a reason for the hardship when you want to rezone or make an appeal for a variance. Chairman Mullin and Ken Wilkerson said a change of lot size cannot be done on C1 zoned property as it is meant for residential zones.

Ken Wilkerson said, based on the request of appeal, he moved to deny the request of Mr. Keyes as it doesn’t apply to current zoning. John McPherson seconded the motion. Roll call vote: all Members voted yes and the request for changes of square footage from 15000 square feet to 7500 square feet for lot size was denied.

City Attorney McColpin said Lakesite has designated the Regional Planning Agency as their municipal planning commission and the procedure is to go before them for a rezoning request and they then will make a recommendation to the City of Lakesite, who can approve or reject the recommendation.

Ken Wilkerson made a motion to adjourn the meeting. Chairman Mullin adjourned the meeting at 8:45 p.m.