Zoning Board of Appeals, May 18, 2010

Zoning Board of Appeals
May 18, 2010

The Board of Appeals met on Tuesday, May 18, 2010 in the Council Chambers at Easley City Hall. The following members were present: Chairman; Jim Stuckey, Ken Rackley, LaTeresa Gilstrap, Roy McCall, Kim Welborn, and Tommy Holcombe; Building Official Carey Beard was absent from the meeting.

The following item were presented to the board:

Variance Request

Mr. James H. Payne, 308 Southway Street, Easley, South Carolina made application for a variance of 352 square feet on a 32 x 36 =1152 sq ft detached garage. Mr. Payne, home owner spoke to the board members is requesting a personal detached garage he wants to build on his property and the total square footage is the need to house old antique cars and lawn equipment. Mr. Payne also stated he does not want to remove the fish pond that is there. The square footage of 800 square feet and the height of 19 feet is the maximum allowed by the City of Easley. Tommy Holcombe, Building Official stated that a couple questions have come up on this matter and the first one is the setback from the road which the City of Easley takes responsibility for that the “old” code which did not have a maximum sq ft for buildings which stated at 600 sq ft you build 10 feet from the property line so when we changed the code to go to 800 square feet the setback was suppose to be changed and was not so we will be making that change in the new zoning book.

The second matter is the estimate also for the 10 foot variance based on a conversation Mr. Holcombe had with Mr. Payne based on the building being 800 sq ft and that was a mis-communication of the building being 800 square feet because that is the City of Easley’s maximum, and some of the neighbors thinking that the City of Easley has told a story about this garage and what type it was going to be because they were under the impression that it was going to be brick and Mr. Payne told myself and the building inspector that the garage was going to be a brick color. That was a mis-understanding that it was going to be brick, but it is going to be a metal building with a brick color. Mr. Holcombe told some of the neighbors that it was going to be a brick garage and he said he mis-understood Mr. Payne. The variance is still granted at 10 ft because that is what we told him when he came in the office to discuss the garage based on the 800 square feet. Tommy verified that the setbacks are 10ft on the side and 10 ft on the back of the property lines. Mr. Payne said he has already graded the land to a 10 x 10 set back and has spent a lot of money on dirt and getting this ready to build. Mr. Payne said he was never told the size of the building and he said it was his fault to for never asking. This building is an expensive building and is not going to look like junk. He said the building was going to be $20,000.00. Mr. Payne stated there is nowhere in the code on the construction type of the building.

Mr. Payne spoke to say it is going to be a wooden structure covered with metal and it will not be brick red, Mr. Payne said he talked with a neighbor Parker League and it might look better with a white building and a dark roof and he passed around pictures to show the board and the people at the meeting what it would like with this change. Kim Welborn, board member asked the height of the building and Mr. Payne said under 19 ft., he estimated 16 ft. Tommy said the maximum height is 19 feet.

The neighbors wanted to speak:

Mr. John Cleveland-lives on Grigsby Avenue he wants to object to the 10 ft variance. He said the area is zoned R-10 and this house/garage is on a corner lot and he feels it should be 30 ft from the road of Grigsby Avenue. He would like to suggest it is lined up even with the house. The building is just unsightly for this neighborhood.

Mr. Parker League-(859-6225) lives at 102 Grigsby Avenue and wants to know from Tommy how many buildings can be on a lot. Mr. Payne has two other building on his lot.
Tommy said on a Garage it is one and we are getting with the City attorney on the definition of out buildings. Tommy also stated that when he talked with Mr. Payne he was tearing a building down and was under the impression that was the only building on his property and the one in question he is looking into. Mr. League also stated he is concerned about the location of the building being built.

Mr Fierson-lives at 305 Southway Street stated that South way is a city street and Grigsby is a state road what are the rules for this road. Tommy said an encroachment would have to be given if it is coming off a state road for a driveway. He also brought up a past neighbor on this street that built a building that changed the way the ordinance was written on a building that was not built to the standards of the city.

Mr. Ken Rackley, board member made a statement that we have a size issue with the building and the location of the building. Ms. Kim Welborn, board member stated that Mr. Payne is requesting a size of a 3rd larger than what is allowed. A considerably larger building then what is allowed in the City of Easley. Ms. Welborn is really concerned about in this neighborhood and the 352 square footage. That is a lot of square footage than what’s allowed and for storage. Ms. Welborn asked if the 352 square feet accounted for that 20 extra feet of setback. Tommy said he will make a big difference. Mr. Payne told the board member he is storing old cars in the building and two wooded boats and he wanted to be able to just drive in his lawnmower in the garage. Tommy made a statement that just because he made a mistake in telling Mr. Payne that he could build this garage based on the information he read and received, it is the Zoning and Variance Board’s final decision on the variance request. Tommy made a suggestion to try and take some time to re evaluate the garage and how it will be located on the property to try and compromise the size and location to satisfy the neighbors. Once the board makes a decision it is final.

After a lengthy discussion, on the variance request of a setback on the property line and square footage of the building. Tommy suggested to the board that the setback needs to be approved before the square footage of the building.

Mr. Payne wanted to make one last statement he said let him have the 800 square feet, he will face it toward Southway Street, lower the grade keep the building low and put shrubbery along side of the building and brick wall, and he still needs the 10 feet setback otherwise he won’t be able to drive in through the garage doors because of the pond in the yard.

Kim Welborn made first motion based on what Mr. Payne stated; she wants to rule on the square footage first. Kim’s motion is this building on this property is confined to 800 square feet which is the city code. Ken Rackley made a second motion, it was decided that the building is 800 square feet. 3, 4, 2 abstained. The variance requested of 352 square feet was not allowed.

Ken Rackley made 1st motion to allow the 10 foot setback requested from the property line and the property line will be determined by the City of Easley. Roy McCall made second motion, 3, 4, and 2 against. The setback variance requested was allowed.

Mr. Roy McCall made a statement to encourage the residents of Easley to attend more Zoning Board of Appeal meetings because the decisions made affect them.

There being no further business, the meeting was adjourned.

______________________
Tommy Holcombe
Building Official
City of Easley

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