[0:05] All right, go ahead and give us I should have it in my heart, shouldn't I?

[0:09] [gasps] Uh, I'm going to go ahead and state our

[0:12] statement of powers. Uh, the Augusta Board of Zoning Appeals hears and makes

[0:16] decisions on applications for variances in accordance with the powers granted

[0:20] under section 1-4-88 of the Augusta, Georgia Code. The

[0:25] applicant must provide any scale drawings or plot plans, including all

[0:29] dimensions, pictures, and other supporting information at this meeting.

[0:33] Only information presented at this meeting may be used in any future

[0:37] hearings regarding this petition. Any person affected by the board's decision

[0:42] may file an appeal with the Superior Court of Richmond County, Georgia,

[0:45] within 30 days of the decision of this board. The meeting will be conducted in

[0:50] accordance with the board's bylaws and the rules of procedure and the latest

[0:53] edition of Robert's rules of order unless otherwise directed by the

[0:57] majority of the board in session at the time. A minimum of 10 minutes shall be

[1:01] afforded for the presentation of data, evidence, and opinions on each side of

[1:06] the petition. If more than 10 minutes is afforded to one side, then an equal

[1:09] amount of time shall be afforded to the other side. The board encourages

[1:14] participation in this hearing and there is no restriction on who may address the

[1:18] board within the allotted time. But the board does ask that the public comments

[1:22] be brief on subject and directed to the board, not to any individual or group.

[1:29] All right.

[1:33] So we will move right into BZA 2618. If staff will go ahead and report.

[1:49] All right. Good afternoon. [clears throat and cough]

[1:52] Excuse me. Sorry about that, Mr. Chair. Uh members of the comm uh the board and

[1:56] ladies and gentlemen. Um Todd Kennedy with planning and development staff here

[2:00] to present this case. I'll be presenting this case and the next two cases on your

[2:04] agenda. The first case, BCA26-18. It's a petition by u uh by Expedite the

[2:12] Deal LLC on behalf of B uh BVC Colony Plaza LLC requesting a variance from

[2:19] section 28-B-9A, the comprehensive zoning ordinance to

[2:24] increase maximum square footage permitted for signage from 200 ft to 397

[2:29] square ft on a property located at 2121 Windsor Spring Road. Parcel number

[2:35] 121-2-188

[2:38] uh- 00-0. Property is in the zoning district of

[2:42] B2, General Business, District 5, uh under uh Commissioner Don Clark. I'm

[2:47] going to go ahead and dive right on in. Uh we're doing something a little

[2:50] different than PowerPoint this time. I'm just pulling up the staff report memos

[2:54] one by one and we'll just go through the information.

[2:59] Okay, I'm going to go ahead and begin with the background and then we'll move

[3:02] into the findings. I'll move through it as quickly as I can. Okay, back around

[3:06] the case. This petition requests variance to increase the maximum allow

[3:09] allowable sign area from uh for the commercial property located at 2121

[3:15] Windsor Spring Road identified as the parcel as previously stated. The

[3:20] property is zone B2 general business with stipulations and is uh developed um

[3:25] as an existing multi-tenant commercial shopping center. Uh the uh the applicant

[3:29] requests relief from the section 28-B uh 9A of the uh of the um comprehensive

[3:36] zoning ordinance to increase the maximum permitted sign area from 200 ft to 397

[3:42] ft. Uh the proposed variance would allow an installation of a larger sign intend

[3:47] to approve a visibility and identification of the business within

[3:51] the shopping center known as Colony Plaza. Mr. chair, members of the comm um

[3:56] the board. We have a total let me just go pass right by here. We have a total

[4:01] of eight findings. Uh there um you want me to go um what I was going to do is

[4:05] just I'll let let you know they're in the in your packet rather than you know

[4:08] read them um you know perbatim. So what I'll do is I'll go ahead and move

[4:13] forward. Um there's a total of four criteria uh here. As you can see that's

[4:18] another area. uh all the criteria has been answered. It looks um I'll just

[4:23] move forward real quickly very briefly on this.

[4:28] Uh the um the the granting of a variance um is subject to a finding by the board

[4:33] of appeals. Uh the petition meets all four criteria uh for unnecessary

[4:37] hardship and it's one through four. And each one of these criteria uh that's

[4:42] indicated in your packets. Uh the answer is yes to pretty much all of them. Uh

[4:46] let me just go through and I'll just double check. So, um, uh, that, um, so

[4:51] anyway, just leads us right back to our, uh, down to the recommendation. Uh, I'm

[4:55] going to go ahead and conclude my presentation. Mr. Chair, u myself, um,

[4:59] and our staff and the applicants role here to answer any questions you might

[5:02] have today. >> Thank you very much, Mr. Kennedy. Is the

[5:05] applicant uh, or a representative from Expedite the Deal present today?

[5:10] Awesome. Uh, if you wouldn't mind, uh, we just have you over at this podium

[5:13] over here. Uh, and if you would just provide your name, your zip code, and

[5:18] that you have authority to speak on behalf of the application.

[5:22] » Yes. My name is Pete Hatcher, and my address is 6487 Hillyard Drive, Canal

[5:27] Winchester, Ohio, 43110. And I do have authorization to speak on

[5:32] the case. >> Thank you very much. Uh, you have a

[5:34] minimum of 10 minutes if you'd like to add anything.

[5:37] » Um, actually there's nothing I'd like to add. Uh, I'll just say that I uh concur

[5:41] with staff the staff reports recommendation for approval and I'll

[5:44] answer any questions you might have for me.

[5:45] » Thank you very much. If you wouldn't mind just hanging out there for a

[5:47] moment. Is there anyone in opposition of the application today?

[5:51] Seeing none, I'll ask staff did we receive any?

[5:56] » We have not. >> Excellent. Thank you very much. U I'll

[5:59] go ahead and ask staff to provide the uh staff's recommendation.

[6:06] » All right. Uh planning and development staff recommends approval of the

[6:09] variance request to increase the maximum allowable building mounted sign area

[6:15] from 200 square ft to 3u 97.35 square ft subject to the following

[6:22] conditions and we have a total of five conditions.

[6:26] Condition number one is approval shall apply only to the building mounted sign

[6:32] as shown on the plan submitted with the variance application.

[6:37] Number two, the proposed sign shall comply with all applicable all other

[6:42] applicable provisions of section 28B signs of the Augusta comprehensive

[6:48] zoning ordinance including permitting, structural uh design uh illumination,

[6:54] maintenance, and other and uh placement requirements. Number three,

[7:00] the applicant shall attain all required sign permits and any other applicable

[7:05] approvals uh with the planning and development department prior to

[7:09] installation. Number four, approval of this variance shall not wave uh

[7:14] compliance of any other applicable federal, state or local uh regulations.

[7:20] And finally, number five, uh any future development or land disturbing uh

[7:26] activity uh on the property shall comply with the applicable provisions of the

[7:30] Augusta tree ordinance, including the tree protection and tree establishment

[7:34] plan requirements and minimum tree company

[7:39] standards where applicable. And that concludes staff's recommendation.

[7:42] » Thank you very much, Kevin. And sir, I saw a lot of nodding. Are you agreeable

[7:45] to those terms? Should we move forward with approval?

[7:48] » Yes. >> Thank you very much. I'll turn it over

[7:49] to this board if there's any questions. Miss Williams.

[7:52] » I make a motion to approve with staff's recommendations.

[7:56] » Second. >> All right. We have a motion by Miss

[7:58] Williams and a second by uh Mr. Trullock. All in favor of approval of

[8:04] this with staff's recommendation by show of hands, please.

[8:09] I see everyone. That's a unanimous vote. Thank you very much, sir. You'll have

[8:13] your letter in the mail. >> Thank you.

[8:15] » Yes, Mr. Dalton. >> May I ask a question? May I ask a

[8:18] question to the staff? >> Yes, sir.

[8:20] » Um, under criteria for granting variance item number three talks about hardship

[8:26] results, there's a reference to internal circulation network. Could someone tell

[8:31] me what that is?

[8:35] Uh so given the overall plaza and you may be familiar with this location here

[8:41] off of uh Peach Orchard um in Windsor Spring, how the it's a pretty expansive

[8:47] uh surface parking area and it it has an internal network of uh drives and you

[8:53] know >> it's the layout of the parking lot.

[8:56] » Say that again. >> It's the layout of the parking lot.

[8:59] Yeah. Okay. Fine. Thanks. >> The complexity and the scale of that.

[9:02] Yes, sir. Thank you, Dr. Brandon. Thank you, Kevin. We'll move on to the next

[9:06] item on the agenda, noting that 2619 has been postponed until September. We'll

[9:12] pick up 26-20.

[9:16] » Give me just a second here, Mr. Chair. >> That's perfectly fine.

[9:19] » Okay. Actually, I think I just skipped right by it. I apologize.

[9:39] » [snorts] >> Oh, yeah.

[9:41] » Great. Okay.

[9:45] Make sure I'm in the right spot. Ah, here I am. Instead of the entire packet,

[9:49] it's just the staff report memos. So, I apologize for that, Mr. Chair. Okay.

[9:53] Next case before you is uh BZA-26-20. It's a petition by Augusta/CSRA,

[10:01] Habitat for Humanities, requesting variances from sections 11-1A,

[10:07] 88A, and 111B of the comprehensive zoning ordinance to reduce the minimum

[10:13] lot area from 6,000 square ft to uh 5,000 uh 5,372

[10:21] uh square ft and to reduce uh the required front setback from 30 ft to 10

[10:26] ft to constru Construct a new home on property located at um 1851 Wilhelm

[10:31] Lane. Uh tax parcel number 035-2562-00-0.

[10:38] The property is in zoning district R1C one family residential district 1 under

[10:43] Commissioner Jordan Johnson. Okay, moving into the background of the case

[10:47] here. Have it pulled up right here. Yep. 2620. subject site is an established

[10:53] residential um neighborhood um along Wilhelm Lane in the National Register

[10:59] historic Harrisburg neighborhood. The parcel is approximately 5,372

[11:05] square ft and does not meet the zoning district's um minimum lot area

[11:10] requirement. The parcel is a is a separate lot measured approximately 78

[11:14] ft w um uh 78 ft in width and 676 ft in depth. And um it is a vacant lot uh

[11:22] vacant lot and is served by public water and sanitary sewer. The site level uh wi

[11:28] with no significant changes in elevation or unusual topographic features that

[11:33] would substantially restrict u uh development. Surface drainage appears to

[11:38] follow the natural grade toward uh the adjacent uh public rideway and is uh in

[11:43] existing storm water infrastructure. Staff observed no pronounced slopes,

[11:48] ravines, or other physical land forms uh that would constitute an extraordinary

[11:53] topographic hardship affecting the property. Uh the surrounding area

[11:57] consists of primarily single family residential development. [clears throat]

[12:01] Adjacent zoning and land uses uh are uh zoned R1C uh with single family and

[12:07] multifamily uses. The R1C one family residential district

[12:12] is intended to accommodate moderately dense single family residential

[12:16] development while preserving neighborhood stability and residential

[12:20] character. The district uh generally requires a minimum lot area of 6,000

[12:25] square ft and a minimum lot of lot width of 78 ft. Now, moving ahead with our

[12:30] findings, just like before, go and pull them up. There's a total of

[12:35] six findings. They're all indicated in the staff report as you can see. and

[12:39] I'll just have them pulled up and there is a total of four criteria as stated

[12:44] before pretty much the answer is yes to all the criteria um with the with the uh

[12:50] the um you know with some information as you can see in number four. So with all

[12:55] that information that concludes my presentation Mr. Chair um myself staff

[12:59] and the applicant role here to try to answer any questions you might have.

[13:02] » Thank you very much Mr. Kennedy. Is the applicant present today?

[13:07] Excellent. if you wouldn't mind just addressing the podium again, just name,

[13:10] zip code, and that you have the authority to speak on behalf of the

[13:13] application.

[13:16] » Good afternoon, board members. Uh my name is Gary Arnett. Uh address will be

[13:21] 1301 Green Street, Augusta, Georgia, and I do have the authority to speak behind

[13:26] the CSR Habitat of Augusta. >> Thank you very much, Mr. Arnett. You

[13:30] have a minimum of 10 minutes that you'd like to add anything to this

[13:33] application. I know we've got quite a few of them to go through for you. So

[13:36] » it'll basically be the same presence of me putting down uh the same information

[13:41] throughout each one of them. Um so I will state that our mission is to bring

[13:45] together to build homes, communities and hope providing families with safe,

[13:49] decent and affordable housing. Um today we are requesting variances for five

[13:53] items actually to allow for the construction of five single family homes

[13:57] on the existing lots. The properties face unique challenges including

[14:01] irregular shape limit limited dimensions and hinder conventional development.

[14:06] Strict enforcement of the zoning ordinance would impose unnecessary

[14:09] hardship and limit the practical use of the property. We believe that granting

[14:13] these variances would not only serve the public good but also support the

[14:16] community's development goals. I trust that the board will make a fair and

[14:20] great decision. Thank you. >> Thank you, Mr. Arnett. Is there anyone

[14:23] present today in opposition of this application?

[14:27] Seeing none, I'll turn to staff and just double check that we did not receive any

[14:30] emails. >> No opposition.

[14:32] » Excellent. Can we go ahead and get staff's recommendation on this item?

[14:36] » All right. So, planning and development staff recommends approval of this

[14:39] variance request with the following conditions. Uh number one, uh

[14:44] development shall substantially conform uh to the site plan submitted with this

[14:49] variance application. Number two, approval of variances shall apply only

[14:53] to the requested reduction in the minimum front yard setback and minimum

[14:58] lot area. All other applicable development standards of the Augusta

[15:02] comprehensive zoning ordinance shall remain in effect. Number three,

[15:08] uh prior to issuance of any uh building permits, the uh applicant shall obtain

[15:14] all applicable approvals from the planning and development uh engineering,

[15:18] utilities, building inspection and any other reviewing agencies. Uh number

[15:23] four, development of the property shall conf uh comply with the requirements of

[15:29] the August tree ordinance, including submission of a tree protection, tree

[15:33] establishment plan, and satisfaction of um applicable tree canopy requirements.

[15:39] And number five, approval of this variant shall not wave uh compliance

[15:43] with any applicable federal, state, uh local regulations. That concludes

[15:48] staff's recommendation. >> Thank you very much, Kevin. Mr. Arnette,

[15:51] uh, if we were to move forward with this approval, would you be approval to those

[15:54] five conditions? >> Yes, sir.

[15:55] » Thank you very much. I'll turn it over to this board for any questions. Yes,

[15:59] Mr. Chippers. >> Uh, Mr. Chairman, if there are no other

[16:03] further discussion and if, like the applicant says, he accept the condition

[16:08] that the staff laid out. I motion approval.

[16:11] » Have a motion on the floor for Miss Chair. Can I

[16:14] » with conditions? >> With conditions.

[16:16] » Second. >> All right. We have a motion on the floor

[16:19] to approve with conditions stated by staff by Miss Chivers, seconded by Mr.

[16:23] Trulock. And I see a show of hands. All in favor for this approval.

[16:28] All right, that's unanimous. Thank you very much. We'll have your letter for

[16:31] that one. Mr. Kenny, you want to go ahead and take us to the next one?

[16:34] Number 21. >> Yes, sir.

[16:38] » Okay. All right. All right. The next item before you is um a petition once

[16:42] again by the Augusta CSR, Habitat for Humanity, requesting variances from

[16:46] section 11-1A 11-1B 88A of the comprehensive zoning

[16:52] ordinance to reduce the um reduce the required minimum lot area from 6,000 ft

[16:58] to 5,236 ft and to reduce the the required front

[17:03] setback on Walker Street from 30 ft to 25 ft and the required front setback

[17:08] from 30 ft to 10 ft on Eve Street to construct a new residence located at

[17:12] 1858 Walker Street, better known as tax parcel uh parcel map uh 035-2-560-2

[17:21] 00- properties in the R1C uh zoning district

[17:25] one family residential district 1 under Commissioner Jordan Johnson. Moving

[17:30] ahead with our background. There we go. All right, background is as

[17:36] follows. Subject property is a rectangular uh lot uh with a uh with

[17:40] frontage along two local roads. It's a dual uh dual road frontage provides

[17:45] access and visibility from both streets and uh subjects um and subjects of the

[17:50] property to additional setback requirements that affect the available

[17:53] buildable area. Uh the parcel is approximately um is approximately 5,236

[17:59] ft and does not meet zoning district's minimum lot area requirement. The

[18:04] subject site is an established residential neighborhood along Walker

[18:07] Street in National Registered Historic um Harrisburg neighborhood. The parcel

[18:12] is approximately 44 ft in width and 118 ft.33 ft in depth. The subject site is

[18:20] vacant lot and is served by public water and sanitary sewer. The site appears at

[18:26] level with no significant changes in elevation or unusual topographic

[18:30] features that would substantially restrict uh development. The surface

[18:35] drainage seems to follow the natural grade toward the adjacent public rideway

[18:40] and existing storm water infrastructure. Staff observed no profound slopes,

[18:44] ravines, or other physical land forms that would constitute extraordinary

[18:49] topographic hardship affecting the property. The subject area consists of

[18:53] primarily of single family residential uh development adjacent zoning and land

[18:59] uses are R1C with uh with single family and multifamily uses. The R1C or one

[19:04] family residential district is intended to accommodate moderately dense single

[19:09] family residential development while preserving neighborhood stability and

[19:13] residential character. The district generally requires a minimum lot area of

[19:17] 6,000 square ft and a minimum lot width of 44 um u 44 ft. The findings uh once

[19:25] again are six findings uh for the for this variance as you can see here in the

[19:30] in the staff report packet and then criteria is a total of four criteria and

[19:36] it's just the same as before of the last case pretty much yes to all of them and

[19:40] some information in um criteria number four. That concludes my presentation,

[19:44] Mr. Chair, members of the board, myself, staff, and the applicant. We're here to

[19:47] answer any questions. >> Thank you very much, Mr. Kennedy, Mr.

[19:50] Arnette. I imagine you don't have much else to add on this one.

[19:54] » No, sir. It's being pretty much the same. We're just asking for the the

[19:58] zoning to be pressed into so that we could have that hardship.

[20:00] » Thank you very much. Is there any opposition for this application?

[20:03] » Seeing none and hearing none from email, let's go ahead and get staff's

[20:07] recommendation, please. >> All right. And it's the same as the

[20:09] previous um the planning and development staff recommends approval of this

[20:14] variance uh request with the following conditions. Number one, development

[20:18] shall substantially conform to the site plan submitted with the variance

[20:22] application. Number two, approval of the varianes shall apply only to the

[20:28] requested reduction front setback and minimum lot area. All other applicable

[20:33] development standards of the Augusta comprehensive ordinance zoning ordinance

[20:37] shall remain in effect. Uh number three, prior to issuance of any building

[20:43] permits, the applicant shall obtain all applicable approvals from the planning

[20:47] and development, engineering, utilities, building inspection, and other reviewing

[20:52] agencies. Number four, development of the property shall uh comply with all

[20:58] I'm sorry, comply with uh requirements of the Augusta tree ordinance, including

[21:02] submission of a tree protection, tree establishment plan, and satisfaction of

[21:07] applicable tree canopy requirements. And finally, number five, approval of this

[21:12] variance shall not wave compliance with any applicable federal, state, or local

[21:17] regulations. And that is staff's recommendation.

[21:20] » Thank you very much, Kevin. Mr. Arnett, I imagine you are again in agreeance

[21:23] with those. Should we move forward? >> Yes, I am, sir.

[21:25] » Thank you very much. I'll turn it to this board for any questions.

[21:28] » Mr. Truck, >> I'll make a motion to approve subject to

[21:31] conditions. >> Second.

[21:32] » All right. We have a motion and a second to approve subject to the staff's

[21:36] conditions for the recommended approval. All in favor by show of hands.

[21:40] Any in opposition? None. You'll have your letter in the mail for that one as

[21:44] well. We can go ahead and hop over now to 21.

[21:50] Nope. Sorry. >> 22

[21:53] » 22.

[21:58] » All right. So BZA 2622

[22:02] a petition by uh Augusta CSR Habitat uh for is requesting a uh variances from

[22:10] sections uh 11-1A 8-8A

[22:15] um and 11-1B of the comprehensive zoning ordinance to

[22:19] reduce the minimum lot area from 6,000 ft to 3360 ft and to reduce the front

[22:26] setback on Tailair Street from 30 ft to 10 ft to construct a new home on

[22:32] property located at 1847 uh Telair Street. And this is uh zone

[22:39] R1C and District 1, Commissioner uh Jordan Johnson.

[22:50] So, uh the request is for two variances. The very first is a reduction of front

[22:55] uh setback off of Telair Street from the required uh 30 ft to 10 ft. And that

[23:02] relates to sections uh 11-1A and 8-8 of the comprehensive zoning

[23:08] ordinance. And then secondly, uh a variance on the permitted use um from

[23:15] 6,000 ft of what standard um to 3360 ft. And that is referenced in section

[23:22] 11-1B of the zoning ordinance. A little

[23:26] background, this request, this petition uh request variances for a vacant lot

[23:32] located at 1847 uh Telare Street. The applicant seeks relief from the minimum

[23:38] front setback requirement along Telair Street and the minimum lot area

[23:42] requirement of the R1C one family residential zoning district. And this is

[23:47] to facilitate construction of a new single family residence on the property.

[23:52] The sub property consists of approximately 0.06 06 acres or 3360

[23:59] square ft and is identified as tax parcel 035-2-

[24:05] uh 481-00-0. The parcel is located at an intersection

[24:09] of uh Telare Street and Eve Street and is located in the National Register um

[24:16] historic uh Harrisburg neighborhood. And that's the national district is not

[24:21] locally um in a historic district. So we will roll scroll down here and

[24:30] there are findings which emulates what was uh presented in the previous

[24:36] application and moving down to the criteria. There are four and these uh

[24:43] this these uh requests satisfy um the criteria. So we uh notated a yes for

[24:50] each. That concludes staff's presentation.

[24:54] » Thank you very much, Kevin. Mr. Arnett, you are in favor of the application.

[24:59] Anything to add? >> Nothing to add, sir.

[25:03] » Thank you. Any opposition for this particular application?

[25:06] » I've not received any opposition or favor um um requests in favor for this.

[25:11] » Thank you. And seeing none here, I'll ask for staff's recommendation.

[25:15] » All right. And I could do that here since I have the next case. They're the

[25:19] same uh conditions. So it's uh recommendation of approval um of the

[25:25] variance with uh five conditions. The very first is and if you if I have to

[25:32] read them, I don't know if it's necessary.

[25:33] » I don't think so. We can just say that it's approval with the following

[25:36] conditions. >> Okay.

[25:38] » So the is uh approval with the following conditions relating to the previous uh

[25:43] application. Thank you very much. I imagine you're in agreeance again.

[25:47] » Yes, sir. I am. >> Thank you very much. [clears throat]

[25:49] Turn it over to the board for any questions. Miss Williams.

[25:51] » I make a motion to approve with staff recommendations.

[25:55] » Here's a motion from Miss Williams and a second from Dr. Brandon. All in favor

[25:59] for approval with staff's recommendation by show of hands, please.

[26:05] It's a unanimous vote. Thank you very much. We'll move on to the next item on

[26:08] the list, which is BZA 26-23. right along here.

[26:13] » You're you're welcome to have a seat if you want.

[26:15] » Awesome. Thank you, board. >> All right. Next item on the agenda is

[26:20] BZA 2623. This is a petition by Augusta CSR. Um, Habitat Humanity is requesting

[26:28] variances from section 8-1A, 8-8A,

[26:32] um, and 11-1B of the comprehensive zoning ordinance to reduce the minimum,

[26:37] uh, lot area from 6,000 square ft to 3,360

[26:43] ft and to reduce the required front setback on Telare Street from 30 ft to

[26:48] 10 ft to construct a new home on a property located at 1843 Telair Street.

[26:54] This property is located in the R1C zone in district one commissioner district

[27:01] I'm sorry commissioner Jordan Johnson.

[27:05] [snorts] Uh general background for this one is

[27:09] that the sub property is uh in a in an established residential neighborhood

[27:14] along Telfair Street in the Harrisburg Oldtown and medical district areas. The

[27:21] parcel is a square lot measuring approximately 60 uh feet in width and 56

[27:27] feet in depth. Is a vacant lot and is serviced by

[27:32] public water and sewer. The site is uh level with no significant changes in

[27:38] elevation or unusual topographic features that would substantially

[27:43] restrict development. uh surface drainage appears to follow

[27:47] the natural grade uh toward adjacent public rightway and existing stone water

[27:53] infrastructure. Staff observe no pronounced slopes,

[27:58] ravines or other physical landforms that would constitute an extraordinary

[28:02] topographic hardship affecting the property.

[28:07] The surrounding area consists primarily of single family residential

[28:10] development. Adjacent zoning and land uses are R1C and R2 with single family

[28:17] and multifamily uses. The R1C one family residential district

[28:23] is intended to accomp accommodate moderately dense single family

[28:28] residential development while preserving residential stability and residential

[28:32] character. And the district generally requires a minimum lot area of 6,000

[28:38] square ft and a minimum lot width of 60 ft. And we have staff findings which

[28:45] mirrors the previous two and are shown here total of six findings in your

[28:54] report. Mhm. >> And then the criteria for approving the

[28:58] variance in consistent uh order to what was

[29:02] previously uh notated. And that concludes staff's presentation.

[29:07] » Thank you very much, Kevin. Again, Mr. Arnett, I imagine you're in agreeance or

[29:11] anything you'd like to add. >> Nothing to add.

[29:15] » Thank you very much. Any opposition to this application? Seeing none and having

[29:20] heard none from staff, we'll go ahead and ask for staff's recommendation.

[29:25] » Staff is in uh in approval of this request with the same conditions of the

[29:32] previous u those five conditions as previously stated.

[29:35] » Thank you very much. And Mr. Arnetta, I imagine you're in agreeance again.

[29:38] » Yes, sir. >> Thank you very much. I'll turn it over

[29:40] to this uh board here for any questions, >> Mr. Chair.

[29:45] » Okay. A motion approval with staff recommendation.

[29:50] » Second. >> We have a motion for Miss Chivers and a

[29:52] second for Mr. True. All in favor for approval with staff's recommendation by

[29:55] show of hands. It's unanimous. Thank you very much. I

[29:59] have your letter in the mail for that one. And we'll go ahead and hop to the

[30:02] next one. BZA 2624, please. >> Afternoon.

[30:08] My name is Ebony Dobson and I'll be presenting the next last few cases that

[30:13] we have here. So for 26 24 again it's another application for

[30:20] Habitat for Humanity uh asking for on two lots at 1850 and 1852 Hicks Street.

[30:27] Um parcel numbers are 0352-2-498-0000-

[30:36] parcel is 035-2-499-0000-

[30:42] current zoning is R1C one family residential uh commissioner district 1

[30:48] um commissioner Jordan uh Jordan Johnson uh the variance request is to reduce

[30:53] front setbacks on both of those lots from 30 ft feet um to 10 square ft that

[31:00] affects sections 111 11-1A and section 88 of the zoning ordinance.

[31:07] Uh the second request requires a permitted use for the co lot coverage

[31:12] from a minimum of 6,000 ft to 1,680 ft um affecting sections 11-1B of the

[31:21] zoning ordinance. Background on this on these lots um include the subject

[31:27] property is a square shaped lot with frontage along hick streets. Combining

[31:32] the subject lots with the adjoining parcel would create a unified

[31:35] development site with sufficient lot area and dimensions to satisfy

[31:41] applicable zoning requirements and provide an adequate buildable area for

[31:46] the proposed development. Thank you sir. The combined parcels create a lot

[31:52] measuring approximately 56 square feet in width and 60 ft and 60 square feet in

[31:57] depth, approximately 30300 3,360

[32:02] ft and does not meet the zoning district's minimum lot area requirement.

[32:06] The subject site is an established residential neighborhood along Walker

[32:11] Street in the National Registered Historical Harrisburg neighborhood. The

[32:15] subject site is a vacant lot and is they are vacant lots and is served by public

[32:21] water and sanitary sewer. The site appears at a level with no significant

[32:25] changes in elevation or unusual topography features that would

[32:29] substantially restrict development. Service drainage seems to follow the

[32:33] natural grade toward the adjacent public rightway and existing storm water

[32:36] infrastructure. Staff observed no pronounced slopes, ravines, or other

[32:41] physical land forms that would constitute an extraordinary uh topog

[32:46] topographic. >> Thank you. [laughter]

[32:51] » Hardship affecting the property. The surrounding area consists primarily of

[32:56] single family residential development. Adjacent zoning and land uses are R1C

[33:02] with single family and multi-use and multif family uses. The R1C1 family

[33:07] residential district is intended to accommodate moderately dense single

[33:11] family residential development while preserving the neighborhood stability

[33:15] and residential character. The district generally requires a minimum lot of area

[33:20] of 6,000 square ft and a minimum lot width of 60 square ft. That being

[33:26] stated, staff does have uh the following findings. Um there were six findings

[33:32] same as the previous um applications. We have the criteria for granting the

[33:38] variance. The four um hardships that were shown which again were met by the

[33:45] applicant. Um and that concludes staff's report.

[33:49] » Thank you very much. All right. Uh anything to add, Mr. Arnette?

[33:54] » No, sir. >> All right. Is there any opposition to

[33:56] this application present? >> Seeing none, was there any from staff?

[34:00] Nothing. >> Also none. All right, we'll go ahead and

[34:02] turn this over to staff's recommendation, please.

[34:05] » And staff is recommending approval with this one as well with the same

[34:08] conditions as outlined previously. >> Thank you very much. I imagine you are

[34:12] in agreeance again with that. Should we move with approval?

[34:15] » Yes, sir. >> All right. I'll turn it over to the

[34:17] board for any questions or motions.

[34:21] » I make a motion to approve subject to condition.

[34:25] » Mr. Trullock has a motion to approve subject staff's recommendations. Second.

[34:29] » M. Chver is second. All in favor by show of hands for approval. That's unanimous

[34:34] as well. Thank you very much, sir. We really appreciate your time today.

[34:38] » Awesome. Thank y'all. I appreciate your board.

[34:40] » Thank you. All right. Ba 26-25, please.

[34:50] 425.

[34:55] This is for applicant uh sorry this is for a property address

[35:00] at 3021 Washington Road. Um parcel number is 012- 0-00008-

[35:09] 03- 0. The current zoning is B2 general business commissioner district 7.

[35:17] Sorry.

[35:25] » Just a second here.

[35:29] » Was that you had already put it on? >> No,

[35:34] » you have to uh you have to read. >> No, no, no, no. I got I got Thank you.

[35:42] A petition by Hullberry Barrett PC on behalf of Racetrack Incorporated

[35:47] requesting a variance from section 224 and 21-6A

[35:52] of the comprehensive zoning ordinance to reduce the required front setback on

[35:55] Stevens Creek Road from 40 ft to 15 ft for reconstruction of Riceway gas

[36:00] station on property located at 3021 Washington Road. Tax map parcel number

[36:07] is 012- 0-00008-

[36:12] 03- 0. The property is in zoning district B2, general business, district

[36:18] number seven for Commissioner Tina Sundec.

[36:22] Uh the petition was for a reduced front setback on Stevens Creek Road. The

[36:30] permitted use right now is 40 square feet. Uh the proposed use is 15 square

[36:35] ft. This affects our sections 22-4 and sections 21-6A

[36:40] of the comprehensive zoning ordinance. The background is as follows. This

[36:45] petition request the variance for the property located at 3021 Washington

[36:50] Road. The subject property consists of approximately 0.54 acres which is

[36:55] 23,455.4 4 square ft and it is identified as tax

[37:00] parcel 012-00008-03-0

[37:06] in zone B2 general business. The property is currently developed as an

[37:10] existing racetrack convenience store and fueling station situated on the corner

[37:15] of Washington Road and Stevens Creek. The applicant requests relief from the

[37:19] front setback requirements of the Augusta Richmond County comprehensive

[37:22] zoning ordinance to reduce the required front setback along Stevens Creek Road

[37:27] from 40 ft to 15 ft to facilitate demolition and reconstruction of the

[37:32] existing convenience store and refueling station. According to the applicant, the

[37:37] redevelopment would modernize the existing facility, improve vehicular

[37:41] circulation, enhance customer safety, and provide updated site amenities while

[37:47] continuing the existing commercial use of the property. The applicant further

[37:51] states that the property is constrained by its corner configuration, limited

[37:55] site area, and the inability to acquire adjacent property needed to expand the

[37:59] site. The request of variance is intended to allow redevelopment of the

[38:03] existing commercial site while maintaining operational efficiency and

[38:07] improving overall site designs. Staff report concludes uh includes

[38:13] findings of eight which is in your report there. We have

[38:18] the four criterias for the granting of the variance

[38:25] and the applicant has um satisfied those hardships according to staff and that is

[38:32] the conclusion of staff report. >> Thank you very much as a representative

[38:37] for the applicant present today. Thank you very much. And once you address the

[38:42] podium, would you please state your name, your zip code, and that you have

[38:45] the authority to speak on behalf of the applicant.

[38:49] Good afternoon. My name is Darren Meadows. I'm a partner in the Hol

[38:53] Barrett Law Firm located at 801 Broad Street, 7th floor here in Augusta,

[38:56] 30901. >> All right. You have a minimum of 10

[38:59] minutes to add anything you'd like. >> I submitted the application before you

[39:03] on behalf of my clients, Racetrack, Inc., which owns over 600 racetrack and

[39:08] raceway gas stations across the southern and central United States. This Raceway

[39:13] branded location has been a gas station for well over 30 years. So, it's a

[39:17] non-conforming use as to the current setbacks.

[39:21] Racetrack wants to completely demolish the entire facility, including removal

[39:25] of the existing underground storage tanks to be replaced with all new

[39:28] up-to-date equipment and replacement of the very old style of building and

[39:33] canopy with racetrack and raceways modern design and layout. In order to

[39:38] make these needed updates, we need to obtain the requested variance from the

[39:41] setback requirements. With dual frontage and a relatively small parcel, we cannot

[39:47] fit [snorts] the upgraded storing canopy with the required loading and access

[39:52] ways on this lot with the 40ft setbacks from both roads. My client tried to

[39:57] acquire additional land from neighboring owners, but none of them wanted to sell.

[40:02] While we were able to design the layout in compliance with the 40-foot setback

[40:06] from the very busy Washington Road, we are requesting the setback on the

[40:10] Stevens Creek roadside be reduced to 15 ft. I note that this would actually

[40:14] result in an improvement over the current situation. At present, the

[40:19] canopy roof is only 9.8 ft from the Stevens Creek Road rightway. The new

[40:25] canopy will be just over 15 feet, so over 5t further back. Currently, there

[40:30] is a dispenser just over 19 feet from the right ofway. The new layout will

[40:36] move the closest dispenser over 10t deeper into the property at 30.2 ft. In

[40:42] keeping with modern trends, the store will no longer be in the middle of the

[40:46] dispenser canopy. It will be set to the rear of the property, so those who wish

[40:50] to pay at the pump can do so, and those who wish to come into the store without

[40:55] parking at the pumps can have that option. This design allows the facility

[40:59] to serve more customers safely and efficiently, hopefully leading to higher

[41:03] sales, which leads to more tax revenue for the city. Um, a racetrack executive

[41:09] visited Augusta recently and recognized that this store is in serious need of

[41:12] modernization. Because of the small size and the odd

[41:16] shape, the store building had to be specially designed. The normal store

[41:20] size and shape for raceway wouldn't fit into the space that we have available

[41:25] here. But Racetrack recognizes that th this location at I20 and Washington Road

[41:31] is an important travel corridor and they want their brand to be better

[41:34] represented in this space. We hope you will grant us the requested variant so

[41:38] we can move forward with the renovation. I do have Kirk Ellis from Racetrack Inc.

[41:43] and Nan Wilcox from Carter Harkle Road Engineers here with me today. If there's

[41:47] any questions, we will be glad to answer them.

[41:49] » Thank you very much, Mr. Meadows. I appreciate that. Is there anyone here

[41:53] present today in opposition of this application?

[41:56] Seeing none, I'll turn to staff and ask staff, did we receive any opposition

[42:00] through email? >> We have not.

[42:02] » Thank you very much. Uh at this time, I'll ask staff to uh go ahead and give

[42:07] us their recommendation. >> All right. Planning and development

[42:10] staff recommends approval of the requested variance um for the required

[42:15] uh reduction along Stevens Creek from 40 feet to 15 feet. And this also

[42:21] represents an improved condition of um existing conditions. Uh so to the

[42:26] following um there are a total of four conditions. The very first is approval

[42:32] shall apply to only the front setback reduction along Stevens Creek. A road as

[42:37] depicted on a plan submitted with the variance application. Number two, the

[42:42] development a redevelopment shall uh substantially conform to the site plan

[42:46] submitted with the application. Number three, that the

[42:52] uh applicant shall obtain all required site plan approvals, building permits,

[42:57] land disturbance permits, and any other applicable approvals from planning and

[43:02] development, engineering, traffic engineering, utilities, and other

[43:06] reviewing agencies prior to commencement of construction. And then finally,

[43:10] number four, the redevelopment shall comply with all applicable provisions of

[43:15] the Augusta tree ordinance and the illustrated guide, including submission

[43:21] of a tree and protection, tree protection, tree establishment plan,

[43:26] preservation of protected trees where feasible, and a compliance with um the

[43:31] minimum tree canopy requirements. And that concludes staff's recommendation.

[43:35] » Thank you very much, Kevin. Mr. Meadows, should this board move forward with an

[43:39] approval? Would you be agreeable to the four conditions stated by staff?

[43:43] » Uh just one question for clarification. Uh on the condition number four, the

[43:49] tree ordinance, we do anticipate uh seeking a variance from the tree

[43:53] commission. Uh but you know, presuming that that's not in conflict with that

[43:58] language, we will be fine. >> It won't it won't be. Yeah. So that body

[44:02] would have the authority and Yeah. you'll be in alignment with the

[44:06] condition. >> Thank you very much, Mr. Meadows. I turn

[44:09] this over to the board for any questions. Miss Williams.

[44:12] » I make a motion to approve with staff's recommendation.

[44:14] » Second. >> We have a motion from Miss Williams, a

[44:16] second from Mr. Trullock. All in favor for approval of this variance with

[44:20] staff's recommendation. Show of hands.

[44:26] Okay, I see all in approval. Any opposition? Are you abstaining? I didn't

[44:30] see a vote.

[44:34] didn't see. I was looking the other direction. All right, that's unanimous,

[44:37] Mr. Mr. Vettos. Thank you. It's unanimous.

[44:40] » Thank you. >> Sorry, Miss Pascal. I didn't see you

[44:42] down that. I looked that way first. All right,

[44:46] » we will go ahead and turn to BCA 2626, please.

[44:50] » Yes. And for our last case of the day, a petition by Aziz Redani on behalf of

[44:58] Real Fortune 7 Incorporated is requesting a variance from section 224

[45:03] and 21-6A of the comprehensive zoning ordinance to

[45:08] reduce the required front setback on Gordon Highway from 40 ft to 11 ft for

[45:12] an addition to an existing gas station located at 2078 Oat Savannah Road. Tax

[45:19] map parcel number is 087-2-012-01-0.

[45:27] The property is in zoning districts B2 B2 general business and HI heavy

[45:34] industrial district 2 um for Commissioner Stacy Polium.

[45:40] The request of variance again is reduce front setback off of Gordon Highway from

[45:45] 40T to 15 ft. Um the background is as follows. This petition requests a

[45:52] variance for the property located at 278 Old Savannah Road. The property contains

[45:57] approximately 460 acres, which is 20,62 ft and is identified as tax parcel

[46:05] 087-2-012-01-0

[46:10] and zoned B2 general business and HI heavy industrial. The property is

[46:15] currently developed with an existing commercial building situated on a

[46:19] triangular corner parcel at the intersection of Gordon Highway and Old

[46:24] Savannah Road. The applicant requests the variance to reduce the required

[46:27] front setback along Gordon Highway from 40 ft to 15 ft to allow an expansion to

[46:33] the existing commercial building. According to the applicant's letter of

[46:37] intent, the existing sideyard limitations request restrict expansion

[46:41] toward the eastern property line, making it the proposed addition toward Gordon

[46:46] Highway the most practical location for expansion. The applicant further states

[46:50] that the property size and configuration create an unnecessary hardship and the

[46:55] granting variance will not adversely affect public health, safety or welfare.

[47:02] For this particular case, we had a total of 22 findings.

[47:07] I'm hoping you guys all got to read that. [laughter]

[47:10] Um, that being stated again with the criteria for the granting variance, we

[47:14] have four unnecessary hardships. Again, the applicant did uh meet all four

[47:19] unnecessary hardships. And that concludes the staff's report.

[47:24] » Thank you so much. Is a representative of the applicant present today? Thank

[47:28] you if you wouldn't mind. And once again, just like everyone

[47:32] before you, if you wouldn't mind stating your name, your zip code, and that you

[47:36] have the authority to speak on behalf of the application.

[47:39] » Good afternoon, staff. My name is Alfred White. Um, I'm representing Aziz Ratini.

[47:44] Um, and yes, um, I have permission to, uh, speak on behalf.

[47:47] » Thank you so much. You have a minimum of 10 minutes to add anything that you may

[47:50] like. >> Um, I do not have anything to add.

[47:53] » That's all right. We'll just have you stand in there just in case we have any

[47:57] questions, please. All right. Is there any opposition present today?

[48:01] Seeing none, I'll turn to staff. Did we receive any via email or phone call?

[48:04] » We have not received anything. >> All right. Would you mind go ahead and

[48:07] presenting us with staff's recommendation?

[48:11] » All right. The planning and development staff recommends approval of the

[48:15] variance to reduce the required front setback along Gordon Highway from 40

[48:20] feet to 15 feet subject to the following conditions. There are a total of five in

[48:25] this case very similar to the previous ones. Uh the first is approval shall

[48:32] apply only to the reduction required front setback along Gordon Highway as

[48:36] shown on the conceptual site plan. Number two, the proposed building

[48:41] addition shall substantially conform to the conceptual site plan submitted with

[48:45] the variance application. Number three, all remaining provisions of the Augusta

[48:51] comprehensive zoning ordinance applicable to B2 and H NHI heavy

[48:56] industrial zoning district shall remain in uh full remain in full of force and

[49:03] effect. Uh number four, applicant shall obtain all required site plan approvals,

[49:08] building permits, land disturbance permits, and any other approvals

[49:12] required by planning and development, engineering, utilities, building

[49:17] inspection, and prior to commencement of construction. And finally, the

[49:22] development shall comply with all applicable provisions of the Augusta

[49:26] tree ordinance and the illustrated guide, including submission of a tree

[49:32] protection, tree establishment plan, if required, and compliance with uh

[49:38] applicable tree provision and tree canopy standards. And that concludes

[49:41] staff's recommendation. >> Thank you very much, Kevin. Mr. White,

[49:45] should this board move forward with approval? Do you agree to those

[49:47] conditions as stated? >> Absolutely.

[49:50] » Thank you so much. Before I turn to the board, I did want to make a note on in

[49:54] findings. Number 10 does reference Writesboro Road and Pennsylvania Avenue,

[49:59] which we believe is just a leftover from last month's. So, just for the record,

[50:03] we're going to make sure that that's stricken from the findings for them.

[50:07] » Uh I'mma add to that. I did get uh we did receive correspondence from

[50:12] individual on the on the board and it's uh it's 10, 11, and 12. So those need to

[50:18] be stricken and apologize for that inconvenience.

[50:22] » Yeah. 10, 11, and 12 uh relates relate to a separate uh uh report. So those are

[50:29] not applicable in this case. Thank you very much. And I'm going to turn now to

[50:32] Dr. Brandon. >> Mr. Chairman, I think item number 13

[50:36] also refers to >> It does. It's number 13 as well.

[50:41] » It actually might be pretty much the rest of them. Yeah, it is the rest of

[50:45] them.

[50:48] I think that's why there's 22 findings is that there were actually only nine.

[50:52] They just didn't quite make it out of there. So, let's indicate [snorts] on

[50:57] the record that we are striking all findings 10 through 22.

[51:02] » Okay. All right. But you did hear the

[51:06] conditions that we may consider approval for and you are in agreement with or

[51:10] agreement with those. >> I did. Yes.

[51:11] » Thank you very much. All right. I'll open it up for any questions from the

[51:14] board. Mr. Trlock.

[51:17] » I make You got a question? Go ahead. >> Sorry.

[51:21] » Go ahead. >> I make a motion to approve subject to

[51:23] conditions. >> Second.

[51:25] » We have a motion from Mr. Trlog and a second. Was I'm gonna throw it over to

[51:29] Mr. Forest. He was in my ear about it. [laughter]

[51:31] » So, we have a motion and a second for approval u based on staff's

[51:35] recommendations. All in favor by a show of hands.

[51:40] » Awesome. That's unanimous. Thank you very much, Mr. White. You'll have your

[51:43] letter in the mail. >> Thank you. All right, I'm going to turn

[51:45] this over now to the next item on the agenda, which is number 13, legal

[51:49] issues. >> Oh, okay. We said the end, so I can kind

[51:54] of come to that. It can be the next one. Anything from legal?

[51:59] » No, sir. I'm not aware of anything. >> All right. I'll ask the board to take a

[52:02] moment just to look at the minutes from our July meeting.

[52:07] And once you've had time to review them, I'll entertain a motion for approval.

[52:21] Thank you.

[52:28] Anyone want to entertain a motion for approval?

[52:33] Dr. Brandon has motioned and do Miss Williams has made a second. All in favor

[52:37] for approval of the minutes by show of hands, please.

[52:41] And it's unanimous. All right. Motion. Can I entertain a motion for

[52:46] adjournment, please? >> Move.

[52:48] » And can I get a second? >> Second.

[52:50] » All right. All in favor? >> Any opposed? Didn't think so. Thank you

[52:55] all so much for me coming out.

[53:04] » Big at home.

Board of Zoning Appeals - 8-17-2026

Transcript