BOARD OF ZONING ADJUSTMENT MEETING MINUTES  May 16, 2024  Call to Order. The Board of Zoning Adjustments oft the City of Athens, Alabama met ini regular session int the City Council Chambers on May 16, 2024 at 5:301 PM, after a short work session. RollCall. Board Members Present: Greg Greene, John Fowler, Jim Ernest, Larry Burlingame, and Rod Herron. Erin Tidwell, City Planner and Paige Parker, Planner were alsoi in attendance. Minutes. Larry Burlingame offered thei following resolution and: moved its adoption:  "BE IT RESOLVED: BY THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF ATHENS, ALABAMA, that the minutes for the April 18, 2024 meeting be approved." Jim Ernest seconded the motion, and the vote was unanimous oft the voting members present.  Items Withdrawn from This Month's Agenda: None.  New Business:  Public Hearing. Request of Pearl Ganaishlal regarding a variance to Zoning Ordinance Section 6.3.4.B(1) to allow for an increase in the maximum fence height permitted at 100 Attachments "A"and "B" pertaining to this request were presented to members oft the Ms. Tidwell explained the applicant's1 request and the applicable Zoning Ordinance section, stating that the applicant is allowed a four foot tall fence in the front yard. Ms. Tidwell explained that the reason this request is in front of the Board is due to the request being for a five foot tall fence in the front yard. Staff cannot administratively approvea a Mr. and Mrs. Ganaishlal spoke on behalf of the request. Ms. Ganaishlal showed pictures of other fences that she believed did not meet Zoning Ordinance requirements along with a sketch oftheir Mr. Ernest asked ift they would consider lowering the fence. Mr. Ganaishlal responded that the Mr. Ganaishlal stated that he was given permission by the ChiefBuilding Inspector for this fence. Mr. Herron asked ifwhomever) Mr. Ganaishlal spoke to with the Building Department is still employed in that capacity. Ms. Tidwell answered that Mr. Murray is still employed by the City, but is no longer with the Building Department, however the Chief] Building Inspector is still with  West Bryan Street and zoned HN (Historic Neighborhood District).  Board during the work session.  fence that exceeds a height of four feet in the front yard.  proposed fence and gate.  fence gate is five feet tall and cannot' be cut.    BOARD OF ZONING ADJUSTMENT MEETING MINUTES  May 16, 2024  the Building Department. Ms. Tidwell also stated that fences are not permitted, but are subject to  comply with the Zoning Ordinance.  Indiscernible comments were: made by audience members.  Mr. Herron suggested the request be tabled until the next meeting sO that thel Board might consult  with the Chief] Building Inspector.  Ms. Tidwell explained that this request was: not one that could have been approved administratively, which is why the request was put before the Board. Resolution. Rod Herron offered the following resolution and moved its adoption:  THEREFORE, BE IT RESOLVED that the Board of Zoning Adjustments for the City of Athens, Alabama, at its regular meeting on May 16, 2024, that the board does table the request until the next regularly scheduled meeting regarding a variance from Zoning Ordinance Section 6.3.4.B(1) at 100 West Bryan Street pending consultation with the Chief] Building Inspector.  Mr. Greene called for a second three times. A second was not made. The request did not pass due Resolution. Mr. Greene asked ifa member oft thel Board would be willing to take up the  tol lack ofa second.  applicant's original motion, as follows:  THEREFORE, BE IT RESOLVED that the Board of Zoning Adjustments for the City of Athens, Alabama, at its regular meeting on May 16, 2024, that thel board does hereby grant a variance from Zoning Ordinance Section Mr. Greene asked three times ifar member of the Board would like to make a motion to approve the request. A motion was not made by any member of the Board. Therefore, the Indiscernible and disruptive comments were made from the audience by the applicant and those  6.3.4.B(1) at 100 West Bryan Street.  request did not pass due to lack ofai motion.  present with the applicant.  Mr. Greene called for order. Order was not established.  Ms. Tidwell stated to the applicant that they would be provided with information on how to Mr. Greene again called for order, stating that if order could not be established, he would request ap police officer presence. Further disruptive comments were: made. Mr. Greene again called for  appeal the Board's decision. Further disruptive comments were: made.  order.    BOARD OF ZONING ADJUSTMENT MEETING MINUTES  May 16, 2024  The applicant and those with the applicant continued to comment loudly. Mr. Greene contacted thel Police Department as those int the audience continued to make loud and disruptive comments. The applicant and those with the applicant then left on their own volition prior to the arrival of authorities. Mr. Greene contacted the Police Department to let them know the applicant's party II. Public Hearing. Request of Dry Creek Capital Investments, LLC: regarding a variance to Zoning Ordinance Section 6.1.11.F(1) to allow: for front-loaded townhomes located directly north of West Strain Road and directly east ofU.S. Highway 31 South and zoned R-2 (Multiple Family Residential District) and R-1-3 (High Density Single Family Residential District). Ms. Tidwell explained the applicant's request, and stated that Staff does not understand the  had left.  hardship that is present sitewide.  Ms. Cady Stewart, with Morell Engineering, spoke on behalf oft the request. Resolution. The following resolution was put forth before the Board:  THEREFORE, BE IT RESOLVED that the Board of Zoning Adjustments for the City of Athens, Alabama, at its regular meeting onl May 16, 2024, that the board does hereby grant a variance from Zoning Ordinance Section 6.1.11.F(1) directly north of West Strain Road and directly east ofU.S. Highway Mr. Greene asked three times if a member of the Board would like to make ai motion to approve the request. A motion was not made by any member of the Board. Therefore, the  31 South.  request did not pass due to lack ofai motion.  The meeting was duly adjourned at 6:08 p.m.  QoWose  Attest:  Chairman    ATTACHMENT A WILLIAM R.I MARKS Mayor MICHAELT. GRIFFIN, ,P.E. CITY ENGINEER  Public Works Department 1600 WestE Elm Street Athens, AL 35611 Phone (256)233-8725 Fax (256)233-8791  EAthens ALABAMA  5/16/2024 BOZA,  Ith has come to our attention that item one of the BOZA's agenda requesting a variance of Section 6.3.4.B(1) will come before the board. The request is asking  for a variance of the following excerpt from the ZO, below:  "ZO section 6.3.4.B(1)  B. Maximum Height by Function and Location  Height. Fences or walls shall not exceed 4 ft in heighti in ai front yard, and 8 ftin height in a side or rear yard. For purposes oft this subsection, height shall be measured from finished grade.  The use of a berm to increase fence or wall height is prohibited."  Allowing the use of fences greater than 4 feet in a front yard poses numerous risks to the traveling public in our public right-of-ways. More specifically itis often that our ordinances are derived from engineering judgment. For instance, iff fences were allowed to encroach to the property lines at full height in neighborhoods, the sight distances that we require per our subdivision regulations standards of design would be unenforceable. lask that BOZA does not approve a variance for the height in the front yards, and seeks to not add Ifyou have any further questions or require any further clarification, please  precedence in future cases related to this item.  contact me at 256-262-1426.  Thank kyou  Michael Griffin, P.E. City Engineer  ATTACHMENT A    ATTACHMENT B  Jim and. Jan Garrett 110 Malone Circle Athens, AL 35611  City of Athens POB 1089 Athens, AL 35611 Delivery: Hand-carry  Engineering Services and Community Development Department  Ref: Pearl Ganaishlal Variance Request for 5'1 Fence  To: Board Zoning of Adjustment  We want to express of full support for the request.  Our observations are:  1. The fence will be in scale to the house. 2. The materials selected arel beautiful. 3. The fence will enhance the neighborhood. tracks, the fence will improve the area.  4. When considering the Boy Scouts plain building, parking lot, industrial building and railroad 5. The existing neighbor's six foot fence is on the south side and is just a plain wooden fence.  Please approve the variance request We have no objections.  Sincerely, Jim and. Jan Garrett R  ATTACHMENT B