BOARD OF ZONING ADJUSTMENT MEETING MINUTES May 16, 2024 Call to Order. The Board of Zoning Adjustments of the City of Athens, Alabama met in regular session in the City Council Chambers on May 16, 2024 at 5:30 PM, after a short work session. Roll Call. Board Members Present: Greg Greene, John Fowler, Jim Ernest, Larry Burlingame, and Rod Herron. Erin Tidwell, City Planner and Paige Parker, Planner were also in attendance. Minutes. Larry Burlingame offered the 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 of the voting members present. Items Withdrawn from This Month's Agenda: None. New Business: I. 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 West Bryan Street and zoned HN (Historic Neighborhood District). Attachments "A" and "B" pertaining to this request were presented to members ofthe Board during the work session. Ms. Tidwell explained the applicant's 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 ofthe Board is due to the request being for a five foot tall fence in the front yard. Staff cannot administratively approve a fence that exceeds a height of four feet in the front yard. 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 oft their proposed fence and gate. Mr. Ernest asked ift they would consider lowering the fence. Mr. Ganaishlal responded that the fence gate is five feet tall and cannot be cut. Mr. Ganaishlal stated that he was given permission by the Chief Building Inspector for this fence. Mr. Herron asked if whomever 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 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 the 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 to lack of a second. Resolution. Mr. Greene asked if a member of the Board would be willing to take up the 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 the board does hereby grant a variance from Zoning Ordinance Section 6.3.4.B(1) at 100 West Bryan Street. Mr. Greene asked three times if a member of the Board would like to make a motion to approve the request. A motion was not made by any member oft the Board. Therefore, the request did not pass due to lack of a motion. Indiscernible and disruptive comments were made from the audience by the applicant and those 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 appeal the Board's decision. Further disruptive comments were made. Mr. Greene again called for order, stating that if order could not be established, he would request aj police officer presence. Further disruptive comments were made. Mr. Greene again called for order. BOARD OF ZONING ADJUSTMENT MEETING MINUTES May 16, 2024 The applicant and those with the applicant continued to comment loudly. Mr. Greene contacted the Police Department as those in 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 had left. II. Public Hearing. Request ofl 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 hardship that is present sitewide. Ms. Cady Stewart, with Morell Engineering, spoke on behalf of 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 on 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 31 South. Mr. Greene asked three times if a 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 request did not pass due to lack of a motion. The meeting was duly adjourned at 6:08 p.m. Q0 3 oosuc Attest: Chairman Secretafy ATTACHMENT A WILLIAM R. MARKS Mayor Public Works Department MICHAELT. € GRIFFIN, P.E. 1600 West Elm Street Athens ALABAMA Athens, AL 35611 CITY ENGINEER Phone (256) 233-8725 Fax (256) 233-8791 5/16/2024 BOZA, It 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 height in a front yard, and 8 ft in height in a side or rear yard. For purposes of 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 it is often that our ordinances are derived from engineering judgment. For instance, if 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. ask that BOZA does not approve a variance for the height in the front yards, and seeks to not add precedence in future cases related to this item. If you have any further questions or require any further clarification, please contact me at 256-262-1426. Thank you, Michael Griffin, P.E. City Engineer ATTACHMENT A ATTACHMENT B Jim and Jan Garrett 110 Malone Circle Athens, AL 35611 City of Athens Engineering Services and Community Development Department POB 1089 Athens, AL 35611 Delivery: Hand-carry Ref: Pearl Ganaishlal Variance Request for 5' 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 are beautiful. 3. The fence will enhance the neighborhood. 4. When considering the Boy Scouts plain building, parking lot, industrial building and railroad tracks, the fence will improve the area. 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 Garett ATTACHMENT B