HomeMy WebLinkAboutC.054.93011_1253 (2)Patrick said she would probably be able to conduct her chiropractor business without
actually living in the structure. She said under the current zoning guidelines she had to live
there.
Commissioner Robertson said the state would compensate the property owners. He
asked Ms. Patrick if this was her understanding.
Patrick said the DOT representative had stated, "A tree is worth what a tree is worth."
She said this could be argued, but the state would take the property regardless of whether or not
an agreement was reached on the price. She said there were concerns on her part about the
property not having any value.
Commissioner Robertson asked if she would even be able to operate her business on the
site.
Patrick said with no left turns, travelers would have to drive a mile -and -a -half past her
location and then tum around to come back.
Commissioner Robertson directed a question to Mr. Warren. He asked what would
happen if Ms. Patrick moved out of the house, tried to sell it, but no one bought it.
Warren said he wasn't an attorney, but the situation sounded similar to a "takings" --
taking property without just compensation. He said this would be a state matter.
Attorney Pope said, theoretically, Ms. Patrick would be compensated; however, some
things were not quantifiable.
Robertson asked Ms. Patrick's options if the board denied her request. He asked if her
only option would be to take the money from the DOT, demolish the present house, build
another house, drill another well, and install a sewer system further back on the same property.
Pope said this would probably be right. He mentioned the zoning would affect the value.
Commissioner Williams asked, assuming the board approved the request from RA to RO,
if the setbacks would allow Ms. Patrick to build again.
Warren gave the following setbacks:
Residential Agricultural: 35 ft. (front setback)
15 ft. (side from property lines)
35 ft. (rear property)
Residential Office (single-family) 35 ft. (front setback)
10 ft. (side from property lines)
25 ft. (rear property)
Any other use besides residential: 30 ft. (front setback)
8 ft. (side from property lines)
20 ft. (rear property)
Commissioner Williams asked if it would be residential or office.
Warren said the applicant wanted to change the zoning and use the site as an office.
Commissioner Williams asked about spot zoning.
Warren said technically, it would not be a spot zoning.
No one else desired to speak, and Chairman Tice adjourned the hearing.