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Zoning board recommends denial of variance for pole barn at 5320 Pontiac Street
Summary
The Ocean Springs Zoning and Adjustment Board voted to recommend denial of a requested setback variance for an as-built pole barn at 5320 Pontiac Street after hearing applicant Bobby Smith and staff explain the structure sits 18 inches from the property line where a 5-foot setback is required. The recommendation goes to the Board of Aldermen consent agenda.
The Ocean Springs Zoning and Adjustment Board voted Nov. 12 to recommend denial of a variance that would allow an existing pole barn at 5320 Pontiac Street to remain 18 inches from the northwest property line instead of the 5-foot side setback required in the city's R-2 zoning district.
Amanda, a city staff presenter, told the board that the pole barn was already constructed and the building department issued a code violation for no building permit. She said the property meets lot area and width minimums for R-2 zoning but that the structure "should have been placed at the 5 foot side yard setback line." Amanda also stated the city received one no-opposition letter from neighbor Robert Kennedy at 5324 Pontiac Street.
The applicant, Bobby Smith, told the board he hired a contractor who "said he's gonna take care of everything for me," and that he discovered the issue only after receiving a notice posted on his door. Smith said the work was completed while he worked out of town and that he has attempted to contact the contractor.
Board members pressed the applicant about contractor licensing, whether the contractor had visited the building department, and whether a property survey existed that might change the measured setback. One member noted that a survey sometimes adjusts measured distances and encouraged the applicant to obtain contractor records and a survey.
A staff/board speaker explained the board's typical variance practice, saying the board commonly allows variances around 25% of the required setback and that an 18-inch placement is “significantly” outside that range, creating a substantial challenge to approving the request.
After discussion, a board member moved to recommend denial of the variance to change the side setback requirement from 5 feet to 18 inches; the motion was seconded and the board voted to recommend denial. The chair said the recommendation will be placed on the Board of Aldermen consent agenda next Tuesday and told the applicant to email Elizabeth or Amanda to request removal from consent and an opportunity to speak at the board meeting if he intends to appeal.
Next steps: the Board of Aldermen will consider the recommendation; the applicant may request removal from the consent agenda to speak at that meeting.
