MINUTES
LOUDON BOARD OF ZONING APPEALS
MARCH 1, 2006

Request discussion of fire damage at 623 Mulberry Street and rebuilding options. Referenced by Tax Map 41A, Group F, Parcel 9.00. Zoned R-2, High Density Residential District, located in Historic Overlay District. Owner: Jim Wilkins


Mr. Wilkins (Former Property Owner) described his property for the Board, and noted this is a rental property. He has been transferred to Atlanta since he purchased it, and wants to find a buyer for it. The house on the property burned in September, and he wants clarification from the Board as to what he can do with it regarding demolition or rebuilding. He only had insurance to cover his mortgage on it, and that has been paid. He now has a burned house on a piece of property and does not want to put any money into it.

Mr. Reynolds (Newman's Assistant) had a sketch showing how much of the property could be rebuilt on if the house were torn down, noting a setback may have to be considered on the Park Street side of the property. It was determined that an appraiser would have to determine the percentage of the property that had been destroyed by the fire. If it is 75% or more destroyed, the house needs torn down and could be rebuilt at a slightly smaller size, similar to Mr. Reynolds sketch. If it is less than 75% the house can be repaired and remodeled, but construction would have to start before September due a Zoning Ordinance requirement that construction must begin in the first 12 months after the fire. That requirement would grandfather in the footprint of the building where it may violate setbacks. After 12 months variances would be required to rebuild.
 

Mr. Branam (Loudon Codes Officer) also noted the lot had been illegally divided between the two homes. At this time Mr. Wilkins could be unable to sell either of the homes because the division was not platted. That also destroys the property’s lot of record status. Mr. Wilkins stated he would return to the title company to have that corrected.
 

With no additional comments from the Board or the public, the meeting was adjourned at approximately 2:30 PM.

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