Told the town can’t grant things that violate its zoning ordinance
If Flomaton resident Ken Kennard, who lives at 239 Ricky St., wants to clean up the lot across the street and live in a travel trailer, appears the matter may have to be settled in circuit court.
Kennard has approached the Flomaton Town Council about moving his travel trailer, but Flomaton’s zoning and land use ordinance forbids anyone from living in a travel trailer.
Kennard said he’s been told to take the issue before the town’s board of adjustment seeking a variance, but said such a meeting has never taken place and he was told that board was non-functional.
During Monday afternoon’s meeting, Kennard said he was bringing it to the council because the council would have the ultimate decision.
“I suggest you let me clean up lot 239 to 201-203 Sue St., and move my recreational vehicle,” Kennard said. “It will benefit the neighborhood and I have someone willing to clean the property. Again, I ask the council to give me a variance.”
Town Attorney Chuck Johns said such claims must first go before the board of adjustments, and noted that board could not allow a variance on something that is forbidden in the code. Johns told the council that at this point it was not proper for the council to make a decision.
Kennard told the council he has tried to do the right thing and wants to clean up the neighborhood.
“I’m here seeking help,” Kennard said. “As I drive through town a number of house trailers have been moved in and a number of house trailers have been moved into the Holt subdivision, but nothing is done about it.”
Councilman Roger Adkinson said the board of adjustments can make adjustments within the ordinance, but said that board cannot overrule the ordinance.
“All you want to do can’t be done unless we go back and redo the whole zoning ordinance,” ‘Adkinson said..
Johns pointed out that if Kennard received an adverse opinion from the board of adjustments or the council he can appeal to circuit court.
“We need to get the adjustment board here and make a decision,” Adkinson said. “We don’t have the authority to overrule the entire ordinance.”
Mayor Jim Johnson announced a board of adjustments meeting has been set for 3 p.m. on March 18.
Johns added that the board of adjustments couldn’t give Kennard what he was asking for.
“The property needs to be cleaned up,” Kennard said. “I’d like to move my RV. Short of building a house, what can I do with that property?”
Utilities Superintendent Shaun Moye said manufactured homes could go onto the property, noting that there was a difference in mobile homes and manufactured homes.
