[03/18/03]Vicksburg officials approved one zoning request and delayed another Monday over the objections of residents in both neighborhoods.

A variance from the city’s setback ordinance was approved on a request from builder Jim Hobson. The Mayor and Alderman also continued a public hearing brought by residents near Porters Chapel Road who want the city to deny a request from developer Paul Campbell to change the zoning of property previously identified as the site for a new park.

About 20 residents from the Belle Meade subdivision asked that Hobson’s request be denied because they say the house, which has been under construction for several months, does not fit into the neighborhood.

A permit was issued for building the house at 610 Briarfield Drive before city officials checked to make sure it was being built at least the required 10 feet from the property line. It was pointed out last month that the structure is 8 1/2 feet from the line, in violation of city building code.

“I don’t think a foot and a half is enough reason to ask someone to tear down a home,” said Mayor Laurence Leyens.

Residents said that in addition to the setback the house does not comply with neighborhood covenants. They said those rules specify new homes be built of wood or brick exterior.

The home being built by Hobson has a vinyl outside.

“If you do this it hurts our property values,” said Mike Davis, who lives across the street from the house. Belle Meade was initially a privately platted county residential area. It was annexed in 1990.

Harvie Oliver, 209 Montaign Drive, said the covenants also call for homes to have a garage or carport. The original plans submitted to the city showed a garage, but currently the house nearly finished does not have either.

“He said he read the covenant, which he must have ignored,” Oliver said.

Hobson said that he met all the requirements in the covenant including an 8-foot setback, but was not aware of the 10-foot city requirement. He said the violation was not intentional

“Why would I take that chance? That’s about the stupidest question I’ve ever heard,” Hobson said.

City decisions may be appealed to circuit court within 10 days. Covenants are not under city jurisdiction.

“I have no legal authority to do anything about the (vinyl siding) as long as it meets all city building codes,” Leyens said.

Officials also said they will continue the process to acquire property on Porters Chapel Road for a park.

Campbell said he had been told the city’s offer to buy the property had been turned down by the previous owner.

That’s when he bought the land and made plans to build housing, he said.

“It appears, although we have not taken a vote, that we are still interested in pursuing that,” Leyens said.

Residents in the area had objected to the zoning change saying they wanted a park.

“It will add to our property values and make it a better place to live,” said Scotty Swillie, 207 Woodstock Place.

Campbell said he will hold off on the project there while the city gets a new appraisal on the lot.