Vet: Town outprices carport

April 08, 2008 01:18 pm

— A disabled veteran who served in the Pacific during World War II says he needs a carport to protect himself from rain and cold, adding Fort Gibson town officials won’t let him put one up.
“They’re stepping out of line,” said E.J. Hendrix, who served on an Essex class aircraft carrier. “That’s not American and not what I fought for.”
Debby Daniels, town clerk, said the proposed carport would violate a zoning ordinance calling for structures to be set back 25 feet from the street. A variance could be issued through the town’s board of adjustment, she said.
Hendrix said limited income bars him from seeking such a variance, a process that costs at least $150.
A native of the Cookson Hills area, Hendrix said he moved to Fort Gibson from rural Cherokee County about two years ago to be closer to health care at the Jack C. Montgomery VA Medical Center. Houses in his neighborhood have garages but no carports.
Using a motorized wheelchair to get around, Hendrix said he suffers from two lung diseases and has a doctor’s statement that he needs covered parking to protect him from the elements.
The house Hendrix bought had a two-car garage, which he said he and his wife converted into a room because they needed extra space.
He said the city had earlier given him permission to build a carport over his driveway but later decided he couldn’t put one up after neighbors complained. He pointed to post braces he already had put in his driveway.
Daniels said Hendrix had told the city he had talked to then-city inspector A. V. Harris.
Current city inspector Joe Roark said the city received a complaint from a neighbor about the proposed carport. He said there was no paperwork done on Hendrix’s request with the previous inspector.
Harris could not be reached for comment.
Daniels said the Fort Gibson Planning and Zoning Commission denied Hendrix’s request to build a carport earlier this year and that he later appeared before town trustees.
“He cannot build within 25 feet of the street,” she said.
Roark said Hendrix could apply for a variance if he has a medical allowance.
Daniels said the city charges a $50 fee to file for a variance with the Board of Adjustment. She said the applicant then contacts an abstract company to notify people in the neighborhood, who have a right to comment at a board hearing.
If the board denies the request, he can appeal it in court. She said that fee would be $25.
She said the city has met with Hendrix about his appeal options but he has not gotten back the city.
Hendrix said he had to pay Pioneer Abstract $100 to get the neighborhood residents’ names and worried about having to spend $500 to notify all the people.
Cassie Ellison, who handles variance requests for Pioneer Abstract, said people applying for variances need only get the names of neighbors and give the names to the city. The city then notifies the neighbors.
Daniels said the city does not charge beyond the $50 filing fee to contact the names on the list.
Meanwhile, Hendrix said the VA is helping to install wheelchair ramps and make his home more handicapped accessible. He also is listing his house for sale.
Reach Cathy Spaulding at 684-2898 or cspaulding @muskogeephoenix.com.

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E.J. Hendrix, who served on an Essex class aircraft carrier in World War II, is upset with the city of Fort Gibson for stopping him from building a car port he needs for a health condition.