Board of Zoning Appeals

205 Lawrence Street City of Marietta Post Office Box 609 Marietta, Georgia 30061 Meeting Minutes BOARD OF ZONING APPEALS James A. Mills, Ward 3, Chairman J. K. Lowman, Ward 2, Vice Chairman Susan Grant, Ward 1 G. Marshall Dye, Ward 4 Ronald Clark, Ward 5 William “Bill” J. Martin, Ward 6 Justice Barber, Ward 7 Monday, June 24, 2013 6:00 PM City Hall Council Chambers Present: James A. Mills, Susan Grant, William "Bill" J. Martin, G. Marshall Dye, J. K. Lowman, Ronald Clark, and Justice Barber Staff: Brian Binzer, Development Services Director Rusty Roth, Development Services Manager Patsy Bryan, Secretary to the Board Kyethea Clark, Urban Planner Daniel White, City Attorney CALL TO ORDER: Chairman Mills called the June 24, 2013 Board of Zoning Appeals Meeting to order at 6:00 p.m. MINUTES: 20130654 May 20, 2013 Board of Zoning Appeals Meeting Minutes Review and Approval of the May 20, 2013 Board of Zoning Appeals Meeting Minutes Mr. Lowman moved to accept the May 20, 2013 Board of Zoning Appeals Meeting Minutes, seconded by Mr. Martin. Motion carried 5 – 0 – 0. A motion was made by Board member J. K. Lowman, seconded by Board member William "Bill" J. Martin, that this matter be Approved and Finalized. The motion carried by the following vote: 5 – 0 – 0 Abstain: 2 - Board member Dye, and Board member Barber VARIANCES: 20130533 V2013-24 Carol Dianne Van Deusen 337 Stokes Avenue City of Marietta Page 1 Printed on 7/2/2013 12:15:04PM BOARD OF ZONING APPEALS Meeting Minutes June 24, 2013 V2013-24 [VARIANCE] CAROL DIANNE VAN DEUSEN requests a variance for property located in Land Lot 02890, District 17, Parcel 1260, 2nd Section, Marietta, Cobb County, Georgia and being known as 337 Stokes Avenue. Request to reduce the required spacing between buildings - to allow for an open, unenclosed carport - from 20 feet to 12 feet. Ward 5. File #20130533 (V2013-24) was presented by Mr. Roth for property located in Land Lot 02890, District 17, Parcel 1260 and being known as 337 Stokes Avenue. A public hearing was held. The owner, Carol Dianne Van Deusen, is requesting a variance to reduce the required spacing between buildings to allow for an open, unenclosed carport from 20 feet to 12 feet. Mrs. Van Deusen is requesting this reduction in order to complete the carport that is already in place on a poured concrete pad. There was no one in opposition. The public hearing was closed. Mr. Clark made a motion, seconded by Mr. Lowman, to approve the variance. The rationale being that granting the application will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety, or general welfare. The motion carried by a vote of 7 – 0 – 0. A motion was made by Board member Clark, seconded by Board member Lowman, that this Variance be Approved and Finalized. The motion carried by the following vote: 7 – 0 – 0 20130591 V2013-25 Melquiades Portugal 618 and 620 Bellemeade Drive V2013-25 [VARIANCE] MELQUIADES PORTUGAL requests a variance for property located in Land Lot 00650, District 17, Parcels 2130 and 2150, 2nd Section, Marietta, Cobb County, Georgia and being known as 618 and 620 Bellemeade Drive. Variance to reduce the buffer required when an RA-6 district abuts an R-3 district from 30 feet to 0 feet. Ward 2. File#20130591 (V2013-25) was presented by Mr. Roth for property located in Land Lot 00650, District 17, Parcels 2130 and 2150 and being known as 618 and 620 Bellemeade Drive. A public hearing was held. The applicant and owner, Melquiades Portugal, is requesting a variance to reduce the buffer between an RA-6 and an R-3 district from 30 feet to 0 feet. When Mr. Portugal purchased the property, he was told that he could build a duplex on the property. Questions from the Board determined that a single family home could be built on the lot without encroaching into the buffer and that the property consisting of two lots has a combined 75’ frontage. City of Marietta Page 2 Printed on 7/2/2013 12:15:04PM BOARD OF ZONING APPEALS Meeting Minutes June 24, 2013 Mr. Robert Hamilton from Dunleith Subdivision spoke in opposition. Mr. Hamilton is opposed to the development being anything other than a single family dwelling. Sam Jacobs, a resident of 1394 Natchez Trace, is opposed to any additional duplexes in the area. Annette Herndon, a resident of 640 Bellemeade Drive, stated that a duplex will impact the value of her property. She is also concerned about parking and water runoff. Mark Penson, a resident of 1474 Longwood, is opposed to this development for fear it will hurt the market and the neighborhood. Kimberly Morgan, a resident of 1430 Longwood, stated that she has concerns for safety and decrease in property value. Ed Sonnenfeld, 1510 Elgin Court, stated that a duplex is not for stability but for profit. It would be transitory with constant change. Mr. Portugal stated that he would not mind building a single family home. Discussion between Mr. Martin and Mr. Portugal indicated that Mr. Portugal is willing to discuss the sale of the property to the Dunleith HOA. The public hearing was closed. Mr. Lowman made a motion to deny the application, seconded by Mr. Dye. The motion carried 7 – 0 – 0. A motion was made by Board member J. K. Lowman, seconded by Board member G. Marshall Dye, that this matter be Denied . The motion carried by the following vote: 7 – 0 – 0 20130588 V2013-26 Ruben Balcazar 1214 Aleamo Drive V2013-26 [VARIANCE] RUBEN BALCAZAR requests variances for property located in Land Lot 10950, District 16, Parcel 0230, 2nd Section, Marietta, Cobb County, Georgia and being known as 1214 Aleamo Drive. Variance to allow a business vehicle to park in the front yard of a residentially zoned property; Variance to allow an accessory structure in the front yard; Variance to allow an accessory structure less than 10 feet from a property line. Ward 6. File #20130588 (V2013-26) was presented by Mr. Roth for property located in Land Lot 10950, District 16, Parcel 0230 and being known as 1214 Aleamo Drive. A public hearing was held. The property owner, Ruben Balcazar, being represented by Frederick V. Bauerlein, is requesting a variance to allow a business vehicle to park in the front yard of a residentially zoned property, a variance to allow an accessory structure in the front yard, and a variance to allow an accessory structure less than 10 feet from a property line. The following neighbors of Mr. Balcazar spoke in favor of this request: City of Marietta Page 3 Printed on 7/2/2013 12:15:04PM BOARD OF ZONING APPEALS Meeting Minutes June 24, 2013 Jo Taylor, 1211 Aleamo Drive; David Olson, 1195 Aleamo Drive; Chuck Credille, 1209 Beech Street. Mr. Balcazar agreed with Mr. Martin that he would be willing to take the awning down should he sell the business, relocate, sell, rent, or lease the property. It was also agreed upon that Mr. Balcazar would send a letter to Mr. Roth stating such agreement. The hardship of not having the awning is the lack of protection for the lawn equipment which could have a negative effect on business costs and appreciation of equipment. There was no one in opposition. The public hearing was closed. Mr. Martin made a recommendation, seconded by Mrs. Barber, to approve all three (3) variances with the following stipulation: Mr. Balcazar will provide Mr. Roth with a letter stating that he will remove the carport should he sell the business, relocate, sell, rent, or lease the property. The rationale being that granting the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship. The motion carried 6 – 1 – 0 with Mr. Dye opposed. A motion was made by Board member William "Bill" J. Martin, seconded by Board member Justice Barber, that this matter be Approved as Stipulated. The motion carried by the following vote: 6 – 1 – 0 Vote Against: 1 - Board member Dye 20130590 V2013-28 Win & Associates, LLC 1119 and 1125 Powder Springs Street V2013-28 [VARIANCE] WIN & ASSOCIATES, LLC requests variances for property located in Land Lot 00670, District 17, Parcels 0460 and 0450, 2nd Section, Marietta, Cobb County, Georgia and being known as 1119 and 1125 Powder Springs Street. Variance to reduce the minimum road frontage required for the placement of a freestanding sign from 75 feet to 65 feet; Variance to reduce the required buffer adjacent to a residential district from 40 feet to 10 feet. Ward 2. File #20130590 (V2013-28) was presented by Mr. Roth for property located in Land Lot 00670, District 17, Parcels 0460 and 0450 and being known as 1119 and 1125 Powder Springs Street. A public hearing was held. The property owner, Win & Associates, LLC, is being represented by Bob Terrell. The property owner is requesting the following two (2) variances: 1. Variance to reduce the minimum road frontage required for the placement of a City of Marietta Page 4 Printed on 7/2/2013 12:15:04PM BOARD OF ZONING APPEALS Meeting Minutes June 24, 2013 freestanding sign from 75 feet to 65 feet; 2. Variance to reduce the required buffer adjacent to a residential district from 40 feet to 10 feet. At this time, Mr. Martin recused himself. Mr. Terrell, representing Win & Associates, is aware from conversation with Mr. Roth that since his client owns both tracts, the property lines could be redistributed so that each property has enough road frontages for a sign. Therefore, Mr. Terrell withdrew the variance to reduce the minimum road frontage required for the placement of a freestanding sign from 75 feet to 65 feet. The proposal is for a 9,000 square foot building, of which approximately 6,000 square feet would be used to relocate the existing Powder Springs Road beverage store and lease the remaining 3,000 square feet to another tenant. Mr. Terrell mentioned Dunkin Donuts as a possible tenant to lease the current beverage shop. According to Mr. Terrell, forty-seven (47) parking spaces will surround the building and no trees will be removed. Mr. Lowman confirmed that Mr. Terrell is withdrawing the request for the sign variance and discussion continued regarding parking and the rear buffer. No one spoke in opposition. The public hearing was closed. Mr. Lowman made a motion, seconded by Mr. Dye, to approve variance #2, a variance to reduce the required buffer adjacent to a residential district from 40 feet to 10 feet with the stipulation that the existing buffer (vegetation) not be disturbed. The rationale being that it is necessary to give the applicant the benefit of their property. The motion carried 6 – 0 – 1. A motion was made by Board member J. K. Lowman, seconded by Board member G. Marshall Dye, that this matter be Approved as Stipulated. The motion carried by the following vote: 6 – 0 – 1 Abstain: 1 - Board member Martin 20130592 V2013-29 Stephanie Blair 764 Frasier Circle V2013-29 [VARIANCE] STEPHANIE BLAIR requests a variance for property located in Land Lot 12860, District 16, Parcel 1220, 2nd Section, Marietta, Cobb County, Georgia and being known as 764 Frasier Circle. Variance to reduce the minimum length of the concrete parking pad from 20 feet to 18 feet. Ward 1. File #20130592 (V2013-29) was presented by Mr. Roth for property located in Land Lot 12860, District 16, Parcel 1220 and being known as 764 Frasier Circle. A public hearing was held. The applicant and property owner, Stephanie Blair, being represented by Kevin Moore, is seeking a variance to reduce the minimum length of a concrete parking pad from 20 City of Marietta Page 5 Printed on 7/2/2013 12:15:04PM BOARD OF ZONING APPEALS Meeting Minutes June 24, 2013 feet to 18 feet. Mr. Moore stated that an application was submitted for this property and denied several years ago. At this point, Mr. Moore gave a detailed history of this property. The only option is for a parking pad reduction. In this situation, failure to approve the variance would constitute an unconstitutional taking of this owner’s property and would be a denial of their property rights to use the property as it was intended to be used. Mr. Moore stated that the tree would be replaced elsewhere and the utility box and light pole relocated. Mr. Moore pointed out other front parking pads located on Frasier Street. Ms. Grant confirmed the size of the parking pad to be 18x18 which includes no green space. Mrs. Barber confirmed this unit to be a 3 bedroom, and the request for an 18x18 parking pad to accommodate 2 vehicles. A 9x18 parking pad is unacceptable because it limits parking to a single vehicle. The following people spoke in opposition: Kappy Kelly, HOA representative, presented a petition with 34 signatures (Exhibit “A”). Their goal is to maintain the overall appearance, continuity and community feel of the neighborhood. Ms. Kelly pointed out that several of the parking pads in existence are not a part of the homeowner’s association. Joel Larkin with Sams, Larkin & Huff represents the Frasier Circle HOA. Mr. Larkin feels that the investor is seeking to profit from the neighborhood and does not present a hardship. It is possible that the investor would turn the property into an amenity. At this time, Joel Larkin submitted the Constitutional Objection (Exhibit “B”). Logan and Katie Webber, residents of 766 Frasier Circle own property next door. He stated that this violates the master plan of the neighborhood and creates a safety hazard if cars are within the sidewalk. E.J. Wys, owner of 772 Frasier Circle, stated that he has not been contacted by anyone. Melissa Jones, a resident of 741 Frasier Circle, is concerned that the parking pad will create an eyesore. Viva Price, a resident of 783 Frasier Circle, mentioned that the parking pads that are literally in the front door are not a part of the HOA and was built by someone else. Ms. Price also expressed concern for safety of the children in the neighbor. Bo Hall, a resident of 748 Frasier Circle, is concerned about the safety of his children. Ryan Hall, Bo Hall’s son, stated that the parking pad would take away from the beauty of the property. Mr. Moore understands that people do not want to see changes to their neighborhood or a parking pad; however, the application is not about a parking pad but a variance to City of Marietta Page 6 Printed on 7/2/2013 12:15:04PM BOARD OF ZONING APPEALS Meeting Minutes June 24, 2013 reduce the pad from 20’ to 18’. A variance request is not about profit or no profit. The hardship is that the applicant cannot comply with the ordinance. Sean Rasmus, owner of Rasmus Real Estate, gave a brief history of the property and his involvement with the bank, HOA and Ms. Kelly. The applicant, homeowner and investor, Stephanie Blair, was not in attendance; however, there is an interest from the HOA to purchase the property. Mr. Roth explained to Ms. Grant that the process of using the property as a clubhouse would require obtaining a variance for parking and a Special Land Use Permit from City Council. Mr. Martin questioned Mr. Webber as to whether he had entertained the idea of purchasing this property and Mr. Webber stated that he had an offer in to the bank through his real estate agent but has not heard back from anyone. Mr. Dye asked if adding one car would downgrade the neighborhood and Mr. Webber stated that it would. Mrs. Barber confirmed that the depth of the front porch is 5’ or 6’. The public hearing was closed. Ms. Grant made a motion to deny the variance, seconded by Mr. Lowman. The motion carried 7 – 0 – 0. A motion was made by Board member Susan Grant, seconded by Board member J. K. Lowman, that this matter be Denied . The motion carried by the following vote: 7–0–0 ADJOURNMENT: Mr. Lowman made a motion, seconded by Mr. Martin, to adjourn the June 24, 2013 Board of Zoning Appeals Meeting at 7:40 p.m. _____________________________ JAMES A. MILLS, CHAIRMAN ______________________________ PATSY BRYAN, SECRETARY City of Marietta Page 7 Printed on 7/2/2013 12:15:04PM