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 Brad N. Leskoven, Ward 1 David Hunter, Ward 4 Ronald Clark, Ward 5 Bobby Van Buren, Ward 6 Justice Barber, Ward 7 Monday, March 28, 2016 6:00 PM City Hall Council Chambers Present: James Mills, J. K. Lowman, Brad N. Leskoven, David Hunter, Bobby Van Buren Absent: Ronald Clark and Justice Barber Staff: Brian Binzer, Development Services Director Rusty Roth, Development Services Manager Jasmine Chatman, Urban Planner Daniel White, City Attorney Ines Embler, Secretary to the Board CALL TO ORDER: Chairman Mills called the March 28, 2016 meeting of the Board of Zoning Appeals to order at 6:00 PM. Chairman Mills explained the rules and procedures used in conducting the public hearings. MINUTES: 20160227 February 29, 2016 Board of Zoning Appeals Meeting Minutes Review and Approval of the February 29, 2016 Board of Zoning Appeals Meeting Minutes. Mr. Lowman made a motion, seconded by Mr. Van Buren that the February 29, 2016 Board of Zoning Appeals meeting minutes be approved. The Motion carried 5-0-0. Mr. Clark and Ms. Barber were absent. City of Marietta Page 1 Printed on 3/29/2016 9:50:25AM BOARD OF ZONING APPEALS Meeting Minutes March 28, 2016 A motion was made by Board member Lowman, seconded by Board member Van Buren, that this Minutes be Approved and Finalized . The motion CARRIED by the following vote. Absent: 2 Vote For: 5 VARIANCES: 20160165 V2016-08 [VARIANCE] VENTURE HOMES, INC. V2016-08 [VARIANCE] VENTURE HOMES, INC. is requesting variances for property located in Land Lot 578, District 17, Parcel 0090, 2nd Section, Marietta, Cobb County, Georgia and being known as 445 Franklin Gateway. Variance to decrease the required lot width from 100 feet to 86 feet; variance to decrease the side setback along the north property line from 15 feet to 10 feet; variance to reduce the required number of parking spaces from 23 spaces to 20 spaces; variance to reduce the interior drive width from 20 feet to 18 feet. Ward 7A. A public meeting was held. Mr. Robert C. White, the owner of Venture Homes, presented a request for a variance to decrease the required lot width from 100 feet to 86 feet; variance to decrease the side setback along the north property line from 15 feet to 10 feet; variance to reduce the required number of parking spaces from 23 spaces to 20 spaces; variance to reduce the interior drive width from 20 feet to 18 feet in order build an office building for his company. There was one opposition to this variance. Ms. Julie Sellers, attorney for Crown Georgia I, LLC opposed. Mr. White explained that due to Fire Department regulations pertaining to radius, they have reduced the variance request for parking spaces to 19. Mr. Van Buren and Mr. Hunter asked for clarification as to how many spaces he would now need; if this building would be for office space; how many employees they currently have and how many spaces they would need to allow for growth. Mr. White affirmed that they are now requesting to reduce the parking spaces from 23 to 19. He explained that he asked the neighboring companies about sharing parking for overflow and that Applebees and the hotel that are adjacent had no problem with him building an office on the site, but they are not interested in sharing parking. This building would be his office. He said they currently have thirteen (13) employees. Many are not at the office regularly, but he would still like to have enough parking available for when they are there. He said that eighteen to twenty (18-20) employees would be a lot a growth for him. Ms. Julie Sellers, attorney with Pursley Friese Torgrimson, representing Crown Georgia I, LLC opposed. Her client is the adjacent property owner. They own the office park next door. She stated that for variances in the City of Marietta the applicant needs to show some sort of hardship and they don’t feel that a hardship is City of Marietta Page 2 Printed on 3/29/2016 9:50:25AM BOARD OF ZONING APPEALS Meeting Minutes March 28, 2016 present here. They feel that this is a development that is trying to fit a square peg into a round hole. It’s a small narrow site, but the building that the applicant is proposing is a large building for the site and they are unable to develop the site to accommodate their needs. She stated that some of the concerns, which are stated in a letter they sent Mr. Mills, Chairman on March 22, 2016, are the parking. The property owner was approached to see if there was some willingness to enter into some kind of shared parking agreement and they do not agree to that and are not interested in losing some of their spaces to accommodate the development of this narrow parcel. She also expressed concern over storm water as their property is slightly down sloped. She said that with the amount of paving that is going in there, there would have to be substantial storm water detention in order to avoid issues. She requested that the Board deny the application. Mr. Van Buren and Mr. Hunter asked if the biggest issue was with parking and storm water followed by the building being too close to their property line and she agreed stating that parking was one of the biggest concerns because they did reach out and ask about a shared parking agreement. She stated that pushing the building closer to their property line was also a concern. Mr. White rebutted saying storm water would be handled in accordance to City code. Overflow parking would not be an issue, they simply asked them as they asked Applebee’s and the hotel if they could purchase an agreement that would help, but they are fairly close to the number the City requires for parking spaces. He stated that having a five (5) foot variance is not uncommon and they would be willing to address a landscape buffer. Mr. Van Buren asked about the current landscaping on the site and Mr. White explained, stating that there are trees on both sides of the property line. They do not want to remove any unnecessary landscaping and plan on leaving anything practical. Mr. Van Buren asked if he was having parking problems at his current office and Mr. White stated that he does not have any parking issues at his current location, that it’s his inside space that they have outgrown. The public hearing was closed. A motion was made by Mr. Van Buren, with stipulations, to grant the application on the basis that it would not be detrimental or injurious to the property or the improvements in the vicinity of the development or to the public health, safety or general welfare. It was seconded by Mr. Lowman. The Motion carried 4-1-0. Mr. Leskoven opposed. Stipulations: 1. The turning radius is within 35 feet as required by the Fire Department regulations. 2. Reduce the required number of parking spaces from 23 spaces to 19 spaces. 3. A buffer to be built between their building and the building on the north, Crown Building. 4. Address inter-departmental concerns during site development plan review. A motion was made by Board member Van Buren, seconded by Board member Lowman, that this Variance be Approved as Stipulated. The motion CARRIED by the following vote. Absent: 2 Vote For: 4 Vote Against: 1 City of Marietta Page 3 Printed on 3/29/2016 9:50:25AM BOARD OF ZONING APPEALS Meeting Minutes March 28, 2016 20160166 V2016-09 [VARIANCE] MALONE’S AUTOMOTIVE V2016-09 [VARIANCE] MALONE’S AUTOMOTIVE is requesting a variance for property located in Land Lot 1206, District 16, Parcel 0080, 2nd Section, Marietta, Cobb County, Georgia and being known as 1912 Lower Roswell Road. Variance to reduce the minimum lot size required for automobile sales. Ward 6A. A public meeting was held. Mr. Garvis L. Sams, with the law firm of Sams, Larkin, Huff & Balli, LLP, representing the applicant, presented a request for a variance to reduce the minimum lot size required for automobile sales in order to build a luxury auto dealership. There was no opposition to this variance. Mr. Sams, stated that the property is a 0.86 acre tract and that the average selling price of vehicles is $30,000. They were able to generate $23,000,000 in sales in 2015. They employ approximately twenty (20) people and that it fluctuates from time to time. He said the proposed building will be around 2400 square feet and that QuikTrip next door is excited to have Malone’s Automotive as a neighbor. Mr. Van Buren asked if the building will be bigger than the current building, and Mr. Sams said it would be smaller. Mr. Van Buren asked how many cars will fit on the lot and Mr. Sams stated that they will comply with the City’s parking regulations. Mr. Van Buren asked if there are any storage tanks still under ground. Mr. Sams stated that they are still on the site and that part of the conditions of Mr. Malone’s purchase contract is to allow the variance and also that it passes phase 1 and 2 of the environmental assessment of the site. The public hearing was closed. A motion was made by Mr. Van Buren to grant the application, with the stipulations stated in the letter from Sams, Larkin, Huff & Balli, dated March 24, 2016, on the basis that it would not be detrimental or injurious to the property or the improvements in the vicinity of the development or to the public health, safety or general welfare. It was seconded by Mr. Van Buren. The Motion carried 5-0-0. A motion was made by Board member Van Buren, seconded by Board member Leskoven, that this Variance be Approved subject to the letter of stipulations dated March 24, 2016 from Garvis L. Sams, Jr. The motion CARRIED by the following vote. Absent: 2 Vote For: 5 City of Marietta Page 4 Printed on 3/29/2016 9:50:25AM BOARD OF ZONING APPEALS Meeting Minutes March 28, 2016 ADJOURNMENT: The March 28, 2016 meeting of the Board of Zoning Appeals was adjourned at 6:39PM __________________________________ JAMES (JIM) MILLS, CHAIRMAN __________________________________ INES EMBLER, SECRETARY City of Marietta Page 5 Printed on 3/29/2016 9:50:25AM