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, June 27, 2016 6:00 PM City Hall Council Chambers Present: James Mills, J. K. Lowman, Brad N. Leskoven, David Hunter, Ronald Clark, Bobby Van Buren and Justice Barber Staff: Brian Binzer, Development Services Director Daniel White, City Attorney Ines Embler, Secretary to the Board CALL TO ORDER: Chairman Mills called the June 27, 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: 20160592 May 23, 2016 Board of Zoning Appeals Meeting Minutes Review and Approval of the May 23, 2016 Board of Zoning Appeals Meeting Minutes. Mr. Van Buren made a motion, seconded by Mr. Leskoven that the May 23, 2016 Board of Zoning Appeals meeting minutes be approved. The Motion carried 7-0-0. A motion was made by Board member Van Buren, seconded by Board member Leskoven, that this Minutes be Approved and Finalized. The motion CARRIED by the following vote. Absent: 0 Vote For: 7 City of Marietta Page 1 Printed on 6/28/2016 2:38:02PM BOARD OF ZONING APPEALS Meeting Minutes June 27, 2016 VARIANCES: 20160237 V2016-10 [VARIANCE] BONG HONG V2016-10 [VARIANCE] BONG HONG is requesting variances for property located in Land Lot 858, District 17, Parcel 0080, 2nd Section, Marietta, Cobb County, Georgia and being known as 2565 Delk Road. Variance to allow more than 50% of the windows containing signage account for more than 50% of the window face; variance to allow wall signage cover more than 15% and/or 5% of the wall face. Ward 6A. A public meeting was held. Mr. Hong and Mr. Hoeptner, presented a request for a Variance to allow more than 50% of the windows containing signage account for more than 50% of the window face; variance to allow wall signage cover more than 15% and/or 5% of the wall face. The board members asked questions pertaining to the percentage requirements and whether they have thought about tinted covering without drawings. Mr. Hong and Mr. Hoeptner explained that their window coverings are actually very expensive magazine quality art work with a value of about $2700 per window and they would prefer to keep the windows covered with the art work than to use plain window tint. Mr. Hoeptner stated that they can probably reduce the window coverings to 69%. Mr. Hoeptner approached the bench and provided the board members with new pictures. Mr. Hoeptner explained that there are currently three (3) windows not covered and there are six (6) additional windows that can be uncovered. The board members asked if those additional six (6) windows were uncovered, what would be the percentages of windows covered and Mr. Hoeptner and Mr. Hong were unable to provide the board members with accurate numbers. The public hearing was closed. A motion was made by Mr. Van Buren to table this request to the July meeting and waive the re-advertising fee in order for the applicant to meet with staff and determine the proper measurements and percentages. It was seconded by Mr. Lowman. Ms. Barber asked Chairman Mills if he would open the floor to ask if there were any opposition. Chairman Mills asked the audience if there was anyone in opposition and there were none. A second motion was made by Mr. Van Buren to table this request to the July meeting and waive the re-advertising fee in order for the applicant to meet with staff and determine the proper measurements and percentages. It was seconded by Mr. Lowman. The Motion carried 7-0-0. A motion was made by Board member Van Buren, seconded by Board member Lowman, that this Variance be Tabled. The motion CARRIED by the following vote. Absent: 0 Vote For: 7 City of Marietta Page 2 Printed on 6/28/2016 2:38:02PM BOARD OF ZONING APPEALS Meeting Minutes June 27, 2016 20160331 V2016-16 [VARIANCE] LEE JARAYSI V2016-16 [VARIANCE] LEE JARAYSI is requesting variances for property located in Land Lot 578, District 17, Parcel 0020, 2nd Section, Marietta, Cobb County, Georgia and being known as 585 Franklin Gateway. Variance to allow more than 50% of the windows containing signage account for more than 50% of the window face; variance to allow wall signage cover more than 15% and/or 5% of the wall face. Ward 7A. A public meeting was held. Mr. Mohamed, presented a request for a variance to allow more than 50% of the windows containing signage account for more than 50% of the window face; variance to allow wall signage cover more than 15% and/or 5% of the wall face. There was no opposition to this variance. Mr. Mohamed provided the board members with pictures showing that they have removed some of the window signage and replaced it with plain white covering. Ms. Barber confirmed with staff that white plain covering is acceptable without counting toward signage and Mr. Binzer affirmed that plain covering does not count against their signage, unless it’s integral to a logo or something similar. Ms. Barber stated that with the new solid coverings, the applicant no longer needs the variance to allow more than 50% of the windows containing signage account for more than 50% of the window face, but would still need a variance to allow wall signage cover more than 15% and/or 5% of the wall face. Mr. Mohamed explained the dimensions of the building face square footage and the dimensions of the signs at his location. Mr. Leskoven asked if he believed his windows are now under 15% and Mr. Mohamed affirmed. The public hearing was closed. A motion was made by Ms. Barber to grant the application for a variance to allow more than 50% of the windows to have signage, with the stipulation that the variance is only for the windows that currently have signage, which does not include the half-moon window and a variance to allow wall signage up to 25% of wall face, 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. Chairman Mills and Mr. Leskoven opposed. The Motion carried 5-2-0. A motion was made by Board member Barber, seconded by Board member Van Buren, that this Variance be Approved as Stipulated. The motion CARRIED by the following vote. Absent: 0 Vote For: 5 Vote Against: 2 City of Marietta Page 3 Printed on 6/28/2016 2:38:02PM BOARD OF ZONING APPEALS Meeting Minutes June 27, 2016 20160468 V2016-24 [VARIANCE] DAVID HESTER V2016-24 [VARIANCE] DAVID HESTER is requesting a variance for property located in Land Lots 1069 and 1092, District 16, Parcel 0030, 2nd Section, Marietta, Cobb County, Georgia and being known as 598 Wilshire Avenue. Variance to allow a black, vinyl-coated chain link fence in the front and major side yard. Ward 5B. A public meeting was held. Mr. Hester, presented a request for a Variance to allow a black, vinyl coated chain link fence in the front and major side yard. There was no opposition to this variance. Mr. Clark asked if he has received any feedback from surrounding neighbors. Mr. Hester stated that most everybody that has come by to speak with them has said that it looks really good and they like it. The public hearing was closed. A motion was made by Mr. Clark to grant the application for a variance to allow a black, vinyl coated chain link fence in the front and major side yard, 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 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. Absent: 0 Vote For: 7 20160470 V2016-25 [VARIANCE] STEPHEN E. TURNER V2016-25 [VARIANCE] STEPHEN E. TURNER is requesting variances for property located in Land Lot 1228, District 16, Parcel 0650, 2nd Section, Marietta, Cobb County, Georgia and being known as 54 Whitlock Drive. Variance to reduce the rear setback from 30’ to 15’; variance to reduce the side setback from 10’ to 9.5’ for the existing structure. Ward 3A. A public meeting was held. Mr. Turner, presented a request for a Variance to reduce the rear setback from 30’ to 15’; variance to reduce the side setback from 10’ to 9.5’ for the existing structure. There was no opposition to this variance. City of Marietta Page 4 Printed on 6/28/2016 2:38:02PM BOARD OF ZONING APPEALS Meeting Minutes June 27, 2016 There were no questions by the board members. The public hearing was closed. A motion was made by Chairman Mills to grant the application for a variance to reduce the rear setback from 30’ to 15’ and a variance to reduce the side setback from 10’ to 9.5’ for the existing structure, on the basis that exceptional or extraordinary circumstances or conditions are applicable to the development of the site that do not apply generally to sites in the same zoning district. It was seconded by Mr. Hunter. The Motion carried 7-0-0. A motion was made by Board member Mills, seconded by Board member Hunter, that this Variance be Approved and Finalized. The motion CARRIED by the following vote. Absent: 0 Vote For: 7 20160471 V2016-26 [VARIANCE] CHICK-FIL-A (CLAYTON SIGNS) V2016-26 [VARIANCE] CHICK-FIL-A (CLAYTON SIGNS) is requesting a variance for property located in Land Lot 852, District 17, Parcel 0160, 2nd Section, Marietta, Cobb County, Georgia and being known as 2661 Windy Hill Road. Variance to increase the allowable height of a monument sign along South Park Place from 8’ to 15’; variance to increase the allowable structure area of a monument sign on a local road from 30 sq. ft. to 45 sq. ft. Ward 7A. A public meeting was held. Mr. Reed and Mr. Guest, presented a request for a Variance to increase the allowable height of a monument sign along South Park Place from 8’ to 15’; variance to increase the allowable structure area of a monument sign on a local road from 30 sq. ft. to 45 sq. ft. There was no opposition to this variance. The board members asked questions pertaining to the location of the sign as well as proposed dimensions in relation to the current dimensions. Mr. Reed and Mr. Guest answered the questions satisfactorily and explained that they are not asking to increase the square footage of the sign, they only want to raise it for visibility and safety to motorist. Mr. Guest explained in more detail the calculations for the base of the sign and determined that they would actually need to increase the dimension of the structure area to almost 50 sq. feet for everything to be proportional. The public hearing was closed. A motion was made by Ms. Barber to grant the application for a variance to increase the allowable height of a monument sign along South Park Place from 8’ to 15’ and a variance to increase the allowable structure area of a monument sign on a local road from 30 sq. ft. to 50 sq. ft. on the basis that exceptional or extraordinary circumstances or conditions are applicable to the development of the site that do not apply generally to sites in the same zoning district. It was seconded by Mr. Leskoven. The Motion carried 7-0-0. City of Marietta Page 5 Printed on 6/28/2016 2:38:02PM BOARD OF ZONING APPEALS Meeting Minutes June 27, 2016 A motion was made by Board member Barber, seconded by Board member Leskoven, that this Variance be Approved and Finalized. The motion CARRIED by the following vote. Absent: 0 Vote For: 7 20160472 V2016-27 [SPECIAL LAND USE PERMIT] FLORESTINA R. BURKE-DAVIS V2016-27 [SPECIAL LAND USE PERMIT] FLORESTINA R. BURKE-DAVIS is requesting a Special Land Use Permit for a personal care home with 9 residents and 2 staff at property located in Land Lot 1090, District 16, Parcel 0040, 2nd Section, Marietta, Cobb County, Georgia and being known as 574 Allgood Road. Ward 4B. A public meeting was held. Ms.Burke-Davis, presented a request for a Special Land Use Permit for a personal care home with 9 residents and 2 staff at property. There were 5 in opposition to this variance and 3 spoke. Ms. Ronda Kelli Valler, Alyssa Collins and Katie Urquhart spoke in opposition. Mr. Binzer, Staff, explained to Ms. Burke-Davis the recent changes to the City Code for requirements to personal care homes, stating that the City changed the allowed residents to three (3) from the current four (4), but that she would be grandfathered in for the four (4) residents she currently has. The board members asked if she had submitted any plans to the City for her new improvements and Ms. Burke-Davis stated that she has submitted plans and was told she could not get a permit unless a Special Land Use permit was granted. Ms. Barber asked how many staff members are there currently for the four residents living there and how many she will have if the Board approves the Special Land Use permit. Ms. Burke-Davis stated that she has one (1) during the week and one (1) on the weekend and that with nine (9) residents she will have two (2) staff members at all times on the premises. Ms. Barber asked if she collected any letters in support from neighbors and Ms. Burke-Davis stated that she did not; that she only followed the outline of requirements on the application. Ms. Ronda Kelli Valler, Alyssa Collins and Katie Urquhart opposed stating concerns about running a large business operation in a residential zone. They felt that increasing the residents to nine (9) plus two (2) staff would make this a large business operation and not appropriate for a residential area. They felt that running a large business in their neighborhood would impact property values. Ms. Valler provided the Board Members with a list of additional signatures from neighbors in opposition who were unable to attend the public hearing. Ms. Burke-Davis offered her rebuttal stating that she has no intention of lowering property values and she has spent a lot of money as well fixing up the home so that it City of Marietta Page 6 Printed on 6/28/2016 2:38:02PM BOARD OF ZONING APPEALS Meeting Minutes June 27, 2016 fits well within the neighborhood. She stated that there is never any noise or dangerous situations arising from her home; that she is a registered nurse and takes her profession seriously. The public hearing was closed. A motion was made by Mr. Hunter to deny the application for a special land use permit. It was seconded by Mr. Lowman. The Motion carried 7-0-0. A motion was made by Board member Hunter, seconded by Board member Lowman, that this Variance be Denied. The motion CARRIED by the following vote. Absent: 0 Vote For: 7 20160494 V2016-29 [VARIANCE] MICHAEL RICCIARDI & NATALI TESCHE-RICCIARDI V2016-29 [VARIANCE] MICHAEL RICCIARDI & NATALI TESCHE-RICCIARDI are requesting a variance for property located in Land Lot 1088, District 16, Parcel 0330, 2nd Section, Marietta, Cobb County, Georgia and being known as 167 Freyer Drive. Variance to reduce the side yard setback for an unenclosed carport from 5’ to 4.5.” Ward 4B. A public meeting was held. Mr. Ricciardi, presented a request for a Variance to reduce the side yard setback for an unenclosed carport from 5’ to 4.5.” There was no opposition to this variance. Mr. Ricciardi approached the bench and handed the Board members a packet of information that addressed any stormwater concerns and proceeded to go over the packet in detail. The board members asked about the proximity of the carport to the fence and whether the overhang was over the fence. Mr. Ricciardi stated that the overhang is approximately one foot (1’) to the fence, it does not go over the fence. The board members asked if the carport touches the house and Mr. Ricciardi stated that it does and explained that it can be seen on page 8 of the packet. Ms. Barber asked how many feet north is he proposing to push the carport and Mr. Ricciardi stated that it extends approximately four feet (4’) further to the north. The public hearing was closed. A motion was made by Mr. Hunter to grant the application for a variance to reduce the side yard setback for an unenclosed carport from 5’ to 4.5.” with the stipulation that the plans submitted for permitting must provide a detailed exhibit addressing how stormwater runoff will be captured and directed away from the adjacent property, 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. Leskoven. The Motion carried 7-0-0. City of Marietta Page 7 Printed on 6/28/2016 2:38:02PM BOARD OF ZONING APPEALS Meeting Minutes June 27, 2016 A motion was made by Board member Hunter, seconded by Board member Leskoven, that this Variance be Approved as Stipulated . The motion CARRIED by the following vote. Absent: 0 Vote For: 7 20160499 V2016-31 [VARIANCE] AGHDAM MISAGH V2016-31 [VARIANCE] AGHDAM MISAGH is requesting a variance for property located in Land Lots 1278 and 1279, District 17, Parcel 0450, 2nd Section, Marietta, Cobb County, Georgia and being known as 248 Powers Ferry Road. Variance to reduce the minimum lot size required for automobile sales. Ward 7A. A public meeting was held. Mr. Misagh, presented a request for a Variance to reduce the minimum lot size required for automobile sales. There was no opposition to this variance. Mr. Misagh explained that they are wholesalers and do not do any sales to the general public. That they take the cars to mechanic shops to fix them and then send them off to auctions. Mr. Mills asked if they clean cars on the premises and Mr. Misagh stated that they do not. Ms. Barber asked how long he has been at this location and Mr. Misagh stated that they have been there since December 2014. Ms. Barber asked if he has seen the recommendations from Staff and he affirmed and agreed to Staff’s recommendations. The public hearing was closed. A motion was made by Ms. Barber to grant the application for a variance to reduce the minimum lot size required for automobile sales, with four (4) stipulations, on the basis that granting the application is necessary for the prevention of unnecessary hardship. It was seconded by Mr. Lowman. The Motion carried 7-0-0. Stipulations: 1. The business shall continue to be an auto broker, not auto sales. 2. No more than 15 cars may be kept on the property at one time. 3. No retail sales, repair, or detailing work may be conducted on the property. 4. All inventory will be kept to the rear of the structure. A motion was made by Board member Barber, seconded by Board member Lowman, that this Variance be Approved as Stipulated. The motion CARRIED by the following vote. Absent: 0 Vote For: 7 City of Marietta Page 8 Printed on 6/28/2016 2:38:02PM BOARD OF ZONING APPEALS Meeting Minutes June 27, 2016 20160500 V2016-32 [VARIANCE] SQUARE ROOTS GROUP V2016-32 [VARIANCE] SQUARE ROOTS GROUP is requesting a variance for property located in Land Lot 1147, District 16, Parcel 0580, 2nd Section, Marietta, Cobb County, Georgia and being known as 380 North Sessions Street. Variance to reduce the required parking for a restaurant from 4 spaces to 2 spaces. Ward 4B. A public meeting was held. Ms. Katie Pfister, presented a request for a Variance to reduce the required parking for a restaurant from 4 spaces to 2 spaces. There was no opposition to this variance. Ms. Pfister approached the bench and handed the Board members over thirty (30) signatures in support. Staff also received one (1) letter of support by Mr. John Patterson. The public hearing was closed. A motion was made by Mr. Hunter to grant the application for a variance to reduce the required parking for a restaurant from 4 spaces to 2 spaces, with the stipulation that the parking layout be clearly striped and provides the necessary ADA parking space(s), 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 7-0-0. A motion was made by Board member Hunter, seconded by Board member Van Buren, that this Variance be Approved as Stipulated . The motion CARRIED by the following vote. Absent: 0 Vote For: 7 ADJOURNMENT: The June 27, 2016 meeting of the Board of Zoning Appeals was adjourned at 7:37 PM __________________________________ JAMES (JIM) MILLS, CHAIRMAN __________________________________ INES EMBLER, SECRETARY City of Marietta Page 9 Printed on 6/28/2016 2:38:02PM