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, July 25, 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 Rusty Roth, Planning & Zoning Manager Shelby Winkles, Zoning Administrator Daniel White, City Attorney Ines Embler, Secretary to the Board CALL TO ORDER: Chairman Mills called the July 25, 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: 20160694 June 27, 2016 Board of Zoning Appeals Meeting Minutes Review and Approval of the June 27, 2016 Board of Zoning Appeals Meeting Minutes. Ms. Barber made a motion, seconded by Mr. Van Buren that the June 27, 2016 Board of Zoning Appeals meeting minutes be approved. The Motion carried 7-0-0. A motion was made by Board member Barber, seconded by Board member Van Buren, that this Minutes be Approved and Finalized. The motion CARRIED by the following vote. Absent: 0 Vote For: 7 VARIANCES: 20160237 V2016-10 [VARIANCE] BONG HONG City of Marietta Page 1 Printed on 7/26/2016 1:01:46PM BOARD OF ZONING APPEALS Meeting Minutes July 25, 2016 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. There was no opposition to this variance. Mr. Hong and Mr. Hoeptner were unable to provide the board members exact measurements for the windows and the building as was requested by the Board Members at the previous meeting. Mr. Hoeptner stated that he misunderstood the previous request of the Board thinking that the measurements needed were for Minks sign rather than the entire building and each window measurement. Ms. Barber explained that they need exact measurements for each window, width, length and height as well as the building measurements; width, length and height of each side of the building in order to be able to properly determine if they are at 50% of the window face and if the wall signage is at 15%. Mr. Van Buren explained that windows covered with plain shade do not require a permit; it is the advertising on the windows that is the problem. Chairman Mills suggested they communicate with Staff ahead of the meeting in order to have ample time to review the new material before the meeting date. The public hearing was closed. A motion was made by Mr. Van Buren to table this request to the August meeting and waive the re-advertising fee in order for the applicant to return with more specific 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 20160618 V2016-33 [VARIANCE] BRAD RESPESS (BONNER BUCHANAN CUSTOM HOMES) V2016-33 [VARIANCE] BRAD RESPESS (BONNER BUCHANAN CUSTOM HOMES) is requesting a variance for property located in Land Lot City of Marietta Page 2 Printed on 7/26/2016 1:01:46PM BOARD OF ZONING APPEALS Meeting Minutes July 25, 2016 1087, District 16, Parcel 0360, 2nd Section, Marietta, Cobb County, Georgia and being known as 548 Church Street. Variance to reduce the side setback for an accessory structure from 10’ to 0.’ Ward 4B. A public meeting was held. Mr. Brad Respess, presented a request for a variance to reduce the side setback for an accessory structure from 10’ to 0. There was no opposition to this variance. Mr. Leskoven asked for information on the exaction location of the proposed accessory structure and Mr. Respess explained satisfactorily. Ms. Barber asked if the neighbor who submitted the letter is the one on the property line directly affected by the setback reduction and Mr. Respess affirmed. The public hearing was closed. A motion was made by Mr. Hunter to grant the application for a variance to reduce the side setback for an accessory structure from 10’ to 0’, 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 Ms. Barber. The Motion carried 7-0-0. A motion was made by Board member Hunter, seconded by Board member Barber, that this Variance be Approved and Finalized. The motion CARRIED by the following vote. Absent: 0 Vote For: 7 20160619 V2016-34 [VARIANCE] MARIETTA I-75 IND. PROP. INC. V2016-34 [VARIANCE] MARIETTA I-75 IND. PROP. INC. is requesting variances for properties located in Land Lots 997 & 1020, District 16, Parcels 0170 & 0100, 2nd Section, Marietta, Cobb County, Georgia and being known as 883 & 879 Pickens Industrial Drive. Variance to increase the allowable height for a fence from 4’ to 6’ plus barbed wire along Pickens Industrial Drive and Allgood Road; variance to allow a chain link fence in the front yard. Ward 6A. A public meeting was held. Mr. Jim Freeman, presented a request for a variance to increase the allowable height for a fence from 4’ to 6’ plus barbed wire fence along Pickens Industrial Drive and Allgood Road; variance to allow a chain link fence in the front yard. There was no opposition to this variance. Mr. Freeman explained that this area is a high theft area and in order for them to operate a business in that complex they need to secure the building and its’ inventory with every measure possible. He said they have had nineteen thefts since 2012 and provided the Board Members with copies of the police reports. City of Marietta Page 3 Printed on 7/26/2016 1:01:46PM BOARD OF ZONING APPEALS Meeting Minutes July 25, 2016 The board members asked questions pertaining to the need for barb wire and why the fence was not included with the original plans. Mr. Freeman explained the situation with the barb wire stating that it may not keep the theft from occurring but the more security you have in place the more of a deterrent. He provided the Board Members with an approved engineering site plan that includes the fence and stated that the fence company has a six week to three month backlog and that is why they were unable to erect the fence prior to the C.O. The public hearing was closed. A motion was made by Mr. Van Buren to grant the application for a variance to increase the allowable height for a fence from 4’ to 6’ plus barbed wire fence along Pickens Industrial Drive and Allgood Road; variance to allow a chain link fence in the front 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. Clark. Chairman Mills and Mr. Lowman opposed. The Motion carried 5-2-0. A motion was made by Board member Van Buren, seconded by Board member Clark, that this Variance be Approved and Finalized. The motion CARRIED by the following vote. Absent: 0 Vote For: 5 Vote Against: 2 20160620 V2016-35 [VARIANCE] AARON B. PAREIGIS V2016-35 [VARIANCE] AARON B. PAREIGIS is requesting a variance for property located in Land Lot 216, District 17, Parcel 0380, 2nd Section, Marietta, Cobb County, Georgia and being known as 425 Wright Street. Variance to allow gravel as an acceptable parking surface. Ward 3A. A public meeting was held. Mr. Pareigis and Mr. Ayala, presented a request for a variance to allow gravel as an acceptable parking surface. There was no opposition to this variance. Their Realtor, Ms. Pfueffer spoke in support of this request. The board members asked questions regarding the slate chips and asked for clarification as to where the gravel will be used as a parking surface. Mr. Pareigis and Mr. Ayala explained and stated that they felt that they were actually refreshing existing gravel, not expanding it. They provided photos showing a history of previous years’ usage of the area in question in comparison to how it looks today. The board members expressed concern over the parking area in relation to the size of the dwelling and stated that if they were to separate by landscape or pavers an area where cars could not park, then the remaining gravel parking would be acceptable. Mr. Pareigis expressed willingness to work with the request of the Board Members. The public hearing was closed. City of Marietta Page 4 Printed on 7/26/2016 1:01:46PM BOARD OF ZONING APPEALS Meeting Minutes July 25, 2016 A motion was made by Chairman Mills to grant the application for a variance to allow gravel as an acceptable parking surface, with the stipulation that the parking area needs to be roped off (or demarcated by landscape timbers, pavers and/or landscaping) on a line extending out from the side of the building and have a ten foot (10’) apron measured from the curb at the street, 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. Lowman. The Motion carried 7-0-0. A motion was made by Board member Mills, seconded by Board member Lowman, that this Variance be Approved as Stipulated. The motion CARRIED by the following vote. Absent: 0 Vote For: 7 20160632 V2016-37 [VARIANCE] U-HAUL V2016-37 [VARIANCE] U-HAUL is requesting a variance for property located in Land Lot 1235, District 16, Parcel 0900, 2nd Section, Marietta, Cobb County, Georgia and being known as 706 Roswell Street. Variance to allow an accessory structure in the front yard. Ward 1A. A public meeting was held. Mr. John Hairsten, presented a request for a variance to allow an accessory structure in the front yard. There was no opposition to this variance. The Board Members asked questions pertaining to the height and location of the temporary structure as well as how secure to the ground it is. Mr. Hairsten answered the questions satisfactorily explaining that the structure is core drilled into the ground and set into concrete, thereby hurricane rated. Mr. Hunter asked how long the temporary structure was for and Mr. Hairsten stated that it’s for the life of the business. The public hearing was closed. A motion was made by Mr. Leskoven to grant the application for a variance to allow an accessory structure in the front yard, 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. Van Buren. The Motion carried 7-0-0. A motion was made by Board member Leskoven, seconded by Board member Van Buren, that this Variance be Approved and Finalized. The motion CARRIED by the following vote. Absent: 0 Vote For: 7 City of Marietta Page 5 Printed on 7/26/2016 1:01:46PM BOARD OF ZONING APPEALS Meeting Minutes July 25, 2016 ADJOURNMENT: The July 25, 2016 meeting of the Board of Zoning Appeals was adjourned at 7:34PM __________________________________ JAMES (JIM) MILLS, CHAIRMAN __________________________________ INES EMBLER, SECRETARY City of Marietta Page 6 Printed on 7/26/2016 1:01:46PM