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, November 28, 2016 6:00 PM City Hall Council Chambers Present: James Mills, J. K. Lowman, Brad N. Leskoven, David Hunter, Ronald Clark and Bobby Van Buren Absent: Justice Barber Staff: Brian Binzer, Development Services Director Shelby Little, Planning & Zoning Administrator Jasmine Chatman, Urban Planner Sarah Hegener, Associate City Attorney Ines Embler, Secretary to the Board CALL TO ORDER: Chairman Mills called the November 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: 20161154 October 31, 2016 Board of Zoning Appeals Meeting Minutes Review and Approval of the October 31, 2016 Board of Zoning Appeals Meeting Minutes. Mr. Lowman made a motion, seconded by Mr. Van Buren that the October 31, 2016 Board of Zoning Appeals meeting minutes be approved. The Motion carried 6-0-0. Ms. Barber was absent. City of Marietta Page 1 Printed on 11/30/2016 8:09:08AM BOARD OF ZONING APPEALS Meeting Minutes November 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: 1 Vote For: 6 VARIANCES: 20161092 V2016-53 [VARIANCE] QUICK FUEL FLEET SERVICES V2016-53 [VARIANCE] QUICK FUEL FLEET SERVICES is requesting a variance for property located in Land Lot 869, District 16, Parcel 0480, 2nd Section, Marietta, Cobb County, Georgia and being known as 1325 Field Parkway. Variance to increase the allowable canopy sign area from 10 square feet to 39 (38.7) square feet for one side. Ward 4B. A public meeting was held. Ms. Marcia Jones, presented a request for a variance to increase the allowable canopy sign area from 10 square feet to 39 (38.7) square feet for one side. There was one (1) in opposition to this variance. Mr. Dudley Field opposed. The board members asked questions pertaining to the location, size and height of the sign and whether a free standing pole sign would be a better option. Ms. Jones explained that due to their location and the way it sits, the most visibility will come off of the height of the canopy and that it is only seen from Bells Ferry Road. Mr. Field opposed to the height of the sign. His property faces the sign. He built an eight (8) foot fence to block light coming in to his property. He would not be opposed to an eight (8) foot height sign. Ms. Jones explained that the current sign is twenty-nine (29) square feet and the new sign will be thirty-eight (38) square feet. Ms. Jones’ rebuttaled that the new signs would be LED instead of the current neon, therefore giving off less light. She stated that they are not amenable to doing a pylon sign. The public hearing was closed. A motion was made by Mr. Hunter to deny the application. It was seconded by Mr. Lowman. The Motion carried 6-0-0. 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: 1 Vote For: 6 City of Marietta Page 2 Printed on 11/30/2016 8:09:08AM BOARD OF ZONING APPEALS Meeting Minutes November 28, 2016 20161093 V2016-54 [VARIANCE] VERNON & YUKIE HOWARD V2016-54 [VARIANCE] VERNON & YUKIE HOWARD are requesting a variance for property located in Land Lot 00080, District 17, Parcel 0040, 2nd Section, Marietta, Cobb County, Georgia and being known as 1435 Cunningham Road. Variance to increase the allowable fence height in the front yard from 4’ to 6;’ Variance to reduce the setback for a fence from 2’ to 0.’ Ward 2B. A public meeting was held. Mr. & Mrs. Vernon and Yuki Howard presented a request for a variance to increase the allowable fence height in the front yard from 4’ to 6;’ variance to reduce the setback for a fence from 2’ to 0.’ There was one (1) in opposition to this variance. Ms. Karen Molahon opposed. Mr. Van Buren asked if he put the fence up himself. Mr. Howard said he had a contractor do it. Mr. Van Buren asked if his contractor was aware of the regulations. Mr. Howard said this was his fault rather than the contractor’s as he gave specific instructions as to height and location to the contractor. Mr. Van Buren asked further questions pertaining to the location of the fence and how it would affect passerbys. Mr. Howard explained and stated that since there used to be a dog park there, people still bring their dogs by and then do not pick up after them. He said he also has a large dog for security and needs the fence that height to avoid problems with the dog possibly jumping over. He feels by leaving the fence up to the property line, it would stop having to pick up after people. Mr. Van Buren asked what kind of dog he owns. Mr. Howard stated that he has a beagle but intends on getting a German Shepherd or similar for protection. Ms. Molahon opposed the height of the fence stating that in twenty-seven (27) years living there they have not had any crime incidents where they’d had to call police. She understands about the dog park situation, but she had not had any problems with people walking their dogs and picking up after them. Her concern with the height is that it would be taller than any other fences on Cunningham Road and feels there is a sight distance problem there. Mr. Howard rebuttaled stating that the pictures he provided shows that there is no sight distance problems. He also showed pictures of different types and sizes of fences along Cunningham Road, some of which are also right up to the property line. He said directly across the street from him there is a six (6) foot fence. Mr. Leskoven asked for clarification to his earlier statement about possible landscaping. Mr. Howard said he would be willing to plant about three (3) feet of landscaping, low profile plants and that he is also planning on staining the fence. The public hearing was closed. A motion was made by Mr. Lowman to deny the application. It was seconded by Mr. Clark. The motion tied. City of Marietta Page 3 Printed on 11/30/2016 8:09:08AM BOARD OF ZONING APPEALS Meeting Minutes November 28, 2016 A motion was made by Mr. Van Buren to grant the application with the stipulation to cut back the fence height to five (5) feet all the way around and allow the setback with the two (2) inches, on the basis that it would 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. It was seconded by Mr. Clark. The Motion carried 5-1-0. Mr. Lowman opposed. A motion was made by Board member Van Buren, seconded by Board member Clark, that this Variance be Approved as Stipulated. The motion CARRIED by the following vote. Absent: 1 Vote For: 5 Vote Against: 1 20161094 V2016-55 [VARIANCE] DALE M. YAKE V2016-55 [VARIANCE] DALE M. YAKE is requesting a variance for property located in Land Lot 1081, District 16, Parcel 0270, 2nd Section, Marietta, Cobb County, Georgia and being known as 513 Kent Terrace. Variance to increase the allowable fence height in the front yard from 4’ to 6.’ Ward 4A. A public meeting was held. Mr. Henry Darby, builder presented a request for a variance to increase the allowable fence height in the front yard from 4’ to 6.’ There was no opposition to this variance. The board members asked questions pertaining to the height of the columns and fence and site plan approvals and Mr. Darby replied satisfactorily. The public hearing was closed. A motion was made by Mr. Hunter to grant the application with the stipulation that the columns be no more than seventy-four (74) inches in height, on the basis that it would 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. It was seconded by Mr. Lowman The Motion carried 6-0-0. A motion was made by Board member Hunter, seconded by Board member Lowman, that this Variance be Approved as Stipulated. The motion CARRIED by the following vote. Absent: 1 Vote For: 6 20161095 V2016-56 [VARIANCE] COMPASS RESIDENTIAL LLC V2016-56 [VARIANCE] COMPASS RESIDENTIAL LLC is requesting a City of Marietta Page 4 Printed on 11/30/2016 8:09:08AM BOARD OF ZONING APPEALS Meeting Minutes November 28, 2016 variance for property located in Land Lot 1234, District 16, Parcel 0230, 2nd Section, Marietta, Cobb County, Georgia and being known as 152 South Avenue. Variance to allow an accessory structure to be closer to the right of way than the principal structure. Ward 1A. A public meeting was held. Ms. Elizabeth Ezrine and Mr. Bruno Cluzel presented a request for a variance to allow an accessory structure to be closer to the right of way than the principal structure. There were two (2) in opposition to this variance. Mr. David Wade and Ms. Kathy Sherlock Scott opposed. The board members asked questions pertaining to the location of the planned model home and whether it would be replacing the current wall and stairs presently there. Ms. Ezrine said the new building would be replacing what is presently there. The board members asked questions pertaining to the parking situation. Ms. Ezrine said there are currenly eight (8) parking spaces on the premises and that the same would remain as they are not taking up new space, they are just replacing an old dilapidated structure with the new model home. She said they will not require additional parking, but if they should they could park next door which is also owned by them. Mr. Van Buren asked what the costs of building this model would be. Mr. Cluzel said the cost was approximately $70,000, not including landscaping and that the total project including renovations for the principal structure would be around $160,000. Mr. Wade opposed stating he would prefer something more service related there. He would like to see the property used as commercial venture. Ms. Scott opposed because she doesn’t feel the owners would make adequate improvements and expressed concern over water runoff down to the corner of Jackson Street and Waterman Street. She feels this new structure would cause more of an impervious surface. Ms. Ezrine rebuttaled saying that they plan to renovate the entire property and will fit in with the neighborhood. She was not aware of any runoff issues and said the new building would not create any issues with runoff. The board members asked how temporary would this model home be and what they would do with the space when they take down the model home. Ms. Ezrine said they would like to keep it as long as they need to; that they would only need a model as long as they have enough built that people know what they are. They would create an oasis of vegetation once the temporary model home is removed. The public hearing was closed. A motion was made by Mr. Leskoven to grant the application with the stipulation that a minimum of eight (8) parking spaces be striped on that one individual parcel, on the basis that it would 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. It was seconded by Mr. Hunter. The Motion carried 6-0-0. A motion was made by Board member Leskoven, seconded by Board member Hunter, that this Variance be Approved as Stipulated. The motion CARRIED by City of Marietta Page 5 Printed on 11/30/2016 8:09:08AM BOARD OF ZONING APPEALS Meeting Minutes November 28, 2016 the following vote. Absent: 1 Vote For: 6 20161096 V2016-57 [VARIANCE] STEPHANIE PEREIRA RODRIGUES V2016-57 [VARIANCE] STEPHANIE PEREIRA RODRIGUES is requesting a variance for property located in Land Lot 1164, District 16, Parcel 0330, 2nd Section, Marietta, Cobb County, Georgia and being known as 788 Toliver Street. Variance to reduce the required setbacks for an attached accessory structure to be within 2 feet 10 inches of the side property line. Ward 5A. A public meeting was held. Mr. Haecio Rodrigues presented a request for a variance to reduce the required setbacks for an attached accessory structure to be within 2 feet 10 inches of the side property line. There was no opposition to this variance. Mr. Clark asked if he checked with code enforcement for regulations before he built his carport. He said he did not and explained that it was a mistake on his part; as first time homeowners they relied on advice of someone who told them they didn’t need any permits and later disappeared so he got stuck with the situation. The board members asked questions pertaining to runoff and the adjoining property and Mr. Rodrigues explained satisfactorily. The board members asked questions regarding the location of the current gutters. Mr. Rodrigues said there are gutters along the back side of the carport and it goes straight out across the back of the house. The public hearing was closed. A motion was made by Mr. Clark to grant the application with the stipulations that a gutter be added to the front of the carport to direct water runoff and that the carport be painted, on the basis that it would 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. It was seconded by Mr. Van Buren. The Motion carried 6-0-0. A motion was made by Board member Clark, seconded by Board member Van Buren, that this Variance be Approved as Stipulated. The motion CARRIED by the following vote. Absent: 1 Vote For: 6 20161104 V2016-58 [VARIANCE] KASSIE JONES (RON LESTER) V2016-58 [VARIANCE] KASSIE JONES (RON LESTER) is requesting a variance for property located in Land Lot 1229, District 16, Parcel 0440, 2nd City of Marietta Page 6 Printed on 11/30/2016 8:09:08AM BOARD OF ZONING APPEALS Meeting Minutes November 28, 2016 Section, Marietta, Cobb County, Georgia and being known as 167 Maxwell Avenue. Variance to reduce the rear setback from 30’ to 20.’ Ward 3A. A public meeting was held. Mr. Ron Lester and Ms. Cassie Jones presented a request for a variance to reduce the rear setback from 30’ to 20.’ There were two (2) in opposition to this variance. Mr. Chris Cage and Ms. Joanne Cole opposed. The board members asked how much the house was going to extend, if there is a basement and if he is building on to the existing house. Mr. Lester said it would extend the entire ten (10) feet into the rear setback and that there is a basement. He said they are tearing down the existing house and building new. Mr. Cage opposed stating that when Mr. Lester approached him verbally to gauge his interest in allowing the setback he told him he would council with people. After speaking with real estate professionals and legal people it is his opinion that he would like the request denial based on the fact that the structure he is describing would be closer to twenty-eight to thirty (28-30) feet in height and the back of the structure would be facing his house. He feels this twenty (20) foot easement would have a negative impact on his property value. The board asked Mr. Cage questions regarding his concerns and why he felt that this would affect his property values. Mr. Cage explained that his decision is based on the opinion of experts in the field so in order to protect his investment he requests that the setback remain at thirty (30) feet. Ms. Cole opposed because she experienced a similar situation with her house where the house next door to hers encroaches on her property and she is concerned that the same thing would happen to Mr. Cage. Chairman Mills asked how it encroaches on her property and she stated that there is a big tree in a small buffer that encroaches onto her property. She is more concerned for the community and quality of life vs. property values. Mr. Lester rebuttaled by explaining further the dimensions of the house and said that the pitch of the gable roof on the area that would be closest to his house is not as wide. The public hearing was closed. A motion was made by Mr. Mills to grant the application as submitted, 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 5-1-0. Mr. Clark opposed. A motion was made by Board member Mills, seconded by Board member Lowman, that this Variance be Approved and Finalized. The motion CARRIED by the following vote. Absent: 1 Vote For: 5 City of Marietta Page 7 Printed on 11/30/2016 8:09:08AM BOARD OF ZONING APPEALS Meeting Minutes November 28, 2016 Vote Against: 1 ADJOURNMENT: The November 28, 2016 meeting of the Board of Zoning Appeals was adjourned at 7:54PM __________________________________ JAMES (JIM) MILLS, CHAIRMAN __________________________________ INES EMBLER, SECRETARY City of Marietta Page 8 Printed on 11/30/2016 8:09:08AM