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 Karen Kirkpatrick, Ward 1 David Hunter, Ward 4 Ronald Clark, Ward 5 Bobby Van Buren, Ward 6 Justice Barber, Ward 7 Monday, February 27, 2017 6:00 PM City Hall Council Chambers Present: James Mills, Karen Kirkpatrick, David Hunter, Ronald Clark and Justice Barber Absent: J. K. Lowman and Bobby Van Buren Staff: Rusty Roth, Acting Development Services Director Jasmine Chatman, Urban Planner Sarah Hegener, Associate City Attorney Ines Embler, Secretary to the Board CALL TO ORDER: Chairman Mills called the February 27, 2017 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: 20170155 January 30, 2017 Board of Zoning Appeals Meeting Minutes Review and Approval of the January 30, 2017 Board of Zoning Appeals Meeting Minutes. Mr. Hunter made a motion, seconded by Ms. Barber that the January 30, 2017 Board of Zoning Appeals meeting minutes be approved. The Motion carried 5-0-0. Mr. Lowman and Mr. Van Buren were absent. A motion was made by Board member Hunter, seconded by Board member City of Marietta Page 1 Printed on 3/1/2017 1:40:15PM BOARD OF ZONING APPEALS Meeting Minutes February 27, 2017 Barber, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 2 Vote For: 5 VARIANCES: 20170079 V2017-07 [VARIANCE] ROSALBA CARMONA V2017-07 [VARIANCE] ROSALBA CARMONA is requesting variances for property located in Land Lot 504, District 17, Parcel 0300, 2nd Section, Marietta, Cobb County, Georgia and being known as 321 Martin Court. Variance to allow a nonconforming building be expanded; variance to reduce the side yard setback from 15’ to 2;’ request to remove the stipulation from V-93006 to allow the carport be enclosed. Ward 1A. A public meeting was held. Mr. John Glymph presented a request for a variance to allow a nonconforming building be expanded; variance to reduce the side yard setback from 15’ to 2;’ request to remove the stipulation from V-93006 to allow the carport be enclosed. There was one (1) in opposition to this variance. Mr. Randall Thomas opposed. The board members asked questions regarding use, hookups, esthetics and access. Mr. Glymph explained that the enclosure will only be used for storage. There is no electric or water hookups or any type of temperature control. He stated that there is no direct access from inside the house. The only entry/egress is through the front and back of enclosure. He is planning on painting the enclosure to match the house. Mr. Randall Thomas opposed. He lives next door at 329 Martin Ct and cited a variance with a restrictive covenant that was issued in 1993 by the Board of Zoning Appeals, which states that a carport at 321 Martin Ct can never be enclosed as living space. His primary objection is the concern that the enclosure will end up being used as living space, which he feels will diminish his property values. The public hearing was closed. A motion was made by Ms. Kirkpatrick to grant the application with the following two (2) variances and a stipulation that the house and enclosure be painted to match, 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 Ms. Barber. The Motion carried 4-1-0. Mr. Hunter opposed. Mr. Lowman and Mr. Van Buren were absent. Variances approved: Variance to allow a nonconforming building be expanded. [§706.03] Variance to reduce the side yard setback from 15’ to 2.’ [§708.16 (H)] Stipulation: House and enclosure to be painted to match. City of Marietta Page 2 Printed on 3/1/2017 1:40:15PM BOARD OF ZONING APPEALS Meeting Minutes February 27, 2017 A motion was made by Board member Kirkpatrick, seconded by Board member Barber, that this matter be Approved as Stipulated. The motion carried by the following vote: Absent: 2 Vote For: 4 Vote Against: 1 20170081 V2017-08 [VARIANCE] RACETRAC PETROLEUM, INC (MOUNTAIN PRIZE, INC) V2017-08 [VARIANCE] RACETRAC PETROLEUM, INC (MOUNTAIN PRIZE, INC) is requesting a variance for property located in Land Lot 1015, District 16, Parcel 0600, 2nd Section, Marietta, Cobb County, Georgia and being known as 840 Cherokee Street. Variance to increase the allowable canopy sign area from 10 square feet to 55 square feet on the front elevation. Ward 5B. A public meeting was held. Mr. Adam Rozen, Esq., for the applicant, presented a request for a variance to increase the allowable canopy sign area from 10 square feet to 55 square feet on the front elevation. There was no opposition to this variance. The board members asked questions pertaining to the size of the sign and location. Mr. Rozen explained satisfactorily. The public hearing was closed. A motion was made by Mr. Clark to grant the application as requested, 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 Ms. Kirkpatrick. The Motion carried 5-0-0. A motion was made by Board member Clark, seconded by Board member Kirkpatrick, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 2 Vote For: 5 20170082 V2017-09 [VARIANCE] DAWN DAY & THOMAS WATKINS V2017-09 [VARIANCE] DAWN DAY & THOMAS WATKINS are requesting variances for property located in Land Lot 1088, District 16, Parcel 0080, 2nd Section, Marietta, Cobb County, Georgia and being known as 212 Freyer Drive. Variance to reduce the side yard setback for an accessory City of Marietta Page 3 Printed on 3/1/2017 1:40:15PM BOARD OF ZONING APPEALS Meeting Minutes February 27, 2017 structure from 10’ to 0.’ Variance to reduce the rear yard setback for an accessory structure from 27’ to 0.’ Ward 5A. A public meeting was held. Mr. Thomas Watkins presented a request for a variance to reduce the side yard setback for an accessory structure from 10’ to 0.’ Variance to reduce the rear yard setback for an accessory structure from 27’ to 0.’ There was no opposition to this variance, many in support and two (2) spoke in support. Mr. Joseph Mertes and Mr. Jim Morris spoke in support. The board members asked if there is living space above the garage and if there is a drainage system. Mr. Watkins said there is no living space above the garage and that they are committed to doing whatever is necessary to address any drainage concerns. The board members asked if the current slab has been inspected and the main reason for not moving the accessory structure to the rear of the property. Mr. Watkins stated that the slab in in the process of being inspected. He said his contractor looked at it and wants an engineer to further evaluate it. He said the new building is not larger than what was previously there. Mrs. Day approached the podium and explained that the main reason for not moving it to the rear is that they want to preserve the basketball court that is currently on the property. Ms. Barber asked if they are aware that if they build the garage on the current slab, they will need to get an easement from their neighbor. Mr. Watkins stated that if in fact the garage encroaches on their neighbor’s property, they will get an easement. The public hearing was closed. A motion was made by Mr. Clark to grant the application as requested with the following two (2) stipulations, 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 5-0-0. Stipulations: 1. A new survey to be obtained so that property corners can be flagged prior to construction to verify that the building will not cross property lines. 2. Gutter arrangement on attached plans must be configured to ensure no water is discharged toward the neighbor’s property. A motion was made by Board member Clark, seconded by Board member Hunter, that this matter be Approved as Stipulated. The motion carried by the following vote: Absent: 2 Vote For: 5 20170119 V2017-10 [VARIANCE] LINDA L. TASKER & DAPHNE HILL V2017-10 [VARIANCE] LINDA L. TASKER & DAPHNE HILL are requesting variances for property located in Land Lot 1160, District 16, Parcel 0880, 2nd Section, Marietta, Cobb County, Georgia and being known as 234 City of Marietta Page 4 Printed on 3/1/2017 1:40:15PM BOARD OF ZONING APPEALS Meeting Minutes February 27, 2017 North Forest Avenue. Variance to reduce the side yard setback for a guest house from 20’ to 9.’ Variance to reduce the minimum lot size to allow a guest home on property zoned R-4 from 12,500 square feet to 11,325 square feet. Ward 3A. A public meeting was held. Ms. Linda Tasker and Ms. Daphne Hill presented a request for a variance to reduce the side yard setback for a guest house from 20’ to 9.’ Variance to reduce the minimum lot size to allow a guest home on property zoned R-4 from 12,500 square feet to 11,325 square feet. There was no opposition to this variance, many in support and two (2) spoke in support. Ms. Laura Caro and Mr. John Muson spoke in support. Ms. Hill spoke about the problem with a sewer main running underneath their existing house and provided the board members with aerial views of her property, showing where the main sewer line runs. She offered to allow the City access during the construction period. Ms. Caro, spoke in support and provided the board members with a map from Marietta Water showing the enormous area covered by the sewer main that runs under the house. The board members asked questions pertaining to the sewer main situation and Ms. Hill responded satisfactorily. She is working with City Officials on how best to resolve the situation. The public hearing was closed. A motion was made by Chairman Mills to grant the application as requested, 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 5-0-0. A motion was made by Board member Mills, seconded by Board member Clark, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 2 Vote For: 5 ADJOURNMENT: The February 27, 2017 meeting of the Board of Zoning Appeals was adjourned at 7:27PM __________________________________ JAMES (JIM) MILLS, CHAIRMAN __________________________________ INES EMBLER, SECRETARY City of Marietta Page 5 Printed on 3/1/2017 1:40:15PM