Board of Zoning Appeals

City of Marietta 205 Lawrence Street Post Office Box 609 Marietta, Georgia 30061 Meeting Minutes BOARD OF ZONING APPEALS Bobby Van Buren, Chairman James A. Mills, Vice Chairman Karen Kirkpatrick, Ward 1 J. K. Lowman, Ward 2 David Hunter, Ward 4 Ronald Clark, Ward 5 Justice Barber, Ward 7 Monday, May 22, 2017 6:00 PM City Hall Council Chambers Present: Bobby Van Buren, Karen Kirkpatrick, J. K. Lowman, James Mills, David Hunter, Ronald Clark and Justice Barber Staff: Rusty Roth, Director, Development Services Shelby Little, Planning & Zoning Manager Jasmine Chatman, Urban Planner Sarah Hegener, Associate City Attorney CALL TO ORDER: Chairman Van Buren called the May 22, 2017 meeting of the Board of Zoning Appeals to order at 6:00 PM. Chairman Van Buren explained the rules and procedures used in conducting the public hearings. MINUTES: 20170481 April 24, 2017 Board of Zoning Appeals Meeting Minutes Review and Approval of the April 24, 2017 Board of Zoning Appeals Meeting Minutes. Mr. Mills made a motion, seconded by Mr. Lowman that the April 24, 2017 Board of Zoning Appeals meeting minutes be approved. The Motion carried 7-0-0. A motion was made by Board member Mills, seconded by Board member Lowman, that this matter be Approved and Finalized. The motion carried by the following vote: City of Marietta Page 1 Printed on 6/1/2017 7:59:25AM BOARD OF ZONING APPEALS Meeting Minutes May 22, 2017 Absent: 0 Vote For: 7 VARIANCES: 20170390 V2017-20 [VARIANCE] SAINTS PARTNERS LLC/SARA INC (CONTINEO GROUP LLC) V2017-20 [VARIANCE] SAINTS PARTNERS LLC/SARA INC (CONTINEO GROUP LLC) is requesting variances for property located in Land Lot 932, District 16, Parcels 0060 & 0090, 2nd Section, Marietta, Cobb County, Georgia and being known as 1230 & 1256 Cobb Parkway North. Variance to reduce the required setback for fuel tanks from 20’ to 7;’ variance to reduce the rear setback from 35’ to 10;’ variance to reduce the minor side setback from 15’ to 7;’ variance to reduce the required parking for a convenience store from one space for every 200 sq. ft. to one space for every 250 sq. ft. Ward 4B. A public meeting was held. Mr. Ron Crump, Applicant, presented a request for a variance to reduce the required setback for fuel tanks from 20’ to 7;’ variance to reduce the rear setback from 35’ to 10;’ variance to reduce the minor side setback from 15’ to 7;’ variance to reduce the required parking for a convenience store from one space for every 200 sq. ft. to one space for every 250 sq. ft. There were two (2) in opposition to this variance. Mr. Bill Sims and Mr. Craig Lewis opposed. Mr. Hunter asked if the existing tanks are the double holed type and Mr. Crump said yes. Mr. Bill Sims opposed, siting concern over the existing signage. He feels the existing signage would not work well with the monument being proposed. He feels one of the two is too tall. Mr. Craig Lewis opposed. He also feels the current signage should not be re-used or allowed and expressed concern about the request for smoking paraphernalia. Ms. Barber asked Mr. Lewis for clarification as to the type of smoking paraphernalia he is opposed to. Mr. Lewis stated that he is concerned about anything beyond the standard smoking paraphernalia and would prefer it not be sold there. He has no problems with cigarettes, lighters and the like. Mr. Lowman asked Mr. Crump what his position is regarding the current signage. He agreed that none of it conforms and has no opportunity for staying, except maybe the front corner one. Ms. Little stated that without knowing the exact dimension it appears too tall and the design of it does not comply. Ms. Barber asked Mr. Crump if he has any insight into his client’s position regarding the hookah reference. Mr. Crump stated that it could be stricken. The public hearing was closed. A motion was made by Mr. Hunter to grant the application as requested with the following City of Marietta Page 2 Printed on 6/1/2017 7:59:25AM BOARD OF ZONING APPEALS Meeting Minutes May 22, 2017 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. Mills. The Motion carried 7-0-0. Stipulations: 1. Impervious surface of parking area to be reduced to 78% 2. Signage to be brought into compliance 3. No sales of incense, smoking pipes, roach clips, bongs or miniature metal spoons shall be permitted at the property and only tobacco products customarily found at general convenience stores and otherwise permitted by law shall be allowed. A motion was made by Board member Hunter, seconded by Board member Mills, that this matter be Approved as Stipulated. The motion carried by the following vote: Absent: 0 Vote For: 7 20170392 V2017-21 [VARIANCE] ROBERT G. WATSON JR. V2017-21 [VARIANCE] ROBERT G. WATSON JR. is requesting variances for property located in Land Lot 1234, District 16, Parcel 1130, 2nd Section, Marietta, Cobb County, Georgia and being known as 162 Jackson Circle. Variance to reduce the major side setback from 25 feet to 5 feet; variance to reduce the front setback from 25 feet to 18 feet. Ward 1A. A public meeting was held. Mr. Adam Rozen, Esq., for the Applicant, presented a request for a variance to reduce the major side setback from 25 feet to 5 feet; variance to reduce the front setback from 25 feet to 18 feet. There was no opposition to this variance. The board members asked questions pertaining to the setback, storm water management and the culvert and Mr. Rozen explained satisfactorily. Ms. Kirkpatrick expressed concern with the stop sign on the corner of Jackson Circle and Waterman and sight distance. Mr. Rozen explained that he believes any sight distance concerns will be addressed during the site plan review process. Ms. Kirkpatrick asked what the square footage of the houses would be. Mr. Rozen said 2,281 square feet and showed the rendering of the home style being proposed. The public hearing was closed. A motion was made by Ms. Kirkpatrick to grant the application as requested with the following 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. Clark. The Motion carried 7-0-0. Stipulations: City of Marietta Page 3 Printed on 6/1/2017 7:59:25AM BOARD OF ZONING APPEALS Meeting Minutes May 22, 2017 1. New construction must comply with fire sprinkler Ordinance. 2. Drainage is properly routed through the subject property. 3. Design of the home to be similar to the attached rendering. A motion was made by Board member Kirkpatrick, seconded by Board member Clark, that this matter be Approved as Stipulated. The motion carried by the following vote: Absent: 0 Vote For: 7 20170393 V2017-22 [VARIANCE] COBB EMC (MUST MINISTRIES, INC.) V2017-22 [VARIANCE] COBB EMC (MUST MINISTRIES, INC.) is requesting a variance for property located in Land Lot 932, District 16, Parcel 0070, 2nd Section, Marietta, Cobb County, Georgia and being known as 1260 Cobb Parkway North. Variance to allow a homeless shelter within 750 feet from residentially zoned property. Ward 4B. A public meeting was held. Mr. Adam Rozen, Esq., for the Applicant, presented a request for a variance to allow a homeless shelter within 750 feet from residentially zoned property. Mr. Rozen requested that the application be tabled to the June 26, 2017 meeting. The public hearing was closed. A motion was made by Ms. Barber to table this request until the June 26, 2017 meeting. It was seconded by Mr. Lowman. The Motion carried 7-0-0. A motion was made by Board member Barber, seconded by Board member Lowman, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 0 Vote For: 7 20170394 V2017-23 [VARIANCE] GARRY R. FANCHER (C+M TREE SERVICE, LLC) V2017-23 [VARIANCE] GARRY R. FANCHER (C+M TREE SERVICE, LLC) is requesting variances for property located in Land Lot 804, District 16, Parcel 0060, 2nd Section, Marietta, Cobb County, Georgia and being known as 1713 Canton Road. Variance to reduce the minimum lot size from 20,000 sq. ft. to 16,117 sq. ft.; variance to reduce the minimum lot width from 100’ to 75’; variance to allow a commercial landscaping business operate within 100’ of property zoned single family residential. Ward 6B. A public meeting was held. City of Marietta Page 4 Printed on 6/1/2017 7:59:25AM BOARD OF ZONING APPEALS Meeting Minutes May 22, 2017 Mr. Corey Close, Esq., for the Applicant, presented a request for a variance to reduce the minimum lot size from 20,000 sq. ft. to 16,117 sq. ft.; variance to reduce the minimum lot width from 100’ to 75’; variance to allow a commercial landscaping business operate within 100’ of property zoned single family residential. There was no opposition to this variance. Chairman Van Buren asked for confirmation that he will be demolishing the current building and barn. Mr. Close affirmed, stating that every building on the property will be removed and replaced with a new building. He said they will be using the lot to store their landscaping equipment. Chairman Van Buren asked if he has received any opposition from the church and Mr. Close said he wasn’t aware of any opposition. Ms. Barber asked if there are any current plans for the tree removal trucks and other equipment to be screened from view of the neighborhood. Mr. Close stated that the building will have two roll up doors on the back and the equipment will be stored inside. The main purpose of the building is to house the equipment. Ms. Kirkpatrick asked what type of construction the new building will be. Mr. Close said they are in the preliminary stages of getting that worked out. He thinks the most updated plan is that it will be a one story building and will fit with the setbacks and comply with the City Ordinances. The public hearing was closed. A motion was made by Chairman Van Buren 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. Hunter. The Motion carried 7-0-0. A motion was made by Board member Van Buren, seconded by Board member Hunter, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 0 Vote For: 7 20170395 V2017-24 [VARIANCE] LIFE UNIVERSITY INC. V2017-24 [VARIANCE] LIFE UNIVERSITY INC. is requesting a variance for property located in Land Lot 501, District 17, Parcel 0130, 2nd Section, Marietta, Cobb County, Georgia and being known as 1100 Barclay Circle. Variance to reduce the required parking to 180 total spaces for a student housing building. Ward 1A. A public meeting was held. Mr. Bill Jarr presented a request for a variance to reduce the required parking to 180 total spaces for a student housing building. There was no opposition to this variance. City of Marietta Page 5 Printed on 6/1/2017 7:59:25AM BOARD OF ZONING APPEALS Meeting Minutes May 22, 2017 Ms. Barber asked if there is shuttle service to the residence hall directly from the parking deck that was referenced. Mr. Jarr explained that the shuttles stop at the parking deck and they also run to other apartment complexes. He said they also have other parking lots on campus that are serviced by their shuttles. Chairman Van Buren asked if this was a freshman facility and if they are allowed to have vehicles. Mr. Jarr said it was designed for first year experience, primarily freshman and that they are currently working through the options of whether to allow first year vehicles. The public hearing was closed. A motion was made by Ms. Kirkpatrick 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. Lowman. The Motion carried 7-0-0. A motion was made by Board member Kirkpatrick, seconded by Board member Lowman, that this matter be Approved and Finalized. The motion carried by the following vote: Approved and Finalized Absent: 0 Vote For: 7 20170396 V2017-25 [VARIANCE] HAROLD S. WILLINGHAM ESTATE (SARA & JON MICHELETTO) V2017-25 [VARIANCE] HAROLD S. WILLINGHAM ESTATE (SARA & JON MICHELETTO) is requesting variances for property located in Land Lot 1087, District 16, Parcel 0560, 2nd Section, Marietta, Cobb County, Georgia and being known as 493 Church Street. Variance to reduce the minimum lot size from 10,000 sq. ft. to 8,850 sq. ft.; variance to reduce the minimum lot width from 75’ to 59’; variance to reduce setbacks to allow existing structures remain. Ward 4B. A public meeting was held. Mrs. and Mr. Sara and Jon Micheletto presented a request for a variance to reduce the minimum lot size from 10,000 sq. ft. to 8,850 sq. ft.; variance to reduce the minimum lot width from 75’ to 59’; variance to reduce setbacks to allow existing structures remain. There was no opposition to this variance. Chairman Van Buren asked questions pertaining to the lot lines and Mrs. Micheletto explained satisfactorily. Ms. Barber asked about the pool house and whether she was aware that even properties that are grandfathered would have to come into compliance if too many changes are made. Mrs. Micheletto stated that she is aware and explained that if they sold the lot and the new owners were to enlarge the property they would need a variance. The public hearing was closed. A motion was made by Mr. Hunter to grant the application as requested, on the basis that it City of Marietta Page 6 Printed on 6/1/2017 7:59:25AM BOARD OF ZONING APPEALS Meeting Minutes May 22, 2017 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. Mills. The Motion carried 7-0-0. A motion was made by Board member Hunter, seconded by Board member Mills, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 0 Vote For: 7 20170397 V2017-26 [VARIANCE] LIVESAFE RESOURCES V2017-26 [VARIANCE] LIVESAFE RESOURCES is requesting a variance for property located in Land Lots 1230 & 1231, District 16, Parcel 0970, 2nd Section, Marietta, Cobb County, Georgia and being known as 48 Henderson Street. Variance to increase the allowable height of a fence within the major side yard from 6 feet to 8 feet. Ward 5A. A public meeting was held. Mr. Wayne McGary, for the Applicant, presented a request for a variance to increase the allowable height of a fence within the major side yard from 6 feet to 8 feet. There was no opposition to this variance. Mr. Clark asked if the fence will be going on the back side as well. Mr. McGary said yes, that they would be enclosing the whole property. Mr. Clark asked there has been any security problems in the area. Mr. McGary said no, that due to the nature of what they do there, they are trying to add security. Mr. Clark asked for affirmation that he is aware of the City’s stipulations recommendations and asked if he is amenable to them. Mr. McGary affirmed. The public hearing was closed. A motion was made by Mr. Clark to grant the application as requested with the following 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. Lowman. The Motion carried 7-0-0. Stipulations: 1. No posts shall be set on top of the sewer main. 2. A 6-foot wide gate in the fence will be provided to access the sewer main. 3. An indemnity agreement shall be granted to allow Marietta Water access to the sewer main, and to be able to remove fence within the sewer easement, if necessary for maintenance. A motion was made by Board member Clark, seconded by Board member Lowman, that this matter be Approved as Stipulated. The motion carried by the City of Marietta Page 7 Printed on 6/1/2017 7:59:25AM BOARD OF ZONING APPEALS Meeting Minutes May 22, 2017 following vote: Absent: 0 Vote For: 7 ADJOURNMENT: The May 22, 2017 meeting of the Board of Zoning Appeals was adjourned at 7:04PM __________________________________ BOBBY VAN BUREN, CHAIRMAN __________________________________ INES EMBLER, SECRETARY City of Marietta Page 8 Printed on 6/1/2017 7:59:25AM