Board of Zoning Appeals

205 Lawrence Street City of Marietta 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, July 31, 2017 6:00 PM City Hall Council Chambers Present: Bobby Van Buren, James Mills, David Hunter, Ronald Clark and Justice Barber Absent: Karen Kirkpatrick and J. K. Lowman Staff: Rusty Roth, Director, Development Services Shelby Little, Planning & Zoning Manager Jasmine Chatman, Planning & Zoning Administrator Daniel White, City Attorney Ines Embler, Secretary to the Board CALL TO ORDER: Chairman Van Buren called the July 31, 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: 20170680 June 26, 2017 Board of Zoning Appeals Meeting Minutes Review and Approval of the June 26, 2017 Board of Zoning Appeals Meeting Minutes. Mr. Mills made a motion, seconded by Mr. Hunter that the June 26, 2017 Board of Zoning Appeals meeting minutes be approved. The Motion carried 5-0-0. Ms. Kirkpatrick and Mr. Lowman were absent. A motion was made by Board member Mills, seconded by Board member Hunter, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 2 Vote For: 5 City of Marietta Page 1 Printed on 8/1/2017 9:50:28AM BOARD OF ZONING APPEALS Meeting Minutes July 31, 2017 VARIANCES AND SPECIAL LAND USE PERMIT: 20170517 V2017-27 [VARIANCE] ELLEN I. INGRAM ESTATE (GREG INGRAM) V2017-27 [VARIANCE] ELLEN I. INGRAM ESTATE (GREG INGRAM) is requesting variances for property located in Land Lot 1147, District 16, Parcels 0070 & 0700, 2nd Section, Marietta, Cobb County, Georgia and being known as 112 Stewart Avenue & 324 Awtrey Street. Variance to reduce the minimum lot width from 75’ to 67’ for 324 Awtrey Street; variance to reduce the rear yard setback from 30’ to 18’ for 112 Stewart Avenue. Variance to reduce the side yard setback for 112 Stewart Avenue from 10’ to 3.’ Ward 4A. A public meeting was held. Mr. Steve Frey presented a request for a variance to reduce the minimum lot width from 75’ to 67’ for 324 Awtrey Street; variance to reduce the rear yard setback from 30’ to 18’ for 112 Stewart Avenue. There were three (3) in opposition to this variance. Mr. James O’Shields, Mr. Arnold Hurd and Ms. Martha Cobb opposed. There were no questions from the Board Members. Mr. O’Shields opposed stating concern over drainage, what the future house would look like and distance for fire control. Chairman Van Buren asked if he was opposing or just inquiring and Mr. O’Shields stated he opposed due to the concerns stated. Mr. Hunter noted that anything on Kennesaw Avenue would not be affected by drainage issues as the property in question is downhill from Kennesaw Ave. Mr. O’Shields stated that indeed it would not affect him personally, but he’s expressing concern for neighbors who did not attend the meeting and may be affected. Mr. Mills asked Staff if they look into drainage issues before issuing permits. Ms. Little affirmed stating that all that is reviewed and if a citizen should have drainage concerns afterwards they would need to contact Public Works Department Erosion Control Inspector. Mr. Hurd and Ms. Cobb opposed citing concerns about esthetics. Ms. Cobb said the lot is very narrow and they will have to take down a Magnolia tree. She is wondering if they are going to keep cramming houses into small lots. Ms. Barber asked Mr. Frey if he is representing a perspective buyer and Mr. Frey explained that he is proposing to buy both lots. Ms. Barber asked Mr. Frey if the addition of the second story is within the existing footprint and how tall it would be. Mr. Frey said it is within the existing footprint and that it would be as tall as the current roof structure, under thirty-five (35) feet. The Board Members asked Mr. Frey what kind of plans he has for the other lot. Mr. Frey stated he would be building a new house on that lot and that it would be in the same style of the neighborhood and that it would be around 2700 square feet. City of Marietta Page 2 Printed on 8/1/2017 9:50:28AM BOARD OF ZONING APPEALS Meeting Minutes July 31, 2017 The public hearing was closed. A motion was made by Mr. Hunter 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. Barber. The Motion carried 5-0-0. A motion was made by Board member Hunter, seconded by Board member Barber, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 2 Vote For: 5 20170630 V2017-29 [VARIANCE] RICHARD GRUBB V2017-29 [VARIANCE] RICHARD GRUBB is requesting variances for property zoned R-4 (Single Family Residential - 4 units/acre), located in Land Lot 1157, District 16, Parcel 0840, 2nd Section, Marietta, Cobb County, Georgia, and being known as 283 Camp Street. Variance to reduce the side yard setback from 10’ to 8’; variance to reduce the rear yard setback from 30’ to 15.’ Ward 4A. A public meeting was held. Mr. Richard Grubb presented a request for a variance to reduce the side yard setback from 10’ to 8’; variance to reduce the rear yard setback from 30’ to 15’. There was no opposition to this variance. Ms. Barber asked what exactly he plans to do to the right of the house where the carport is. Mr. Grubb said he is going to remove that part and that driveway will go away. He will be landscaping that area. The public hearing was closed. A motion was made by Mr. Hunter 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 Hunter, seconded by Board member Clark, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 2 Vote For: 5 City of Marietta Page 3 Printed on 8/1/2017 9:50:28AM BOARD OF ZONING APPEALS Meeting Minutes July 31, 2017 20170631 V2017-30 [SPECIAL LAND USE PERMIT] TRATON HOMES LLC V2017-30 [SPECIAL LAND USE PERMIT] TRATON HOMES LLC is requesting a Special Land Use Permit for property zoned PRD-MF (Planned Residential Development - Multi Family), located in Land Lot 1016, District 16, Parcel 0100, 2nd Section, Marietta, Cobb County, Georgia, and being known as 750 Canton Road for a temporary sales trailer. Ward 5B. A public meeting was held. Mr. Bob Hupp presented a request for a Special Land Use Permit for a temporary sales trailer. There was no opposition to this variance. Mr. Clark asked for confirmation that this temporary trailer would be for six (6) months and Mr. Hupp affirmed, stating that that is the typical build time. Mr. Clark specified the criteria stated in the Staff Report about all utility being at the back of the building and Mr. Hupp agreed. The public hearing was closed. A motion was made by Mr. Clark to grant the application as requested with the following stipulation, 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 5-0-0. Stipulation: All utility hookups will be to the rear of the trailer - opposite of the private road. A motion was made by Board member Clark, seconded by Board member Mills, that this matter be Approved as Stipulated. The motion carried by the following vote: Absent: 2 Vote For: 5 ADJOURNMENT: The July 31, 2017 meeting of the Board of Zoning Appeals was adjourned at 6:28PM __________________________________ BOBBY VAN BUREN, CHAIRMAN __________________________________ INES EMBLER, SECRETARY City of Marietta Page 4 Printed on 8/1/2017 9:50:28AM