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 Tom Samples, Ward 7 Monday, November 26, 2018 6:00 PM City Hall Council Chambers Present: Bobby Van Buren, James Mills, Karen Kirkpatrick, Ronald Clark and Tom Samples Absent: J. K. Lowman, David Hunter Staff: Rusty Roth, Director, Development Services Robin Osindele, Urban Planner Gregg Litchfield, City Attorney Ines Embler, Secretary to the Board CALL TO ORDER: Chairman Van Buren called the November 26, 2018 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: 20181252 October 29, 2018 Board of Zoning Appeals Meeting Minutes Review and Approval of the October 29, 2018 Board of Zoning Appeals Meeting Minutes. Mr. Samples made a motion, seconded by Ms. Kirkpatrick that the October 29, 2018 Board of Zoning Appeals meeting minutes be approved. The Motion carried 5-0-0. Mr. Lowman and Mr. Hunter were absent. City of Marietta Page 1 Printed on 11/27/2018 9:45:49AM BOARD OF ZONING APPEALS Meeting Minutes November 26, 2018 A motion was made by Board member Samples, seconded by Board member Kirkpatrick, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 2 Vote For: 5 VARIANCES: 20181137 V2018-51 [VARIANCE] DANIEL & LISA UNDERWOOD V2018-51 [VARIANCE] DANIEL & LISA UNDERWOOD are requesting a variance for property zoned R-4 (Single Family Residential - 4 units/acre), located in Land Lot 1146, District 16, Parcel 0670, 2nd Section, Marietta, Cobb County, Georgia, and being known as 337 Cherokee Street. Variance to reduce the setback for a fence along the right of way from 2’ to 0.’ Ward 4B. A public meeting was held. Mr. Dan Underwood presented a request for a variance to reduce the setback for a fence along the right of way from 2’ to 0.’ There was no opposition to this variance. The Board Members asked whom they spoke with regarding their fence; when he built the fence and if he built the fence himself. Mr. Underwood said he spoke with Shelby Little; the fence has been there around six months and he did not build the fence himself, but he took it upon himself to find out what the requirements for the fence would be. He said he was told there was no setbacks to be concerned about. Ms. Kirkpatrick asked if he has any of the email trails and if the historic board was involved. Mr. Underwood said he does not have email trails, the conversation was through the phone. He spoke with one person from the Historic Board first and also spoke with three people before he ended up speaking with Shelby. Mr. Samples asked if he is aware that if the variance is approved and in the future sidewalk repairs are necessary by the City, the fence may be removed and he will be responsible for the expense to put it back. Mr. Underwood acknowledged in agreement. The public hearing was closed. A motion was made by Ms. Kirkpatrick to approve the variance to reduce the setback for a fence along the right of way from two feet to zero feet 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. Samples. The Motion carried 5-0-0. A motion was made by Board member Kirkpatrick, seconded by Board member Samples, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 2 City of Marietta Page 2 Printed on 11/27/2018 9:45:49AM BOARD OF ZONING APPEALS Meeting Minutes November 26, 2018 Vote For: 5 20181138 V2018-52 [VARIANCE] KELLY KING V2018-52 [VARIANCE] KELLY KING is requesting a variance for property zoned R-4 (Single Family Residential - 4 units/acre), located in Land Lot 1146, District 16, Parcel 0660, 2nd Section, Marietta, Cobb County, Georgia, and being known as 347 Cherokee Street. Variance to reduce the setback for a fence along the right of way from 2’ to 0.’ Ward 4B. A public meeting was held. Ms. Kelly King presented a request for a variance to reduce the setback for a fence along the right of way from 2’ to 0.’ There was one (1) opposition to this variance. Ms. Stephanie Amanda Gann opposed. The Board Members asked what the height of the vegetation that was there prior to the fence was; When she discussed the plans with Ms. Gann, did she discuss the fence height and if the Jeep in the picture is her personal vehicle. Ms. King said the vegetation height varied, probably 3-4 feet. She explained to Ms. Gann that she was going to butt it up to the Underwood’s fence; the same style and height and she walked off the driveway and showed her where it was. The Jeep is her work vehicle. Ms. Gann opposed citing visibility issues. She said she is unable to see from her average size vehicle and it is very hard getting out of her driveway. She said the decision is to move the fence back, she is willing to help Ms. King financially. Mr. Mills asked if she had any reports from the City when they came out. Ms. Gann said she was not aware that paperwork was available. Mr. Mills asked Staff if there were any reports. Mr. Roth said there was no written report available for the dates she mentioned. He said they had people from their Engineering Department go out and look at the visibility according to the AASHTO (American Association of State Highway and Transportation) Standards and they said that it did meet those standards for visibility at the driveway. Mr. Clark asked Ms. Gann how active is the walkway that is along the front of her house and if she backs out of the driveway when she leaves the house. Ms. Gann said it is very active. There is CrossFit gym on the corner so there are many runners who pass by there. She said she tries not to back out because it is such a busy street and even though the AASHTO report is for 35mph, no one drives 35mph on that road. Chairman Van Buren noted the Cypress three planted by the fence and asked Ms. King if she is aware that the tree will grow very tall. Ms. King said she is willing to cut down the tree when it gets tall. Chairman Van Buren asked Ms. King to approach the bench and discussed with her the option of mitering the fence corner. Ms. King said it would look esthetically ridiculous and offered a comprise suggesting she just lower the pickets down to the circular part from the top. Discussion led to possibly doing this about two feet on each side of the corner. Chairman Van Buren shared with Ms. Gann the options being discussed. Ms. Gann opposed stating she is unable to visualize what two feet would look like for her visibility concerns. City of Marietta Page 3 Printed on 11/27/2018 9:45:49AM BOARD OF ZONING APPEALS Meeting Minutes November 26, 2018 She would like them to cut back 6-8 picket fences and remove the cypress tree. Mr. Mills asked Mr. Gann for affirmation that she is offering to help with the cost. She said she is willing to help if it is moved from the setback or if it is cut down on an angle, but that as far as just lowering it her brother can help her with that. The public hearing was closed and re-opened to allow a question. Ms. King just wanted to clarify AASHTO Standards and said that if they are going to force her to move it back, then how will they stipulate that Ms. Gann pays for that. Chairman Van Buren said they cannot stipulate that Ms. Gann will share the cost, that is not something they can control. A motion was made by Chairman Van Buren to approve this application as stipulated 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. Mills. The Motion carried 5-0-0. Stipulation: Applicant will accept one of the two options below: Option 1: • Lower the fence within two feet of the corner on each side and lower it to three feet or lower according to AASHTO Standards. Option 2: • Move the corner at an angle no less than two feet on either side and the landscaping be no more than six inches above the fence. A motion was made by Board member Van Buren, 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 November 26, 2018 meeting of the Board of Zoning Appeals was adjourned at 6:51PM __________________________________ BOBBY VAN BUREN, CHAIRMAN __________________________________ INES EMBLER, SECRETARY City of Marietta Page 4 Printed on 11/27/2018 9:45:49AM