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 Tom Samples, Ward 7 Monday, December 17, 2018 6:00 PM City Hall Council Chambers Present: Bobby Van Buren, Karen Kirkpatrick, J. K. Lowman, David Hunter, Ronald Clark and Tom Samples Absent: James Mills Staff: Shelby Little, Planning & Zoning Manager Jasmine Thornton, Planning & Zoning Administrator Gregg Litchfield, City Attorney Ines Embler, Secretary to the Board CALL TO ORDER: Chairman Van Buren called the December 17, 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: 20181319 November 26, 2018 Board of Zoning Appeals Meeting Minutes Review and Approval of the November 26, 2018 Board of Zoning Appeals Meeting Minutes. Mr. Samples made a motion, seconded by Mr. Clark that the November 26, 2018 Board of Zoning Appeals meeting minutes be approved. The Motion carried 4-0-2. Mr. Mills was absent. Mr. Hunter and Mr. Lowman abstained. City of Marietta Page 1 Printed on 12/18/2018 12:25:47PM BOARD OF ZONING APPEALS Meeting Minutes December 17, 2018 A motion was made that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 1 Vote For: 4 Abstain: 2 VARIANCES: 20181230 V2018-53 [VARIANCE] ISIDRO CARRILLO V2018-53 [VARIANCE] ISIDRO CARRILLO is requesting variances for property zoned R-4 (Single Family Residential - 4 units/acre), located in Land Lot 1215, District 16, Parcel 0890, 2nd Section, Marietta, Cobb County, Georgia, and being known as 501 Lawrence Street. Variance to reduce the rear setback for a guest home from 20 feet to 8 feet; variance to reduce the side setback for a guest home from 20 feet to 4 feet; variance to reduce the lot area dedicated to the guest home from 5,000 square feet to 2,080 square feet; variance to reduce the side yard setback for an unenclosed carport from 10’ to 5’; variance to allow the footprint of the accessory buildings to exceed 50% of the principal structure. Ward 5A. A public meeting was held. Mr. Alex Carrillo presented a request for a variance to reduce the rear setback for a guest home from 20 feet to 8 feet; variance to reduce the side setback for a guest home from 20 feet to 4 feet; variance to reduce the lot area dedicated to the guest home from 5,000 square feet to 2,080 square feet; variance to reduce the side yard setback for an unenclosed carport from 10’ to 5’; variance to allow the footprint of the accessory buildings to exceed 50% of the principal structure. There was one (1) in opposition to this variance. Mr. Darryl Durham opposed. The board members asked questions pertaining to the setbacks necessary to build a guest house and asked for clarification as to what exactly he wants to do at the property. Mr. Carrillo said he would like to build a guest house or a man cave, a carport and a shed. But that the most important thing for him is the guest house and a shed. The board members asked who would be living in the guest house. Mr. Carrillo said he currently lives with his father so he would be living there himself. It will not be a rental at any time. Mr. Durham opposed stating that the lot is way too small to add anything other than a dog house. He said it would be a detriment to the whole community. The public hearing was closed. A motion was made by Mr. Clark to deny this application. It was seconded by Mr. Lowman. The Motion carried 5-1-0. Chairman Van Buren opposed. A motion was made that this matter be Denied. The motion carried by the City of Marietta Page 2 Printed on 12/18/2018 12:25:47PM BOARD OF ZONING APPEALS Meeting Minutes December 17, 2018 following vote: Absent: 1 Vote For: 5 Vote Against: 1 20181233 V2018-54 [VARIANCE] CLARK KIRBY (ERIKA JORGENSEN) V2018-54 [VARIANCE] CLARK KIRBY (ERIKA JORGENSEN) are requesting a variance for property zoned R-3 (Single Family Residential - 3 units/acre), located in Land Lot 1088, District 16, Parcel 0690, 2nd Section, Marietta, Cobb County, Georgia, and being known as 163 Seminole Drive. Variance to allow an accessory structure closer to the right-of-way than the principal building. Ward 4B. A public meeting was held. Mr. Luke Burbank presented a request for a variance to allow an accessory structure closer to the right-of-way than the principal building. There was no opposition to this variance. Ms. Kirkpatrick asked if they are proposing to add a privacy fence. Mr. Burbank said there is a five-foot white picket fence on the property which is within code and they do not plan on adding a privacy fence. The public hearing was closed. A motion was made by Mr. Hunter to approve this application 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 6-0-0. A motion was made that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 1 Vote For: 6 20181235 V2018-55 [VARIANCE] CARLTON BRUTON (GHOLAMREZA DEHGHANI) V2018-55 [VARIANCE] CARLTON BRUTON (GHOLAMREZA DEHGHANI) is requesting a variance for property zoned LI (Light Industrial), located in Land Lot 712, District 17, Parcel 0060, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1999 Davis Lane. Variance to allow automobile sales on a parcel less than an acre. Ward 7A. A public meeting was held. City of Marietta Page 3 Printed on 12/18/2018 12:25:47PM BOARD OF ZONING APPEALS Meeting Minutes December 17, 2018 Mr. Gholamreza Dehghani and Mr. Carlton Bruton presented a request for a variance to allow automobile sales on a parcel less than an acre. There was no opposition to this variance. Chairman Van Buren asked if his business license is for a broker and Mr. Bruton affirmed. Chairman Van Buren explained the difference between an auto broker license and an auto sales license and explained that an auto dealer will need a location with a specific amount of acreage which this property does not have. The board members asked about the cars that are sill parked in front of the property and Mr. Dehghani said they are no longer in the front, they are now on the side and back. The board members asked how many cars they park on the premises and Mr. Dehghani said around 30-32 cars. Ms. Little asked what kind of surface is in the back. Mr. Bruton said it is crushed gravel that is old and grandfathered. He said they will remove the gravel in the front and replace it with sod. Ms. Little explained that they cannot expand a grandfathered area stating that they would need to apply at a future date for a new variance if they are trying to expand the grandfathered gravel area. The public hearing was closed. A motion was made by Mr. Samples to deny this application. It was seconded by Mr. Lowman. The Motion carried 4-2-0. Chairman Van Buren and Mr. Hunter opposed. A motion was made that this matter be Denied. The motion carried by the following vote: Absent: 1 Vote For: 4 Vote Against: 2 20181242 V2018-56 [VARIANCE] PATRICIA TANGUAY (BV AUTO REPAIR) V2018-56 [VARIANCE] PATRICIA TANGUAY (BV AUTO REPAIR) are requesting variances for property zoned CRC (Community Retail Commercial), located in Land Lot 1241, District 16, Parcel 1110, 2nd Section, Marietta, Cobb County, Georgia, and being known as 127 Goldie Drive. Variance to allow outdoor storage for a car maintenance facility; variance to allow outdoor storage in the front yard without a 6’ tall opaque fence. Ward 7A. A public meeting was held. Mr. Leo Ramirez, Mr. Kevin Jimenez and Ms.Patricia Tanguay presented a request for a variance to allow outdoor storage for a car maintenance facility; variance to allow outdoor storage in the front yard without a 6’ tall opaque fence. There was one (1) in opposition to this variance. Mr. Bill Morrell opposed. City of Marietta Page 4 Printed on 12/18/2018 12:25:47PM BOARD OF ZONING APPEALS Meeting Minutes December 17, 2018 Chairman Van Buren asked if he was aware of the current restrictions on outdoor vehicles and Mr. Ramirez affirmed and said they are willing to build a fence if that is what is required. Mr. Samples asked if they are currently working on the property and stated that he drives by there several times a week and he sees cars being stored on the property. Mr. Ramirez said they are not working on the property at the moment. They are starting a business from scratch. He said those vehicles belonged to the previous tenants and that they have since moved out and removed all vehicles. Mr. Clark asked how many cars they plan on parking at the front of the building and Mr. Ramirez said they are going to be an auto repair shop with only have six vehicles at a time. Mr. Samples asked how many employees they plan on having. Mr. Ramirez said there will not be any employees; the business will be operated by himself and Mr. Jimenez. Mr. Morrell opposed stating that the lot is too small for the intended business. He agrees with the Applicant that the only place to park vehicles is in the front. His main concern is that the little lot will be loaded with vehicles to be sold a auction and said that will eventually lead to a blighted area. Mr. Samples asked Mr. Morrell if there was ever a drainage issue. Mr. Morrell said yes and explained that at one time a tenant was washing cars and cleaning engines onsite and it created a runoff problem where the EPA had to get involved. This has since been cleaned up and he does not believe it is a concern any longer. Chairman Van Buren asked for clarification that he is not opposed if they adhere to the CRC code and Mr. Morrell affirmed. Mr. Ramirez said in his rebuttal that this is a new business and it will be strictly a repair shop. They will not have any vehicles for sale or auction and they will not be washing any vehicles on site. The public hearing was closed. A motion was made by Mr. Samples to Deny this application. It was second by Mr. Lowman. There were two in favor and four opposed. The motion died. A second motion was made by Chairman Van Buren to approve this application as stipulated 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 4-2-0. Mr. Lowman and Mr. Samples opposed. Stipulation: There will be no more than six (6) cars parked on the front of the building at any time. A motion was made that this matter be Approved as Stipulated. The motion carried by the following vote: Absent: 1 Vote For: 4 Vote Against: 2 City of Marietta Page 5 Printed on 12/18/2018 12:25:47PM BOARD OF ZONING APPEALS Meeting Minutes December 17, 2018 ADJOURNMENT: The December 17, 2018 meeting of the Board of Zoning Appeals was adjourned at 7:18PM __________________________________ BOBBY VAN BUREN, CHAIRMAN __________________________________ INES EMBLER, SECRETARY City of Marietta Page 6 Printed on 12/18/2018 12:25:47PM