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 Karen Kirkpatrick, Vice Chairwoman, Ward 1 J. K. Lowman, Ward 2 Larry Zenoni, Ward 3 David Hunter, Ward 4 Ronald Clark, Ward 5 Tom Samples, Ward 7 Monday, December 16, 2019 6:00 PM City Hall Council Chambers Present: Bobby Van Buren, Karen Kirkpatrick, J. K. Lowman, Larry Zenoni, David Hunter and Ronald Clark Absent: Tom Samples Staff: Rusty Roth, Director, Development Services 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 16, 2019 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: 20191095 November 25, 2019 Board of Zoning Appeals Meeting Minutes Review and Approval of the November 25, 2019 Board of Zoning Appeals Meeting Minutes. Mr. Lowman made a motion, seconded by Ms. Kirkpatrick that the November 25, 2019 Board of Zoning Appeals meeting minutes be approved. The Motion carried 6-0-0. Mr. Samples was absent. City of Marietta Page 1 Printed on 12/17/2019 8:41:15AM BOARD OF ZONING APPEALS Meeting Minutes December 16, 2019 A motion was made by Board member Lowman, seconded by Board member Kirkpatrick, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 1 Vote For: 6 VARIANCES: 20191027 V2019-38 [SPECIAL LAND USE PERMIT] SM ATLANTA, LLC V2019-38 [SPECIAL LAND USE PERMIT] SM ATLANTA, LLC is requesting a Special Land Use Permit for a temporary sales trailer located in Land Lot 1147, District 16, Parcel 0350, 2nd Section, Marietta, Cobb County, Georgia and being known as 425 North Sessions Street, currently zoned PRD-MF (Planned Residential Development - Multi Family). Ward 4B. A public meeting was held. Mr. Rick Foster presented a request for a Special Land Use Permit for a temporary sales trailer. There was no opposition to this request. Chairman Van Buren asked for affirmation that they intend to have the sales trailer for 5 or 6 months and Mr. Foster affirmed and said it would later be used by the construction crew as an office. The public hearing was closed. A motion was made by Mr. Hunter 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 Mr. Lowman. The Motion carried 6-0-0. Special Land Use approved: 1. Special Land Use request to utilize a temporary building as a sales office. [§710.02] Stipulations: 1. The Special Land Use Permit is only valid for one year. 2. The structure to be permitted as a sales trailer with the Marietta Building Division. 3. All Marietta Fire Department requirements, including those for accessible parking, be met. A motion was made by Board member Hunter, seconded by Board member Lowman, that this matter be Approved as Stipulated. The motion carried by the following vote: City of Marietta Page 2 Printed on 12/17/2019 8:41:15AM BOARD OF ZONING APPEALS Meeting Minutes December 16, 2019 Absent: 1 Vote For: 6 20191028 V2019-39 [VARIANCE] KIMLEY-HORN & ASSOC. (CHRISTON INVESTMENTS, LLP & GINSTAR INVESTMENTS, LLP) V2019-39 [VARIANCE] KIMLEY-HORN & ASSOC. (CHRISTON INVESTMENTS, LLP & GINSTAR INVESTMENTS, LLP) are requesting variances for property zoned HI (Heavy Industrial), located in Land Lot 1004, District 16, Parcel 0080, 2nd Section, Marietta, Cobb County, Georgia, and being known as 900 Loudermilk Drive Variance to allow gravel as an acceptable surface for parking and driving within a storage area. Variance to allow outdoor storage within 50 feet of a property used for residential purposes. Ward 5B. A public meeting was held. Mr. Derek Zittrauer presented a request for a variance to allow gravel as an acceptable surface for parking and driving within a storage area. Variance to allow outdoor storage within 50 feet of a property used for residential purposes. There was one (1) in opposition to this request. Ms. Tammy Scott opposed. Chairman Van Buren asked what the hours of operation were and Mr. Zittrauer said he was not sure what the hours were. He later confirmed that the hours of operation are 7:00AM to 6:00PM. Mr. Clark asked why gravel instead of a solid surface. Mr. Zittrauer said from a storm water perspective there are benefits to using gravel. The board members asked if there will be a fence around the facility; if the gravel area will be fenced and what type of fence would be installed. Mr. Zittrauer said the facility including the gravel area would be fenced and that it would be a privacy fence. Ms. Tammy Scott opposed siting concern about additional noise. She would like them to keep the 50-foot buffer requirement. She said the property was once residential and then the zoning changed to commercial, but they are currently using it as residential. She also said she would like to make sure there will be no runoff on her property. Chairman Van Buren asked if she currently has runoff issues and she said no. Chairman Van Buren asked Mr. Zittrauer if they do not get the requested buffer what type of hardship will they be facing. Mr. Zittrauer said it would significantly impact their ability to store equipment inside. Mr. Clark asked if the drainage situation is a problem. Mr. Zittrauer said it is not currently an issue and that they will design all according to the City standards. Mr. Lowman asked if the outside storage area will be storage for equipment and Mr. Zittrauer affirmed. The public hearing was closed. City of Marietta Page 3 Printed on 12/17/2019 8:41:15AM BOARD OF ZONING APPEALS Meeting Minutes December 16, 2019 A motion was made by Ms. Kirkpatrick 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 Mr. Lowman. The Motion carried 5-0-1. Mr. Clark abstained. Variances approved: 1. Variance to allow gravel as an acceptable surface for parking and driving within a storage area. [§716.08 (B)] 2. Variance to allow outdoor storage within 50 feet of a property used for residential purposes. [§708.27 (B.30.c)] Stipulation: 1. There must be a minimum of eighty (80) feet of paved, drivable surface between the gravel storage area and entrance to Loudermilk Drive. 2. The applicant must provide a 10 foot wide buffer between the 10’ fence and the southern property line. The buffer should consist of undisturbed, existing vegetation or 6’ tall evergreen trees spaced appropriately depending on species. Applicant will work with City Arborist on spacing requirements. 3. Security lights to be shielded away from adjoining residents property. 4. Hours of operation to be 7:00AM to 6:00PM. A motion was made by Board member Kirkpatrick, seconded by Board member Lowman, that this matter be Approved as Stipulated. The motion carried by the following vote: Absent: 1 Vote For: 5 Abstain: 1 20191029 V2019-40 [VARIANCE] TURNER CHAPEL AME CHURCH V2019-40 [VARIANCE] TURNER CHAPEL AME CHURCH is requesting a variance for property zoned CRC (Community Retail Commercial), located in Land Lot 1162, District 16, Parcel 1040, 2nd Section, Marietta, Cobb County, Georgia, and being known as 250 North Fairground Street. Variance to allow the construction of an accessory structure on a lot with no principal structure. Ward 1A & 5A. A public meeting was held. Mr. Tony Sanders presented a request for a variance to allow the construction of an accessory structure on a lot with no principal structure. There was no opposition to this request. Chairman Van Buren asked if they are taking down the tree and if they will be replacing it. Mr. Sanders affirmed that the tree will be removed and said he would be willing to replace it by putting a tree in the island. City of Marietta Page 4 Printed on 12/17/2019 8:41:15AM BOARD OF ZONING APPEALS Meeting Minutes December 16, 2019 Chairman Van Buren asked if he is tearing down the current shed and Mr. Sanders said yes. The public hearing was closed. A motion was made by Mr. Clark 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 6-0-0. Variance approved: 1. Variance to allow the construction of an accessory structure on a lot with no principal structure. [§708.16 (F.4)]. Stipulations: 1. A building permit must be obtained, and the shed must be built at least 10 feet from any property line. 2. A replacement tree, minimum 3-inch caliper, shall be planted in a nearby parking island or along Fairground Street or North Marietta Parkway. Species should be suitable to the location per the Tree Species Selection List in Section 712.08. A motion was made by Board member Clark, seconded by Board member Kirkpatrick, that this matter be Approved as Stipulated. The motion carried by the following vote: Absent: 1 Vote For: 6 20191030 V2019-41 [VARIANCE] KORY LEE (PHILIP M. GOLDSTEIN) V2019-41 [VARIANCE] KORY LEE (PHILIP M. GOLDSTEIN) are requesting variances for property zoned R-4 (Single Family Residential - 4 units/acre), located in Land Lot 1158, District 16, Parcel 0670, 2nd Section, Marietta, Cobb County, Georgia, and being known as 195 Locust Street. Variance to reduce front yard setback from 25 feet to 18 feet; variance to reduce rear yard setback from 30 feet to 28 feet; variance to reduce minor side yard setback from 10 feet to 3 feet. Ward 3A. A public meeting was held. Mr. Kory Lee presented a request for a variance to reduce front yard setback from 25 feet to 18 feet; variance to reduce rear yard setback from 30 feet to 28 feet; variance to reduce minor side yard setback from 10 feet to 3 feet. There was no opposition to this request. Mr. Lee passed out drawings of the proposed home. Chairman Van Buren asked if he is a developer and Mr. Lee said yes. City of Marietta Page 5 Printed on 12/17/2019 8:41:15AM BOARD OF ZONING APPEALS Meeting Minutes December 16, 2019 Chairman Van Buren asked for affirmation that he stated that the new house will be 2400 square feet. Mr. Lee said yes, it would roughly be 2400 square feet. The public hearing was closed. A motion was made by Mr. Zenoni 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 Mr. Hunter. The Motion carried 6-0-0. Variances approved: 1. Variance to reduce front yard setback from 25 feet to 18 feet. [§708.04 (H)] 2. Variance to reduce rear yard setback from 30 feet to 28 feet. [§708.04 (H)] 3. Variance to reduce minor side yard setback from 10 feet to 3 feet. [§708.04 (H)] A motion was made by Board member Zenoni, seconded by Board member Hunter, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 1 Vote For: 6 ADJOURNMENT: The December 16, 2019 meeting of the Board of Zoning Appeals was adjourned at 6:35PM __________________________________ BOBBY VAN BUREN, CHAIRMAN __________________________________ INES EMBLER, SECRETARY City of Marietta Page 6 Printed on 12/17/2019 8:41:15AM