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 David Hunter, Vice Chairman, Ward 4 Craig Smith, Ward 1 J. K. Lowman, Ward 2 Larry Zenoni, Ward 3 Juanita Carmichael, Ward 5 Tom Samples, Ward 7 Monday, October 26, 2020 6:00 PM City Hall Council Chambers Present: Bobby Van Buren, J. K. Lowman, Larry Zenoni, Juanita Carmichael Absent: David Hunter, Craig Smith and Tom Samples Staff: Rusty Roth, Director, Development Services Jasmine Thornton, Planning & Zoning Administrator Gregg Litchfield, City Attorney Ines Embler, Secretary to the Board CALL TO ORDER: Chairman Van Buren called the October 26, 2020 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: 20200831 September 28, 2020 Board of Zoning Appeals Meeting Minutes Review and Approval of the September 28, 2020 Board of Zoning Appeals Meeting Minutes. Mr. Zenoni made a motion, seconded by Mr. Lowman that the September 28, 2020 Board of Zoning Appeals meeting minutes be approved. The Motion carried 6-0-0. David Hunter, Craig Smith and Tom Samples were absent. City of Marietta Page 1 Printed on 10/27/2020 8:34:36AM BOARD OF ZONING APPEALS Meeting Minutes October 26, 2020 A motion was made by Board member Zenoni, seconded by Board member Lowman, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 3 Vote For: 4 VARIANCES: 20200767 V2020-38 [VARIANCE] AKLI AGGAR V2020-38 [VARIANCE] AKLI AGGAR is requesting a variance for property zoned RM-8 (Multifamily Residential - 8 units/acre), located in Land Lot 290, District 17, Parcel 0310, 2nd Section, Marietta, Cobb County, Georgia, and being known as 505 Delk Street. Request to remove stipulation approved with V2017-44. Ward 1A. A public meeting was held. Mr. Akli Aggar presented a variance request to remove stipulation approved with V2017-44. There was no opposition to this request. Mr. Zenoni asked if he is agreeable with the sprinkler system requirement; who he has in mind to live there; if he’s wanting the ability to make it a rental unit in the future and if he’s received any comments from his neighbors. Mr. Aggar said he is agreeable to do any safety requirements; Right now his daughter will be living there, but he would like to leave open the possibility of renting it out in the future. He said he has not received any complaints from his neighbors; they all know he takes good care of his property. Chairman Van Buren asked if he read the City’s recommendation of denial. Mr. Aggar said he did but did not see a problem and that he would also keep the same address. Chairman Van Buren explained that the City is trying to dissuade people from putting living spaces as rentals in the back of their home. Mr. Aggar said several of his neighbors already have rentals. Chairman Van Buren said that the concern is with the accessory structures converting to rentals, not the main dwelling. Mr. Aggar said his daughter will live there now but cannot guarantee it will always be for her; it could be a rental in the future. The public hearing was closed. A motion was made by Mr. Zenoni 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 Mrs. Carmichael. The Motion carried 3-1-0. Mr. Lowman opposed. Variance approved: 1. Variance to remove previous stipulation from case V2017-44 (accessory structure must not be converted to living space). City of Marietta Page 2 Printed on 10/27/2020 8:34:36AM BOARD OF ZONING APPEALS Meeting Minutes October 26, 2020 A motion was made by Board member Zenoni, seconded by Board member Carmichael, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 3 Vote For: 3 Vote Against: 1 20200774 V2020-39 [VARIANCE] ROGER BALKO (MIKE & JENNIFER FOUSHEE) V2020-39 [VARIANCE] ROGER BALKO (MIKE & JENNIFER FOUSHEE) is requesting a variance for property zoned R-3 (Single Family Residential - 3 units/acre), located in Land Lot 1087, District 16, Parcel 0230, 2nd Section, Marietta, Cobb County, Georgia, and being known as 566 Church Street. Variance to reduce the northern side setback for the existing home from 10 feet to 4 feet; variance to reduce the minimum lot size from 10,000 sq. ft. to 8,700 sq. ft.; variance to reduce the minimum lot width from 85’ to 49.’ Ward 4B. A public meeting was held. Mr. Roger Balko presented a request for a variance to reduce the northern side setback for the existing home from 10 feet to 4 feet; variance to reduce the minimum lot size from 10,000 sq. ft. to 8,700 sq. ft.; variance to reduce the minimum lot width from 85’ to 49’. There was no opposition to this request. Chairman Van Buren noted that if they exceed the taxed assessed value of the property, fire protection sprinklers will be required to be installed throughout. Mr. Balko affirmed but stated that the property does not and will not exceed the value. Mr. Foushee stated that they have received approvals from all his neighbors and the Historic Preservation Committee and offered to show documentation. Chairman Van Buren said that would not be necessary. Mrs. Carmichael re-iterated that as long as they stay below the assessed value they will not need fire sprinklers. The public hearing was closed. A motion was made by Mrs. Carmichael 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. Lowman. The Motion carried 4-0-0. Variances approved: 1. Variance to reduce the northern side setback for the existing home from 10 feet to 4 feet [§708.03 (H)] 2. Variance to reduce the minimum lot size from 10,000 sq. ft. to 8,700 sq. ft. [§708.03 (H)] 3. Variance to reduce the minimum lot width from 85’ to 49.’ [§708.03 (H)] City of Marietta Page 3 Printed on 10/27/2020 8:34:36AM BOARD OF ZONING APPEALS Meeting Minutes October 26, 2020 A motion was made by Board member Carmichael, seconded by Board member Lowman, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 3 Vote For: 4 OTHER BUSINESS: 20200832 2021 Board of Zoning Appeals Calendar of Meeting Dates Review and Approval of the 2021 Board of Zoning Appeals Calendar. Mrs. Carmichael made a motion, seconded by Mr. Lowman to approved to the 2021 Board of Zoning Appeals Calendar. The Motion carried 4-0-0. Approved and Finalized Absent: 3 Vote For: 4 ADJOURNMENT: The October 26, 2020 meeting of the Board of Zoning Appeals was adjourned at 6:24PM __________________________________ BOBBY VAN BUREN, CHAIRMAN __________________________________ INES EMBLER, SECRETARY City of Marietta Page 4 Printed on 10/27/2020 8:34:36AM