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, November 30, 2020 6:00 PM City Hall Council Chambers Present: Bobby Van Buren, David Hunter, Craig Smith, J. K. Lowman, Larry Zenoni, Juanita Carmichael and Tom Samples Staff: Shelby Little, Planning & Zoning Manager Robin Osindele, Urban Planner Gregg Litchfield, City Attorney Ines Embler, Secretary to the Board CALL TO ORDER: Chairman Van Buren called the November 30, 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: 20200944 October 26, 2020 Board of Zoning Appeals Meeting Minutes Review and Approval of the October 26, 2020 Board of Zoning Appeals Meeting Minutes. Mr. Lowman made a motion, seconded by Mrs. Carmichael that the October 26, 2020 Board of Zoning Appeals meeting minutes be approved. The Motion carried 7-0-0. A motion was made by Board member Lowman, seconded by Board member Carmichael, that this matter be Approved and Finalized. The motion carried by the following vote: City of Marietta Page 1 Printed on 12/1/2020 10:32:59AM BOARD OF ZONING APPEALS Meeting Minutes November 30, 2020 Absent: 0 Vote For: 7 VARIANCES: 20200868 V2020-41 [VARIANCE] NICHOLAS KRETSCHMAR V2020-41 [VARIANCE] NICHOLAS KRETSCHMAR is requesting variances for property zoned R-4 (Single Family Residential - 4 units/acre), located in Land Lot 1230, District 16, Parcel 0280, 2nd Section, Marietta, Cobb County, Georgia, and being known as 200 Wright Street. Variance to reduce the rear yard setback from 20 feet to 1 foot and side yard setback from 10 feet to 1 foot for an accessory structure. Ward 3A. A public meeting was held. Mr. Nicholas Kretschmar presented a variance request to reduce the rear yard setback from 20 feet to 1 foot and side yard setback from 10 feet to 1 foot for an accessory structure. There was no opposition to this request. Chairman Van Buren asked if he is building on to the existing structure or if he’s tearing it down. Mr. Kretschmar said he is tearing the existing structure completely down. He also stated that he spoke with the neighbor on the side and they had no issues. 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 7-0-0. Variances approved: 1. Variance to reduce the rear yard setback from 20 feet to 1 foot for an accessory structure. [§708.04 (F.4)] 2. Variance to reduce the side yard setback from 10 feet to 1 foot for an accessory structure. [§708.04 (F.1)] Stipulations: 1. The detached garage will be equipped with fire sprinklers 2. Gutters and downspouts will be design and arranged so as to not discharge water onto adjacent properties 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: 0 Vote For: 7 City of Marietta Page 2 Printed on 12/1/2020 10:32:59AM BOARD OF ZONING APPEALS Meeting Minutes November 30, 2020 20200812 V2020-42 [VARIANCE] JOHN NGUYEN V2020-42 [VARIANCE] JOHN NGUYEN is requesting variances for properties zoned R-2 (Single Family Residential - 2 units/acre), located in Land Lots 1093 & 1094, District 16, Parcels 0360 & 0820, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1045 & 1055 Barnes Mill Road. Variance to reduce the minimum lot width for Lot 1 from 100 ft to approximately 76 ft; for Lot 2 from 100 ft to approximately 80 ft; for Lot 3 from 100 ft to approximately 80 ft; variance to reduce the minimum lot size for a property on septic from 21,780 square feet to approximately 17,500 square feet for Lots 2 & 3.Ward 6A. A public meeting was held. Mr. John Nguyen presented a variance request to reduce the minimum lot width for Lot 1 from 100 ft to approximately 76 ft; for Lot 2 from 100 ft to approximately 80 ft; for Lot 3 from 100 ft to approximately 80 ft; variance to reduce the minimum lot size for a property on septic from 21,780 square feet to approximately 17,500 square feet for Lots 2 & 3. There was no opposition to this request. Chairman Van Buren asked for affirmation that he is building the houses for his kids and not to sell and asked if he has received approval for the septic. Mr. Nguyen affirmed and stated that he does not have a permit yet, as he was advised by his surveyor to get the variances approved first. Chairman asked if tapping into the City was too far according to the City or to him and if he is doing three separate septic systems for each property. Mr. Nguyen said he spoke with the surveyor who said that due to elevation, they might not be able to get to the manhole. He affirmed that there will be three septic systems. Mr. Samples asked Mr. Nguyen if he is aware that if he gets the variances from the Board approved, he will still need to get approval from Cobb County Water for the septic systems and Mr. Nguyen affirmed. The public hearing was closed. A motion was made by Chairman Van Buren 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. Hunter. The Motion carried 6-0-1. Mrs. Carmichael abstained. Variances approved: 1. Variance to reduce the minimum lot width for Lot 1 from 100 ft to approximately 76 ft for a property zoned R-2 [§708.02 (H.) & §732.03 (B.)] 2. Variance to reduce the minimum lot width for Lot 2 from 100 ft to approximately 80 ft for a property zoned R-2 [§708.02 (H.) & §732.03 (B.)] 3. Variance to reduce the minimum lot width for Lot 3 from 100 ft to approximately 80 ft for a property zoned R-2 [§708.02 (H.) & §732.03 (B.)] 4. Variance to reduce the minimum lot size for a property on septic from 21,780 square feet to approximately 17,500 square feet for Lots 2 & 3 [§732.03 (B.)] City of Marietta Page 3 Printed on 12/1/2020 10:32:59AM BOARD OF ZONING APPEALS Meeting Minutes November 30, 2020 A motion was made by Board member Van Buren, seconded by Board member Hunter, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 0 Vote For: 6 Abstain: 1 20200884 V2020-43 [VARIANCE] MERITEX MARIETTA V2020-43 [VARIANCE] MERITEX MARIETTA is requesting a variance for property zoned LI (Light Industrial), located in Land Lot 712, District 17, Parcel 0200, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1700 Enterprise Way. Variance to increase the allowable impervious surface from 75% to 79.3%. Ward 7A. A public meeting was held. Mr. Kevin Moore, Esq., for the Applicant presented a variance request to increase the allowable impervious surface from 75% to 79.3%. There was no opposition to this request. Mr. Lowman said it was his understanding that the trucks would come in on one side of the building and exit out the other side and Mr. Moore affirmed stating that cars will as well. The public hearing was closed. A motion was made by Mr. Samples 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 7-0-0. Variances approved: 1. Variance to increase the allowable impervious surface from 75% to 79.3%. [§708.26 (H.)] A motion was made by Board member Samples, seconded by Board member Carmichael, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 0 Vote For: 7 20200886 V2020-44 [VARIANCE] DAVID G. JAHNIG V2020-44 [VARIANCE] DAVID G. JAHNIG is requesting a variance for property zoned R-2 (Single Family Residential - 2 units/acre), located in Land Lot 39, District 19, Parcel 0680, 2nd Section, Marietta, Cobb County, Georgia, and City of Marietta Page 4 Printed on 12/1/2020 10:32:59AM BOARD OF ZONING APPEALS Meeting Minutes November 30, 2020 being known as 1124 Cedar Branch Court. Variance to reduce the side yard setback from 10 feet to 1 foot for an accessory structure. Ward 2A. A public meeting was held. Mr. David Jahnig presented a variance request to reduce the side yard setback from 10 feet to 1 foot for an accessory structure. There was no opposition to this request. There were no questions from the Board members. The public hearing was closed. A motion was made by Mr. Lowman 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. Zenoni. The Motion carried 7-0-0. Variances approved: 1. Variance to reduce the side yard setback from 10 feet to 1 foot for an accessory structure. [§708.02 (F.1)] A motion was made by Board member Lowman, seconded by Board member Zenoni, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 0 Vote For: 7 20200935 V2020-45 [VARIANCE] CHICK-FIL-A V2020-45 [VARIANCE] CHICK-FIL-A is requesting variances for property zoned CRC (Community Retail Commercial), located in Land Lot 1238, District 16, Parcel 0040, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1140 Roswell Road. Variance to reduce the side yard setback for an accessory structure along the western property line from 10 feet to 6 feet; variance to allow an accessory structure closer to right of way than principal structure along Freys Gin Road; variance to exempt an unenclosed accessory structure exceeding 1,500 square feet from meeting the setback standards for a principal use. Ward 7A. A public meeting was held. Ms. Brigitte Ganter presented a variance request to reduce the side yard setback for an accessory structure along the western property line from 10 feet to 6 feet; variance to allow an accessory structure closer to right of way than principal structure along Freys Gin Road; variance to exempt an unenclosed accessory structure exceeding 1,500 square feet from meeting the setback standards for a principal use. There was no opposition to this request. Mr. Zenoni asked who the neighbor on the west side was. Ms. Ganter said the adjoining City of Marietta Page 5 Printed on 12/1/2020 10:32:59AM BOARD OF ZONING APPEALS Meeting Minutes November 30, 2020 parcel is Budget Rental Car business, also zoned CRC. Mr. Samples asked if they use the two southern entrances and exits, will the traffic have to go through the large parking lot to get there. Ms. Ganter said yes and stated that this parcel is 1.43 acres of the entire parcel which is 9.9 acres. The public hearing was closed. A motion was made by Mr. Samples 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 7-0-0. Variances approved: 1. Variance to reduce the side yard setback for an accessory structure (canopy) along the western property line from 10 feet to 6 feet. [§708.16 (F.1)] 2. Variance to allow an accessory structure (canopy) closer to right of way than principal structure along Freys Gin Road. [§708.16 (F.1)] 3. Variance to exempt an unenclosed accessory structure exceeding 1,500 square feet from meeting the setback standards for a principal use. [§708.16 (F.2)] A motion was made by Board member Samples, seconded by Board member Carmichael, that this matter be Approved and Finalized. The motion carried by the following vote: Absent: 0 Vote For: 7 ADJOURNMENT: The November 30, 2020 meeting of the Board of Zoning Appeals was adjourned at 6:30PM __________________________________ BOBBY VAN BUREN, CHAIRMAN __________________________________ INES EMBLER, SECRETARY City of Marietta Page 6 Printed on 12/1/2020 10:32:59AM