MINUTES OF THE CARTERSVILLE BOARD OF ZONING APPEALS The Cartersville Board of Zoning Appeals met in ai regularly scheduled meeting on June 13,2024, ,in the Council Chambers. ROLL CALL Board Members Present: Absent: Staff Present: Lamar Pendley,Linda Brunt, Hoyt Hatfield, JB Hudson, Kevin Randy Manhino,David Hardegree, Zack Arnold and Julia Drake McElwee and Jacqueline Hendricks Patrick Murphy Chairman Pendléy.began the meeting with welcoming the newest member oft the Bôard of Zoning Appeals, Mr. Hoyt Hatfield. APPROVAL OF MINUTES 1.N May 9,2024 Board Member Hudson made ai motion to approve the minutes from May %, 2024. Board Member Brunt seconded the motion. Motion carried unanimously. Vote: 5-0 VARIANCE CASES 2. V24-14: Center Road Townhomes Applicant: WHM Chattahoochee Hills Variance: To allow front access parkingforai 199-unit townhome development. David Hardegree, Assistant PlatningandDewelopment Director stated that all adjacent property owners. had been properly notified"and property had been advertised. Continuing, he gave an overview oft the case stating this was a variance application by WHM Chattahoochee Hills for property located along Center Road adjacent to and west ofI-75 in Land Lots 115,173, 174, 187, and 188 oft the 4th District, 3rd Section, and zoned RA-12 (Single-Family Attached & Detached In 2024, said property was rèzoned from R-20 (single family résidèntial) to RA-12Residential Atfached, townhomes) with conditions per Z23-06. Per the RA-12 zoning, parking for townhome units must be limited to the rear yard with an alley or private drive cohstructed fori rear yard access Per the concept site plan submitted with the 2023 zoning application, all the 199 town home units would require front access parking due to site topography. Front access parking requirés parking in Per City Public Works comments, the developer will be required to maintain the streets as private streets with a 60ft wide utility and access easement instead ofa 60ft Right-of-way. This is allowed per ordinance'Sec. 7.5-71. - Private. streets. A private street provides the developer flexibility with Residéntial). Said property çontains approximately 103.85 acres. (Ordinance Sec. 6:7.3(M)(3). the front yard which is not an allowed location. on-street parking requirements. a Traffic on Center Rd. will not be affected by front access or front yard parking for the townhome development. Chairman Pendley opened the public hearing. Karl Lutjens, 114 Old MillRd., came forward to represent the application. Continuing, he gave an Board Members questioned the difference inj private streets and public streets and what that meant With no one else to come forward to, speak for or against the application, the public hearing was Board Member Brunt made a motion to approve V24-14 with the following çonditjons: a. Covenants must state that no on-street parking will be allowed other than where designated. d. An account must be created by the Homeowners Association to provide funds for the Board Member McElwee seconded the motion. Motion carried unanimously. Vote: 5-0 overview of the project and explained the need for front parking. for the City ofCartersville as far as maintenance, access for Public Safety, etc. closed. b. Each unit shall have 2 car garage with 2 car wide driveway. C,- Covenants must state that the streets are private. maintenance and upkeep ofj private streets. 3. V24-15: 123.N. Tennessee St. Applicant: 123 Tennessee LLC Variance: To allow a 6-foot-tall fence in thej front yard ofa double frontage. Jot and to allow Zack, Arnold, Assistant City.Planner, gave an overview ofthe,case stating this wasa variance application by applicant, 123 Tennessee, LLC, for property located at, 123N. Tennessee St, zoned M-U, Multiple-Use. Setbacks are Front- 10ft, Rear- 20f and Side- 10ft. Said property contains approximately 0.78 acres. The lot is a double frontage lot with frontages along N. Tennessee St., The applicant requests to construct a 6ft. tall chain link fence to enclose the property to the north and east oft the business along a section ofthe Howard St. right-of-way. The fence ordinance, Sec. .4.16, requires fences installed in the front yard to be less than 4ft'tall. Sec. 4,16. also requires all. request for chain link installation in a front yard go before the BoardofZoning Appeals. Continuing, Mr. Arnold reviewed the department comments which included thé following: Fibercom: Cartersville EiberCom takes no exception to a: fence being installed at 123 N Tennessee Street, but we will need it set back at least 4 feet from the existing utility poles along the North property line for us.to safely access the utility poles or we will need gated access for a bucket truck Fire Department: CFD takes no exceptions to the request provided that,ho fire hydrants are obstructed by the fencing. A minimum of36'ofclearance is required around all fire hydrants to allow for full operation, All other adopted city ordinances and codes should be followed. chain link fence to be installed in afront yard. and Howard St. to access the utility poles. Gas Department: 1.A natural gas main exists along the southern right-of-way ofHoward Street serving 123 North Tennessee Street. The Gas System takes no exception provided the proposed fence presuming to the be shown in the color "blue" in the attachment is to be constructed a minimum of5' from the 2. A natural gas service line and natural gas meter serving 123 North Tennessee Street will be within the limits of the proposed fence presuming to be shown in the color "blue" in the attachment. The Gas System takes no exception provided a proposed double 6' swing gate is to be provided for equipment and personnel access to the existing natural gas facilities and the proposed swing gate is to be interlocked with a chain and a Gas System provided lock. The property owner shall contact the Gas System at 770.387.5642 to request interlocking oft the proposed swing gate. The Gas System takes no further exception provided the proposed fence is in no way to be constructed over the existing natural gas service line serving 123 North Tennessee Street and a minimum of5' ofs separation is maintained from the existing natural gas service line. At the request ofthe property owner, the existing natural gas service line and/or meter can be relocated outside of existing natural gas main. the limits oft the proposed fence at the property owner's expense. Water Department: CWD takes the following exception: The fence on Howard Street side will need to be 10: feet from the property line to remain outside of the sewer easement. Chairman Pendley opened the public hearing. Guy Taff, 56 Cassville Rd., came forward to represent the application. Continuing, he stated he Discussion commenced among the Board Members regarding the department comments. would be willing to adhere to all department comments. Mr. Taffr reiterated that he could meet all department requirements. With no one else to come forward to speak for or against the application, Chairman Pendley closed Board Member Hudson made a motion to approve V24-15ifall department requirements are met. Board Member McElwee seconded the motion. Motion carried unanimously. Vote: 5-0 With no other business to discuss, Board Member McElwee made ai motion to adjourn at 6:31 P.M. the public hearing. July11.2024 Date Approved Chairman 2 u T47