City of Marietta Meeting Minutes BOARD OF ZONING APPEALS Bobby Van Buren, Chairman Donald. Barth, Vice Chairman Rosser Southerland, Ward 1 Walter Walker, Ward2 Mark. Maloney, Ward. 3 David Hunter, Ward4 Juanita Carmichael, Ward 5  2051 Lawrence Street Post Office Box 609 Marietta, Georgia 30061  CLOAGIA  oria  Monday, July 29, 2024  6:00PM  City Hall Council Chambers  Present: Bobby Van Buren, Donald. Barth, Rosser Southerland, Walter Walker;  Mark. Maloney, Juanita Carmichael  Absent: David. Hunter  Staf Rusty Roth, Director; Development Services;  Shelby Little, Planning & Zoning Manager; Daniel White, City Attorney; Lisa Rajabnik, Planning and. Zoning Coordinator  CALLTO ORDER:  Chairman Van Buren called the Monday, July 29th, 2024, Board of Zoning Appeals Chairman Van Buren explained the public hearing rules and procedures.  meeting to order at 6:00pm.  MINUTES: 20240664  Board of Zoning Appeals Work Session and Meeting Minutes Approval ofthe. June 24th, 2024, Board ofZoning Appeals Work Session, and Ms. Carmichael: made ai motion, seconded by Mr Southerland, to approve the. June 24th, 2024, Work, Session, and Meeting Minutes. The motion carriedi with a vote of  Meeting Minutes.  5-0-1.. Mr: Walker abstained. Approved and Finalized Absent: 1 Vote For: 5 Abstain: 1  City of Marietta  Page 1  Printed on 8/1/2024 7:07:04AM    BOARD OF ZONING APPEALS  Meeting Minutes  July 29, 2024  VARIANCES: 20240604  V2024-21 [VARIANCE) MARK & RUTH HOLLAND are: requesting variances for property zoned R-2 (Single Family Residential (2 units/acre) located inl Land Lot 1228, District 16, Parcel 0680, 2nd Section, Marietta, Cobb County, Georgia, and being known as 94 Whitlock Drive. Variance to allow an accessory structure tol be located closer to Maxwell Avenue thant the principal building. Ward 3A.  Ms. Little presented variance request V2024-21.  A public hearing was held.  Mr: Mark. Holland, property owner; presented the request. He outlined the plans to install as small pool and hot tub and explained the necessity to acquire variances due There was no support for the request; however; opposition was presented. Ms. Carla Bright, 85 Whitlock. Drive, expressed concern for ai reduced line ofsight at thei intersection of Maxwell. Avenue and Whitlock Drive due toi the fencing required Mr Holland responded that the required, fencing, even with the preliminary, plan to expand the house, would not result in aj fence which would limit the line ofsight as The Board members asked questions regarding the removal of trees and the type of Mr Holland explained that two trees would need to be removed to accommodate the installation oft the pool. However; extensive landscaping is planned to include new  to the constraints oft the corner lot.  around the pool. suggested. fencing proposed. tree plantings.  With no further comments the public hearing was closed.  Mr: Maloney made a motion, seconded by Mr Barth to approve the request with stipulations, as granting the application is necessary for the preservation and enjoyment ofas substantial, propertyright oft the applicant, and toj prevent unreasonable property loss or unnecessary hardship. The motion carried with a vote 1) Variance to allow an accessory, structure to be located closer to Maxwell. Avenue  of6-0-0. Approved Variance: Stipulations: water main. slab.  than the principal building I$708.02(F1)).  1)1 No permanent. structures will be placed within 10'ofe either. side ofthe existing 2) Poolu decking/slub must be u minimum of5-A. from the back oft the RW, or: 5-f. from the nearest derground: utility, whichever is closer toi the pool decking!  City of Marietta  Page2  Printed on 8/1/2024 7:07:04AM    BOARD OF ZONING APPEALS  Meeting Minutes  July 29, 2024  3): The required pool fencing shall be no less than 6f, opaque andi include additional. shrubbery to provide complete concealing oft the poolj from street level  view Approved as Amended Absent: 1 Vote For: 6  20240605  V2024-22 [VARIANCE! CAPITALCITY PROPERTIES, LLC. ist requesting variances forj property zoned R-4 Single Family Residential (4 units/acre). located in Land Lot 1214, District 16, Parcel 0880, 2nd Section, Marietta, Cobb County, Georgia, and being known as 6951 Lawrence Street. Variance to reduce the minimum lot size for an ADU in) R-4 from 12,500 square feet to 10,900 square feet; variance to reduce the required rear setback for an accessory dwelling unit from 23'-4"to3'; variance to reduce the required side yard setback for an accessory dwelling unit from  10'to4'. Ward 1A.  Ms. Little presented variance request V2024-22.  A public hearing was held.  Mr Peter Bright, Capital City Properties, LLC., represented the request. He offered comment as to the nature ofhis business and added explanation, for the various There was no support) for the request; however; opposition was, presented. Ms. Patricia Benedict, 108 Ayers Avenue, stated her concernj for the lack ofadequate parking, for a property that contained: 31 rental units Parking on the street would be an issue for her business and for residents who travel along Ayers Avenue. Mr: Sam Franklin, neighborhood. resident, ofèred comment regarding the intended use ofthe property Hes stated that there appears to have been an intentional lack of transparency and is concerned. that Mr Bright and his sons fully intend to use the  transitions regarding the intended use of the property.  property as ai multi-unit rental and/or for commercial use.  The public hearing was closed.  The Board members expressed their perturbation regarding the request. Mr Van Buren commented that when. Mr Bright had previously petitioned the Board for variances for the garage andi was asked what the space would be used for Mr Brights response, at that time, was 'storage use only!. Mr Van Buren continued that had the Board been told that the plan for the space was ultimately, for use as an ADU, the variance requests would) have been considered differently and most likely  resulted in denial.  City of Marletta  Page3  Printed on R/1/2024 7:07:04AM    BOARD OF ZONING APPEALS  Meeting Minutes  July 29, 2024  Mr Southerland made ai motion, seconded by Mr Walker; to deny the request. The motion carried with a vote of5-0-1. Ms. Carmichael abstained.  Denied Absent: 1 Vote For: 5 Abstain: 1  OTHER BUSINESS:  20240636  V2024-23 Hearing on decision by the city of Marietta to issue Building Permit BLDG: 2024-026640 dated June 10, 2024, andi issuance OfLDP-2024-026641 by the  Department of Public Works dated. June 10, 2024. Ms. Little presented V2024-22.  Mr Daniel White. spoke on behalf of the parties involved who requested the matter Mr: Maloney made a motion, seconded by Mr Walker; to approve the request to table further action. The motion carried with a vote of6-0-0.  be tabled.  Tabled Absent: 1 Vote For: 6  ADJOURNMENT:  The. July 29th, 2024, Board ofZoning Appeals meeting adjourned at 7:09pm.  Syh  Aelhpbik LISA H. RAJABMIK, SECRETARY  City of Marietta  Page4  Printed on 8/1/2024 7:07:04AM