City of Marietta Meeting Minutes BOARD OF ZONING. APPEALS Bobby Van Buren, Chairman Donald Barth, Vice Chairman Rosser Southerland, Ward1 Walter Walker, Ward 2 Mark. Maloney, Ward3 David Hunter, Ward4 Juanita Carmichael, Ward 5  2051 Lawrence: Street Post Office Box 609 Marietta, Georgia 30061  Marau  Monday, September 30, 2024  6:00PM  City Hall Council Chambers  Present: Absent: Staff  Bobby Van Buren, Donald. Barth, Rosser Southerland, Walter Walker;  Juanita Carmichael David. Hunter; Mark. Maloney Rusty. Roth, Director; Development Services; Shelby. Little, Planning & Zoning Manager; Greg Litchfield, City Attorney; Lisa. Rajabnik, Planning and Zoning Coordinator  CALLTO ORDER:  Chairman Van. Buren called the. Monday, September 30th, 2024, Board of Zoning Chairman Van Buren explained the public hearing rules and procedures.  Appeals meeting to order at 6:00pm.  MINUTES: 20240844  Board ofZoning Appeals Work Session and Meeting Minutes Approval of the August 26th, 2024, Board of Zoning Appeals Work Session, and Mr Walker made ai motion, seconded by Mr Barth, to approve the August 26th, 2024, Work. Session, and Meeting Minutes. The motion carried with a vote of5-0-0.  Meeting Minutes.  Approved and Finalized Absent: 2 Vote For: 5  City of Marietta  Page 1  Printed on 10/3/2024 11:40:02AM    BOARD OF ZONING APPEALS  Meeting Minutes  September 30, 2024  VARIANCES: 20240816  V2024-25 VARIANCE] KEN & ELAINE BLACK  V2024-25 [VARIANCE KEN & ELAINE BLACK are requesting a variance for property zoned PRD-SF (Planned Residential Development Single Family) located in Land Lot 252, District 20, Parcel 1030, 2nd Section, Marietta, Cobb County, Georgia, and being known as 1030 Cockrell Drive. Variance to reduce the rear yard Mr Barthi made ai motion, seconded by Ms. Carmichael, toi table the request. The  setback from 25'to 10." Ward 4C. motion carried with a vote of5-0-0.  Tabled Absent: 2 Vote For: 5  20240746  V2024-27 [VARIANCE). AUTOSERVICOTRESGABINO, LLC. (GOODALL V2024-27 [VARIANCE). AUTO SERVICOTRES GABINO, LLC. (GOODALL INVESTMENTS, INC.) are requesting variances forj property zoned CRC (Community Retail Commercial): located in Land Lot 214, District 17, Parcel 0800, 2nd Section, Marietta, Cobb County, Georgia, and being known as 7261 Davis Circle. Variance to allow an auto repair shop toj perform work outside an enclosed' building; variance to allow an auto repair shop to operate within 2001 feet of residential property; variance to waive required compliance with outdoor storage limitations  INVESTMENTS, INC.)  specified under paragraph G of $708.16. Ward 1A. Ms. Little presented variance request V2024-27.  A! public hearing was held.  Mr: Carlos Churape represented the request. He apologized for the lapse oflicensing and the property code violations and asked the Board to approve the necessary There was no support for the request; however; opposition was presented. Mr Pete Dachuck- Optical Engineering Co., located at 710 and 720 Davis Circle, listed years of issues as neighbors oft the. Auto. Servico Tres Gabino business.  variances allowing the business to continue to operate.  City of Marietta  Page 2  Printed on 10/3/2024 11:40:02AM    BOARD OF ZONING. APPEALS  Meeting Minutes  September 30, 2024  He presented photographs showing several junk vehicles stored and blocking the roadway as well as vehicles parked on his own property without permission. He regularly witnessed repair work performed on vehicles. stopped in the roadway and blocking access to his business. He identifiedi vans, pictured in the staffreport, which have been left in the same spot) for many years suggesting environmental violations Mr Dachuck continued: that recent efforts by Code Enforcement hadi resulted in minimal change. Some oft thej junk cars and vans had been removed along with truckloads of parts hauled from the property. Chickens were no longer present but Board members commented. that recent investigations oft the property hadi revealed ongoing business operations, junk vehicles still present and a pig seen roaming the  due toj fluid spills left to seep into the ground. there was still az rodent infestation.  vicinity.  Mr Carlos Churape offered no further comment. Mr Van Buren closed the public hearing. motion carried with a vote of5-0-0.  Mr Southerland. made ar motion, seconded by Mr Barth, to deny the request. The  Denied Absent: 2 Vote For: 5  20240811  V2024-28 [VARIANCE RENCHSINVISIMENIS LLC. V2024-28 [VARIANCE RENCHSINVISIMENIS LLC. is requestinga variance for property zoned] R-4 (Single Family Residential- 4 units/acre) locatedi in Land Lot 1146, District 16, Parcel 0800, 2nd Section, Marietta, Cobb County, Georgia, and being known as 398 Campbell Hill Street. Variance to reduce the setback fora a decorative wall: from 2'to0.Ward 4B. Ms. Little introduced V2024-28 and opened the public hearing.  Mr Johnny Sinclair, Ansley Real Estate represented the request. Mr Kisz, French. 3 Mr: Sinclair apologized for the lack of consideration, for the requireds setback oft the installed entrance way and asked the Board to approve the variance as. submitted  Investments, LIC. was also present. so the installation couldi remain.  City of Marietta  Page: 3  Printed on 10/3/2024 11:40:02AM    BOARD OF ZONING APPEALS  Meeting Minutes  September 30, 2024  There was no. support for the request; however; opposition was presented. Mr: Dan Rupnow, city resident, asked the Board to deny the request. He stated that a profèssional. contractor working within city limits should be aware ofthe regulations and adhere accordingly. In his opinion, variances should only be consideredi when requested prior toi need and not tof forgive instances fnon-compliance. Ms. Sally Powers, neighbor; commented on ongoing discord with Mr Kisz. She complained of unapproved) fence removal and property trespass and asked the Board to deny the request as. Mr Kisz presented as someone who did what he wanted with little consideration to rules andj for those affected by his actions. Mr Barth directed questions to Mr Kisz and asked ifhe was willing to work with the adjoining property owners to address the issues. Mr Kisz stated he would work with the neighbors to address their concerns but denied. Ms. Powers comments were With noj further comment or questions Mr: Van Buren closed the public hearing. Mr: Walker made ai motion, seconded by Ms. Carmichael, to approve as granting the application would not be detrimental or injurious toj property or improvements in the vicinity of the development site, or toi the public health, safety, or general welfare.  valid.  The motion carried with a vote of5-0-0. Approved and Finalized  Absent: 2 Vote For: 5  OTHER BUSINESS: ADJOURNMENT:  The September. 30th, 2024, Board ofZoning Appeals meeting adjourned. at 6.43pm.  gike  Khulsit LISA H. RAJABNIK, SECRETARY  City of Marietta  Page4  Printed on 10/3/2024 11:40:02AM