City of Marietta Meeting Minutes PLANNING COMMISSION Bob Kinney Chairman Stephen Diffley. - Vice Chairman Craig Smith, Ward 1 Frasure Hunter, Ward2 Boozer. McClure, Ward3 Byron "Te"Anderson, Ward4 Brenda McCrae, Ward: 5  205 Lawrence: Street Post Office Box 609 Marietta, Georgia 30061  CIOrUIA  born  Tuesday, October 1, 2024  6:00PM  City Hall Council Chambers  Present: Robert Kinney, Stephen. Difley, Craig Smith, Frasure Hunter;  Byron 'Tee' Anderson, Brenda. McCrae  Absent: Boozer McClure  Staff Rusty. Roth, Director ofDevelopment Services; Shelby Little, Planning & Zoning Manager; Lisa Rajabnik, Planning & Zoning Coordinator; Daniel White, City Attorney  CALLTO ORDER & ROLLCALL:  Chairman. Kinney called the October Ist, 2024, Planning Commission meeting to Mr: Daniel White explained the rules and procedures followed during public  order at 6:00pm. hearings.  MINUTES: 20240863  September 3rd, 2024, Planning Commission Work Session and Meeting Approval oft the September 3rd, 2024, Planning Commission Work Session, and A7 motion was made by Mr Diffley, seconded by Mr: Hunter; to approve the September 3rd, 2024, Plaming Commission Work Session, and Meeting  Minutes Meeting Minutes.  City of Marietta  Page 1  Printed on1 10/15/2024 7:50:45AM    PLANNING COMMISSION  Meeting Minutes  October 1, 2024  Minutes. The motion carried with a vote of5-0-1. Mr Smith abstained.  Approved and Finalized Absent: 1 Vote For: 5 Abstain: 1  REZONINGS: 20240692  Z2024-16 REZONINGITHUY QUANG  Z2024-16 REZONING] THUY QUANG is requesting the rezoning of0.44 acres located in Land Lot 1073, District 16, Parcel 0320 oft the 2nd Section, Cobb County, Georgia, and being known: as 161 Sequoia Drive from OI (Office Institutional) to  R-3 (Single-Family Residential 3 units/acre). Ward 5B. Ms. Shelby Little mtroduced: request Z2024-16. Mr: Kinney opened the public hearing. Thuy Quang was also present.  Mr Sebastian Garcia, acting as agent for the applicant, presented the request. Ms. Mr: Garcia. stated that during the process ofo applying for building permits theywere informed the property was. zoned OI (Office Institutional); however; the present and Ms. Little added to Mr Garcia's comments that as stop work order had been issued by city inspectors because an un-permitted. addition was discovered: to the rear ofthe house. Further review ofaerial images revealed aj previous un-permitted. side addition constructed. sometime between 2021 and 2022. Because the side addition is partially situated within the 10f side. setback, rezoning approval would need to include a variance to allow ai reducedsetback, from 10' to 1 fthe variance is not approved, the existing addition would need to be removed and proposed addition There was no. support, for the request; however; opposition was presented. Mr Dan. Rupnow, meighborhoodi resident, commented: that un-permitted construction should not bej forgiven especially when variances were needed.  future use is single family residential.  plans revised.  The public hearing was closed.  City of Marietta  Page2  Printed on1 10/15/2024 7:50:45AM    PLANNING COMMISSION  Meeting Minutes  October 1, 2024  The commission members discussed the request.  Ms. McCrae suggested rezoning was warranted; however; approving the variance should be considered carefully. She asked the applicants why proper permitting had Ms. Quay stated that after purchasing the property she and her uncle discovered mold and rot issues. They immediately began work tor repair leaks ini the roofand chimney but continued to uncover, problems which they tried toi resolve. Ms. Quay said she had not given thought to the needj for permits until she received the stop Ms. McCrae asked ifany! licensed contractor had been consulted. Ms. Quay explained that she and her uncle were doing the work but hired Mr: Garcia afer With noj further comment or questions, the public hearing was closed. A motion was made by Ms. McCrae, seconded by Mr Smith to recommend denial. Should Council vote to approve, thej following variance would be incorporated. as a 1. Variance toi reduce the side yard setback from 10'to 1 [$708.03( (H)]  not been appliedfor?  work order:  receiving the stop- work order:  The motion carried with a vote of6 6-0-0.  condition ofzoning:  Recommended for Denial Absent: 1 Vote For: 6  20240787  Z2024-20 REZONINGI CITY OF MARIETTA  Z2024-20 REZONINGICITY OF MARIETTA is requesting thei rezoning of. .22 acresl located inl Land Lot 1144, District 16, Parcel 610 ofthe 2nd Section, Cobb County, Georgia, and beingl known as 373 Allgood Road from NRC (Neighborhood Retail Commercial) to R-4 (Single Family Residential 41 units/acre). Ward 5A.  Ms. Little introduced case Z2024-20. Mr: Kinney opened the public hearing.  City of Marietta  Page3  Printed on 10/15/2024 7:50:45AM    PLANNING COMMISSION  Meeting Minutes  October 1, 2024  Mr Roth represented: the request toi rezone the property, from NRC Neighborhood Retail Commercial) to R-4 (Single Family. Residential- 41 units/acre). He explained the property was one ofsix proposed as a Habitat for Humanity home. The home would ultimately be awarded to a qualifying candidate employed by the Cityof There was no. support or opposition presented and with noj further comment or A motion was made by Mr Diffley, seconded by Ms. McCrae to recommend. approval.  Marietta or Cityo ofMarietta School system. question, the public hearing was closed. The motion carried with a vote of  6-0-0.  Recommended for Approval  Absent: 1 Vote For: 6  20240792  Z2024-21 REZONINGITHE EXTENSION, INC. (COBB ELECTRIC Z2024-21 REZONINGITHE, EXTENSION, INC. (COBB ELECTRIC MEMBERSHIP CORPORATION). are requesting the rezoning of1 1.56134 acres located inl Land Lots 869 & 870, District 16, aj portion ofl Parcel 0190 ofthe 2nd Section, Cobb County, Georgia, and being known as aj portion of 1395 Bells Ferry Road from CRC (Community Retail Commercial) to OI (Office Institutional) witha a Speciall Land Usel Permit for an inpatient drug abuse treatment center. Ward 4B.  MEMITESHIPCOPORATION,  Ms. Little introduced case Z2024-21. Mr Kinney opened the public hearing.  Mr Moore (Moore, Ingram, Johnson & Steel, LLP), represented. the request. He explained the need to rezone a portion ofthe property for plans to buildar residential There was no. support) for the request; however; opposition was presented. Carol Donahue, Gladys Bayliss, Carolyn. Edwards and Karen Fletcher; all residents ofThe Cottages ofl Marietta, offered comments ofo concern regarding vagrancy, drugs, homeless encampments, trash andi illicit activityi in the area. Theyaddedi that the proposed facility could potentially increase, problems. in the. area and negatively  recoveryf facllipyforchemicaly dependent women.  impact the women who were trying toi rehabilitate.  City of Marietta  Page4  Printed on 10/15/2024 7:50:45AM    PLANNING COMMISSION  Meeting Minutes  October 1, 2024  They were not inj favor oft the typej facility proposed near their) homes. Carol. Brown, Canton. Road Neighbors, Inc. asked. Mr Moore toi table the request sO that the residents could meet with him to discuss the plans ini more detail. Shej felt the public hearing had not been advertised. effectively and the 200-foot catchment for Dan Rupnow, Marietta resident, pointed out the 12 items listed in the staffa analysis Mr Moore responded to the comments. He reiterated the proposed facility was not a shelter or outpatient clinic but rather ai rehabilitation and training, facility) for women inz residence. He added that 1395. Bells Ferry Road didi not share a property line with After some discussion, the Commission asked. Mr Moore ifhe would agree to table Ar motion was made by Mr Difley, seconded by Mr Hunter; to table the request for  public notifications was not sufficient. which had not) yet been discussed.  the Cottages neighborhood.  the request) for 30 days. Mr. Moore agreed.  thirty days. The motion carried with a vote of6-0-0.  Tabled  20240797  CA2024-05 [CODE. AMMENDMENT Proposal to amend the Comprehensive Development Code of the City ofl Marietta, Division 708, District Standards and Permitted Uses, Section 708.16, CRC, Community Retail Commercial and Section  708.17, RRC, Regional Retail Commercial..  Ms. Little introduced CA2024-05 and explained the details oft the proposedcode  amendment.  Mr. Kinney opened the public hearing. There was not opposition or support presented. The public hearing was closed.  A motion was made by Mr: Difley, seconded by Ms. McCrae, to recommend  approval. The motion carried with a vote of  6-0-0.  Recommended for Approval  City of Marietta  Page 5  Printed on 10/15/2024 7:50:45AM    PLANNING COMMISSION  Meeting Minutes  October 1, 2024  Absent: 1 Vote For: 6  OTHER BUSINESS: ADJOURNMENT:  The October Ist, 2024, Planning Commission meeting adjourned at 7.23pm.  el  ROBÉRT'W. KINNEY, Chairman Kvhie  LISA H.  RAJABNIKSecretary  City of Marietta  Page6  Printed on 10/15/2024 7:50:45AM