Development Services Center 178 Sams Street Decatur, GA: 30030 DeKalb County AHESNNEAaNS 404-371-2155 (o); E 404-371-455600 o R G A Chief Executive Officer DEPARTMENT OF PLANNING & SUSTAINABILITY Interim Director Michael Thurmond Cedric Hudson ZONING BOARD OF APPEALS APPLICATION FOR PUBLIC HEARING (VARIANCES, SPECIAL EXCEPTIONS, APPEALS OF ADMINISTRATIVE DECISIONS) Applicant and/or RLF III East, LLC clo Morris, Manning & Martin, LLP; Henry Bailey Authorized Representative: 3343 Peachtree Road, NE, Suite 1600 Mailing Address: Atlanta, Georgia 30326 City/State/Zip Code: Email: baley@mmmiaw.com 404.364.3198 Telephone Home: Business: OWNER OF RECORD OF SUBJECT PROPERTY RLF III East, LLC Owner: 1679 Koppers Court, DeKalb County, Georgia Address (Mailing): Email: Kegue@reaterm.com Telephone Home: Business: 443.321.3590 ADDRESSILOCATION OF SUBJECT PROPERTY 1679 Koppers Court N/A GA 3028E Address: City: State: Zip: 15 019, 020 15-019-05-015 District(s): Land Lot(s): Block: Parcel: M District 3, Super 6 Zoning Classification: Commission District & Super District: CHECK TYPE OF HEARING REQUESTED: X VARIANCE (From Development Standards causing undue hardship upon owners of property.) SPECIAL EXCEPTIONS (To reduce or waive off-street parking or loading space requirements.) OFFICIAL APPEAL OF ADMINISTRATIVE DECISIONS. *PLEASE REVIEW THE FILING GUIDELINES ON PAGE 4. FAILURE TO FOLLOW GUIDELINES MAY RESULT IN SCHEDULING DELAYS.* Email plansustain@dekalbcountyga.gov with any questions. 0 DeKalb County G DEPARTMENTOE PLANNING & SUSTAINABILITY ZONING BOARD OF APPEALS APPLICATION AUTHORIZATION OF THE PROPERTY OWNER I hereby authorize the staff and members of the Zoning Board of Appeals to inspect the premises of the Subject Property. I hereby certify that the information provided in the application is true and correct. - I hereby certify that I am the owner of the property subject to the application. - DATE: Dh9ky Applicant Signature: DATE: Applicant Signature: 0 DeKalb County - DEPARTMENT OF PLANNING & SUSTAINABILITY ZONING BOARD OF APPEALS APPLICATION AUTHORIZATION TO REPRESENT THE PROPERTY OWNER I hereby authorize the staff and members of the Zoning Board of Appeals to inspect the premises of the Subject Property. I hereby certify that the information provided in the application is true and correct. I hereby certify that I am the owner of the property and that I authorize the applicantlagent to apply.for hearing to the ZoningBoard of Appeals for the requests as shown in this application. DATE: Alaht Applicant/Agent Signature: TO WHOM IT MAY CONCERN: RLF III East, LLC ()/ (WE): (Name of Owners) being owner/owners) of the property described below or attached hereby delegate authority to the above signed agent/applicant a Notary Public Owner Signature Notary Public Owner Signature Notary Public Owner Signature KRISTIE LPHILLIPS Notary Public State of Maryland Anne Arundel County My Commission Expires Apr 12, 2026 MWA MORRIS, MANNING & MARTIN, LLP Henry A. Bailey 404-364-3198 nbaley@mmmlaw.com January 21, 2025 www.mmmlaw.com VIA ELECTRONIC FILING DeKalb County Office of] Planning and Sustainability 1300 Commerce Drive Decatur, Georgia 30030 RE: Letter of Intent - DeKalb County Zoning Board of Appeals application and resolution request (the "Application") by RLF III East, LLC (the "Applicant") for the property located at 1679 Koppers Court in unincorporated DeKalb County (the "Property") To Whom It May Concern: The owner ofthe Property as the Applicant is submitting an application for a variance from Section 3.39.6(C)1 of the Unified Development Code (the "Code") to bring the Property into compliance specifically as it relates to sidewalks. The Applicant previously filed an application to the DeKalb County Zoning Board of Appeals on this Property - Case No: A-23-1246576 - that was approved in part and denied in part on December 13, 2023 (the "Prior Application"). The part ofthe Prior Application that was denied is the basis of the current request, which is to reduce the current sidewalk requirement. Considering a year would have passed between the date the Prior Application was denied and when the Application was filed, the Applicant is also requesting the Zoning Board of Appeals issue a resolution to reduce the minimum twenty-four month waiting period to the time passed in accordance with Section 27-7.2(H)2 oft the Code. As a reminder and to provide background, the Property is designated as industrial and is located in the Bouldercrest Overlay District-Tier 4A. The Property is located in a largely industrial area dominated by vehicular and trucking activity. This Propertyl has been used largely in the same manner as the current uses since 1983 with some alterationslexpansions along the way. The lone issue standing between the Property and compliance with the Code is the sidewalk requirement of Section 3.39.6(C)1. The criteria considered for approval is enclosed herein. Best Regards, Henry A. Bailey, Jr. Phone: 404.233.7000] www.mmmlaw.com 1600 Atlanta Financial Centerl 3343 Peachtree Road, NEI Atlanta, GA 30326, USA Atlanta . Columbus . Raleigh-Durham Savannah . Washington, DC MORRIS, MANNING & MARTIN, LLP DeKalb County Office ofPlanning and Sustainability January 21, 2025 Page 2 DeKalb County Zoning Board of Appeals Criteria for Approval 1. There is an extraordinary or exceptional physical condition(s) pertaining to the particular piece of property (such as, but not limited to, lot size, lot shape, specimen tree(s), steep slope(s), or preservation of historic characteristics of the property), which was not created by the current owner,previous owner, or applicant; by reason ofa clearly demonstrable condition(s), the strict application of the requirements of this chapter would deprive the property owner of rights and privileges enjoyed by other property owners in the same zoning district, as distinguished from a special privilege or convenience sought by the property owner. There are extraordinary and exceptional physical conditions pertaining to the Property. Specifically, much ofthe area ofthe Property along the northern portion on Koppers Road has significant and extreme elevation changes. Considerable engineering and earth moving would be required to install a sidewalk in this location where it is unclear whether there is demand for significant pedestrian activity given the industrial nature of the immediate area. These elevation changes were not created by the current or prior owner and by requiring strict compliance with the Code in this section would deprive the owner of rights and privileges enjoyed by other property owners in the same district. To be clear, on sites where there is not as significant change in elevation, the owner could simply install the sidewalks without the amount ofe engineering and earth moving that would be required here. Simply put, the sidewalk requirement in this particular area ofthe property is misaligned with the amount work required to install it and the subsequent demand for its use. 2. The requested variance does not go beyond the minimum necessary to afford relief and does not constitute a grant ofspecial privilege inconsistent with the limitations upon other properties in the zoning district in which the subject property is located. As shown on the site plan, the Applicant is not requesting to completely eliminate the sidewalks on the Property. Rather, the Applicant is requesting to install the sidewalks on a portion ofthe frontage while connecting to the existing sidewalk located along the frontage of property located across Koppers Road to create a more connected pedestrian network. This request does not go beyond the minimum necessary to afford relief. MORRIS, MANNING & MARTIN, LLP DeKalb County Office ofPlanning and Sustainability January 21, 2025 Page 3 3. The grant of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zoning district in which the subject property is located. The grant of the variance will eliminate the requirement to construct a sidewalk in an area where there has been little known pedestrian demand. To the extent there is any pedestrian demand in the area the Applicant is proposing to further build out that network in accordance with the enclosed site plan. As such, there is nothing about the request that is materially detrimental to the public welfare or injurious to the Property or improvements in the zoning district. 4. The literal interpretation and strict application of the applicable provisions or requirements ofthis chapter would cause undue and unnecessary hardship. As noted above, the strict application ofthe provisions ofthe Code are: misaligned with amount of engineering and earth moving required to comply and with the existing pedestrian demand in this location. Requiring the Applicant to conduct such earth moving activity to install a sidewalk where there is little to no demand would cause an undue and unnecessary hardship. 5. The requested variance would be consistent with the spirit and purpose of this chapter and the DeKalb County Comprehensive Plan text. The requested variance is consistent with the spirit and purpose of this chapter. That is, the requested reduction in the sidewalk requirement is consistent with the stated intent of the Bouldercrest-Cedar Grove-Moreland Overlay District, where the property is located. One of the stated goals is to provide for the development of sidewalks and walkways in order to promote safe and convenient pedestrian access. The proposed variance request does just that as the site plan shows development of the sidewalk along Koppers Ct emanating from the cul- de-sac and connecting via a crosswalk with the existing sidewalk across Koppers Rd. This directly promotes safe and convenient pedestrian access to the area. Further, one other stated intent is to allow flexibility in development standards to encourage the design of innovative development. Considering this Property is already developed, the requested flexibility in the development standards as it relates to the sidewalks is directly aligned with this goal. Flexibility in the development standards in this case will allow for a creative and innovative approach to encouraging pedestrian activity in an area where there is not much of said activity presently. As it relates to the Comprehensive Plan text, the Property is designated LIND - Light Industrial. One of the stated goals oft this designation is to improve safety and community character by providing consistent lighting and landscaping, particularly street trees, along MORRIS, MANNING & MARTIN, LLP DeKalb County Office ofPlanning and Sustainability January 21, 2025 Page 4 public rights of way. The Property has already met this goal and has installed significant landscaping and street trees along the public right of way. Additionally, by granting the requested variance, improving safety and community character will also be satisfied as the sidewalk connection to the existing sidewalk across Koppers Road will help enhance the pedestrian network in the area as described above. N 1502 130.22 Arc13 Rad21 TIEINTO EXISTING SIDEWALK N57-20'08"E V211.80 - 8A400 Arc 224.64' Rad 190.13 & S'88°3709"E 259.11. 4' SIDEWALK WITH 5 LANDSCAPE STRIP BECAUSE OF 3.5' CLEARANCE BETWEEN GUY WIRES AND CONCRETE WATER MARKER. UTILITY LID TO BE ADJUSTED - 5' SIDEWALK WITH5' LANDSCAPE STRIP BECAUSE OF 3.5' CLEARANCE BETWEEN POLE ANDI BACK OF CURB o 5 SIDEWALK WITH 2' LANDSCAPE STRIP o & 9 5' SIDEWALK WITH 5' LANDSCAPE STRIP N - BECAUSE OF 3.5 CLEARANCE BETWEEN POLE ANDE BACK OF CURB 5' SOEWAKMINZURCNE STRIP B 4.5' SIDEWALK BECAUSE OF 2 CLEARANCE & BETWEEN EXISTING SIGNAND BACK OF CURB 5' SIDEWALK WITH 2' LANDSCAPE STRIP 4' SIDEWALK WITH4L LANDSCAPE STRIP BECAUSE OF 2.67' 'CLEARANCE BETWEEN POLE ANDI BACK OF CURB. CURB OR RETAINING WALL MAY BEI NEEDEDI BETWEEN SIDEWALKAND N56°49'16"E EXISTING FENCE BECAUSE OF EXISTING SLOPE 109.43' I E PID 150190501 CROSSWALK STRIPING (TYP.) 27.482_Acresor Arc238.4 48' 5 SIDEWALKI WITH -5 LANDSCAPE 1,197,119Sq.FL Rad 59.91 STRIP BECAUSE 3.5' CLEARANCE BETWEEN GUY WIRES ANDI BACK OF CURB. CONSTRUCTION PRESENT, EXISTING UTILITIES TO BE AVOIDED 5' SIDEWALK WITH2 LANDSCAPE STRIP TO AVOID S 80-2219E EXISTING GATE ACCESS B 8 CONTROLS 121.88 de 5 / a d0 - 8 AAccess I y 5 SIDEWALK PROPOSEDPEDESTRAN: STRIPING 3 SBL do M 3' SIDEWALK BECAUSE OF 3' - loading L 20 CLEARANCE BETWEEN CONCRETE dock MAILBOX PAD AND CONCRETE 0 - 148.0 25 UTILITYPAD 15) 4' SIDEWALK BECAUSÉ0F45 E CLEARANCE BETWEEN EXISTING underground TF HYDRANT ANDI BACK OF CURB. water detention WATERI METERLID TO BE area 1 story ADJUSTED - DB 27815 Pg 396 metal bldg 00 see inset N E 157.1 a - 1 - E 20'SBL 10 landscape buffer N 891632W651.00: Timothy Smith PID 15019,05017 DB 21735Pg291 SITE PLAN 11/14/2024 KimleyHorn N 1502 130.22 Arc13 Rad21 N57-20'08"E 211.80 . 8A400 Arc 224.64' Rad 190.13 S'88-3709"E 259.11. - & N 0 2 N56°49'16"E 109.43' CROSSWALK STRIPING S(TYP.) PID 150190501 Arc238.4 48' 1,197,119Sq.FL 27.482_Acresor Rad 59.91 S 80-2219E 121.88 8 acces PROPOSEDPEDESTRAN: STRIPING - loading 6 20 SBL 0 dock - 148.0 R2s 15) underground water detention area 1 story - DB 27815 Pg 396 metal bldg 00 see inset N E 157.1 a - 1 - 20'SBL 10 landscape buffer N 891632W651.00: Timothy Smith PID 15019,05017 DB 21735Pg291 SITE PLAN 11/14/2024 KimleyHorn Site Photo Location Map V - a a A A - @ 2 3 P507667 PENSKE E oiRe PENSKE VAASKE Adjacent Property Sidewalk- 1678 Koppers Road 3 & 4 / 5 Development: Services Center [0) 178 Sams Street Decatur, GA 30030 NDAEVANS DeKalb County 404-371-2155 (o); 404-371-455600 G o A Chief Executive Officer DEPARTMENT OF PLANNING & SUSTAINABILITY Interim Director Michael Thurmond Cedric Hudson PRE-APPLICATION FORM ZONING BOARD OF APPEALS Last updated: 12/07/23 Applicant Information Applicant Name: Phone: Email: Meeting Information Date/Time: Planner Name: Planner Email: Subject Property Property Address: Comm. District(s): Tax Parcel ID: Zoning: Land Use: Overlay: Existing Use: Supplemental Regs: Proposed Project Project Description: Code sections/1 Titles needing a variance from: