DeKalb County Department ofl Planning & Sustainability 0 178 Sams Street Phone: (404) 371-2155 DeKalb County Decatur, GA 30030 ealsounypagoplmang DeKalb County GE GIA GEOR GIA Lorraine Cochran-Johnson Cedric Hudson Chief Executive Officer Interim Director ZONING BOARD OF APPEALS APPLICATION FOR PUBLIC HEARING (VARIANCES, SPECIAL EXCEPTIONS, APPEALS OF ADMINISTRATIVE DECISIONS) Applicant and/or GARRETT COLEY Authorized Representative: PO BOX 957421 Mailing Address: DULUTH GA 30095 City/State/Zip Code: coleypmis1@gmal.com Email: 678-886-6678 Telephone Home: Business: OWNER OF RECORD OF SUBJECT PROPERTY John Hull Owner: 30033 Mailing Address: 15B3 Heatherwood Drive, Dicalur,GA 770 - 309 -4164 Email: hwljohn @ Cowcast, Mk Tap-P-Pt-A-s ADDRESSLOCATIONOF: SUBJECT PROPERTY 1583 HEATHERWOOD DRIVE DECATUR GA 30033 Address: City: State: Zip: 18TH 149 18 49 013 District(s): Land Lot(s): Block: Parcel: Zoning Classification: R-100 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 SCHEDULINGI DELAYS.* Email iaaksescRsN with any questions. [) DeKalb County A DEPARTMENT OF PLANNING & SUSTAINABILITY 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 hercby certify that I am the owner of the property subject to the application. 3/25/2025 DATE: SIGNATURE: 0 DeKalb County G DEPARTMENT OF PLANNING & SUSTAINABILITY AUTHORIZATIONTO 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. Ihereby 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 applicant/agent to apply for a hearing to the ZoningBoard of Appeals for the requests as shown in this application. 3/21/2025 GARRETT COLEY DATE:. APPLICANT/AGENT SIGNATURE TO WHOM IT MAY CONCERN: (I)/ (WE): Tohn5.Hall Namc of Owner(s) being (owner/owners), ofthe property described below or attached hereby delegate authority to the above signed agent'applicant. Oasar B.6uin Notary Public Owner Signature . < UBLIC 16. 25 VTV [0) DeKalb County GE E o GI A DEPARTMENT OF PLANNING & SUSTAINABILITY Filing Guidelines for Applications to the Zoning Board of Appeals 1. Submit Application Materials: a. To ensure proper processing and payment, please create a profile and upload at least page 1 of your application to: htpslepermits.dekalbcountygagov. (no more than 10mb permitted). Ifyou have an existing account, you may use that account and create a new application number by selecting the proper application type. Fill out all Account Portal Questions Put your email address under WEB ACCOUNT" SAVE APPLICATION NUMBER (124XXXX) send to staff when you email your complete application. b. After portal submittal, email one (1) combined PDF document of the completed application and materials to imsnihoaN and smerasabsoumesy along with application number. C. Please confirm we have received your application. d. For any questions, please contact plansustain@dekalbcountyga.goy 2. Order ofSubmitted Materials: a. Application Form b. Signatures and authorization (including permission to go on property) C. LetterofIntent d. Surveys, site plans. e. Other relevant materials (e.g., photographs, letters of support, citation, etc.) 3. Authorization: a. Ifproperty owneri is different from the applicant, the form to authorize the application must be signed by the owner and stamped by a notary. b. Ifpropertyis owned by more than one property owner, all property owners must authorize the request. 4. Letter ofl Intent: a. Explain what you are asking for and why. b. At typed statementi indicating the request and clarifyingj justification fort thej proposal based on the criteria as indicated in Section 27-7.5.3 or 7.5.4 of the DeKalb County Zoning Ordinance (see attached information). C. Reference the section of the code you are requesting to vary and the amount of requested change, (such as to reduce the rear yard setback from forty (40) feet to twenty (20) feet to construct an addition). 5. Surveys and site plans of the Subject Property: a. Must be stamped by a professional engineer or surveyor, registered in the State of Georgia. b. All plans and surveys must include the following information: 1. Must show all property lines with dimensions. 2. Must show the location of all existing and proposed buildings, structures, parking and setbacks (their relationship to the property boundaries). 3. Must show any other features related to the request such as trees, fences, topography, streams, etc. 4. Must bet to-scale 5. Must show lot area and lot coverage (impervious materials, including paving and structures). 6. Application Fee is $300. You will be able to pay by credit card on the epermitting portal. A: receipt will be provided. [0) DeKalb County GEO GI A DEPARIMENT OF PLANNING & SUSTAINABILITY Writing the Letter of Intent Please address the: following criteria as appropriate: 7.5.1 Applications for variances; and criteria to be used by the zoning board of appeals in deciding applications for variances. The zoning board of appeals shall hear and decide applications for variances from the strict application of the regulations of this chapter and chapter 21 where the strict application of any regulation enacted under said chapters would result in exceptional and undue hardship upon the owner of such property. In determining whether or not to grant a variance, the board shall apply the criteria specified in this section to the facts of each case. The board may attach reasonable conditions to any approved variance in accordance with section 7.3.9. Once imposed, conditions shall become an integral part of the approved variance and shall be enforced as such. No changes to an approved condition attached to a variance shall be authorized except by re- application to the zoning board ofappeals in full compliance with the applicable provisions ofthis division. No relief may be granted or action taken under the terms of this division unless such relief can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of this chapter and the comprehensive plan. The zoning board of appeals shall apply the following criteria to the types of applications specified below as follows: A. Variances from the provisions or requirements of this chapter other than variances described in section 7.5.4 shall be authorized only upon making all of the following findings in writing: 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 ofthe 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. 2. The requested variance does not go beyond the minimum necessary to afford relief and does not constitute a grant ofs special privilege inconsistent with the limitations upon other properties in the zoning district in which the subject property is located. 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. 4. The literal interpretation and strict application of the applicable provisions or requirements of this chapter would cause 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. B. Appeals of decisions regarding building architectural design standards shall be evaluated using the same criteria as section 7.6.7(B). [0) DeKalb County GEOR GI A DEPARTMENT OF PLANNING & SUSTAINABILITY C. Appeals to the height standards, but not to add stories, shall be evaluated using the criteria as follows: 1. Adequacy ofthe size ofthe site for the use contemplated and whether or not adequate land area is available for the proposed use including provision of all required yards, open space, off-street parking, and all other applicable requirements of the zoning district in which the use is proposed to be located. 2. Compatibility of the proposed use with adjacent properties and land uses and with other properties and land uses in the district. 3. Adequacy of public services, public facilities, and utilities to serve thej proposed use. 4. Whether or not thej proposed use provides for all required buffer zones and transitional buffer zones where required by the regulations of the zoning district in which the use is proposed to be located. 5. Whether or not the size, scale and massing of proposed buildings are appropriate in relation to the size ofthe subject property and in relation to the size, scale and massing of adjacent and nearby lots and buildings. 6. Whether or not the proposed use will create a negative shadow impact on any adjoining lot or building as a result oft the proposed building height. 7.5.2 Applications forvariances to reduce or waive off-street parking or loading space requirements. The zoning board of appeals shall hear and decide applications for variances to reduce or waive required off- street parking or loading spaces in accordance with the provisions and standards of this section. All such applications shall be heard and decided based on the notice requirements of section 7.2.4. The zoning board of appeals may waive or reduce the required number of parking or loading spaces in any district only upon an expressed finding that: A. The character of the use ofthe building(s)i is such as to make unnecessary the full provision of parking or loading spaces; B. The lot upon which the building(s) is located is within one thousand (1,000) feet of the boundary of a MARTA RapidTransit Station; C. Thej provision ofthe full number of parking spaces would have a deleterious effect on a historic building, site, district or archaeological resource; D. The use has a characteristic that differentiates it from the typical use example used in the formulation ofthis ZoningOrdinance; E. The location of the proposed development is relatively isolated where the opportunity for diversity of use, pedestrian access, and alternative modes is not available; or F. The developeri is providing the additional spaces for general public parking (for hourly or daily parking charges) to serve surrounding development. [0) DeKalb County GEO G A DEPARIMENT OF PLANNING & SUSTAINABILITY Section 21-27.Sign Variances. (a) Where a literal application of this article, due to special circumstances, would result in an unusual hardship in an individual case, a variance may be granted by the zoning board of appeals after receiving evidence that the applicant meets all ofthe following criteria: 1. Exceptional conditions pertaining to the property where the sign is to be located as a result of its size, shape, or topography, which are not applicable to other lands or structures in the area; 2. Granting the variance would not confer on the applicant any significant privileges which are denied to others similarly situated; 3. The exceptional circumstances are not thei result of action by the applicant; 4. The requested variance is the minimum variance necessary to allow the applicant to enjoy the rights commonly enjoyed by others similarly situated; 5. Granting oft the variance would not violate more than one (1) standard of this article; and 6. Granting the variance would not result in allowing a sign that interferes with road or highway visibility or obstruct or otherwise interfere with the safe and orderly movement of traffic. (b) No variance shall be granted to thel height ofa sign or the aggregate area of signs permitted on a lot. (c) No variance shall be granted which increases the size of a sign more than twenty (20) percent ofthat allowed by this chapter. (Ord. No. 13-03, Pt. I, 6-10-03) 7.5.3 Appeals of decisions of administrative officials. A. General Power. The zoning board of appeals shall have the power and duty to hear and decide appeals where it is alleged by the appellant that there is error in any final order, requirement, or decision made by an administrative official based on or made in the enforcement ofthis Zoning Ordinance or as otherwise authorized by local law or the Code ofDeKalb County as Revised 1988. Administrative officials must make final decisions covered by this section within one hundred and eighty (180) days of receipt of all necessary information to make such decision. A failure to act prior to the passage of one hundred and eighty (180) days shall not be construed to be a final order, requirement or decision within the meaning of this division. If a decision is not made by the 181st day, thei requested decision is deemed denied, and becomes appealable. All such appeals shall be heard and decided following the notice requirements of section 7.2.4, and pursuant to the following criteria and procedural requirements. B. Appeals of decisions of administrative officials. Appeals of decisions of administrative officials may be filed by (1) any person aggrieved by; (2) any elected member of the DeKalb County Governing Authority affected by;or(3) an owner ofp property within two hundred and fifty (250) feet ofthe nearest property line ofthe property that is the subject of any final order, requirement, or decision of an administrative official, based on or made in the enforcement of this Zoning Ordinance, or as otherwise authorized by local law or the Code of DeKalb County as Revised 1988. by filing with the secretary ofthe zoning board of appeals an application for appeal, specifying the grounds thereof, within fifteen (15) days after the action was taken by the official that is the subject of the appeal. C. Appeal stays all legal proceedings. An appeal of a decision of an administrative official stays all legal proceedings in furtherance ofthe action or decision appealed from unless the official from whom the appeal is taken certifies to the zoning board ofappeals, after notice ofappeal has been filed, that by reason offacts stated in the certificate, a stay would, in that official's opinion, cause imminent peril to life or property. In such a case, legal proceedings shall be stayed only pursuant to a restraining order grantedl by a court of competentjurisdiction directed to the officer from whom the appeal is taken and on due cause shown. [0 DeKalb County DEPARTMENTOF PLANNING & SUSTAINABILITY GEORGIA D. Appeal stays land disturbance or construction activity in certain situations. Ift the action or decision appealed from permits land disturbance or construction activity to commence or continue on residentially zoned property, the appeal stays the land disturbance or construction activity until the zoning board of appeals issues a decision on the appeal. Thereafter, land disturbance or construction activity in such cases shall only be stayed by an order from a court of competent) jurisdiction. In all cases involving non-residentially zoned property, the appeal to the zoning board of appeals does not stay land disturbance or construction activity; such activity shall only be stayed by an order from a court of competent jurisdiction. E. Thereafter, in such situations land disturbance or construction activity shall only be stayed by an order granted by a court of competent jurisdiction. F. Time ofhearing. The zoning board of appeals shall fix a reasonable time for the hearing ofthe appeal and give notice thereof pursuant to the requirements of section 7.2.4 as well as written notice to the appellant. Any party may appear at the hearing in person, by an agent, by an attorney, or by the submission of written documentation. G. Decision oft the zoning board ofappeals. Following the consideration of all testimony, documentary evidence, and matters of record, the zoning board of appeals shall make a determination on each appeal and shall issue a written decision explaining the reasons for its decision. The zoning board of appeals shall decide the appeal within a reasonable time, but in no event more than sixty (60) days from the date ofthe hearing. An appeal shall be sustained only upon an expressed finding by the zoning board of appeals that the administrative official's action was based on an erroneous finding of a material fact, erroneously applied the Zoning Ordinance to the facts, or that the administrative official acted in an arbitrary manner. In exercising its powers, the: zoning board of appeals may reverse or affirm, wholly or partly, or mayi modify the order, requirement, decision or determination appealed from, and to that end shall have all the powers of the administrative official from whom the appeal was taken and may issue or direct thei issuance of a permit, provided all requirements imposed by any applicable laws are met. 7.5.4 Limitations of authority ofthe zoning board of appeals. No variance shall be granted by the zoning board of appeals to: A. Allow a structure or use not listed as a permitted use or a special use in the applicable zoning district or a density of development that is not authorized within such district. This prohibition does not apply to any variance from the supplemental regulations of Article 4 of this Zoning Ordinance or from any other accessory feature or characteristic of aj permitted or special use, unless said variance is otherwise prohibited by the regulations of this chapter. B. Allow any variance which conflicts with or changes any requirement enacted as a condition ofzoning or of a special land use permit by the board of commissioners. C. Reduce, waive or modify in any manner thei minimum lot width unless the purpose is to reverse a lot merger. D. Reduce, waive or1 modify in any manner the minimum lot area established by this chapter. E. Extend the time period for a temporary outdoor social, religious, entertainment or recreation activity approved by the director of planning. F. Permit the expansion or enlargement of any nonconforming use of land, nonconforming use of land and buildings in combination, nonconforming use of land and structures in combination, or nonconforming use requiring special land use permit. [0) DeKalb County GEOR GI A DEPARTMENT OF PLANNING & SUSTAINABILITY G. Permit the reestablishment of any nonconforming use of land, nonconforming use ofland and buildings in combination, nonconforming use ofland and structures in combination, or nonconforming use requiring special land use permit where such use has lapsed pursuant to the requirements and limitations of Article 8 of this chapter. H. Permit customer contact for a home occupation authorized by this chapter. I. Allow any variance to increase the height of al building which will result in adding a story. [0) DeKalb County GE E o - A DEPARTMENT OF PLANNING & SUSTAINABILITY Summary ofZoning Board of Appeals Application Process: 1. Timeline. It takes 45-60 days to submit your application and receive an initial decision from the Zoning Board of Appeals regarding your request. 2. Pre-application Meetings. DeKalb County now mandates pre-application meetings. Please email plansustain@dekalekalbcountypa.goy to schedule a virtual appointment to meet with a Planner assigned to the Zoning Board of Appeals. During the virtual meeting, we will review and provide feedback regarding your request, review the application process, and answer any questions. 3. Application Submittals. Create a profile and upload at least page 1 of your application to: SSCEENA (no more than 10mb permitted). Email a combined PDF document of the completed application and materials to plansustain@dekalbcountyga.goy and leaneraaalsumswr along with the application number. 4. Public Hearing Signs. You will need to post at least one sign per street frontageof the pr operty. Staff will prepare a sign template. You will need to coordinate sign printing and posting with a sign company of your choice, at least 30 days prior to the ZBA hearing. Sign(s) must remain posted until final Board of Appeals action regarding the request. Ifthe application is deferred, you may update the sign(s). 5. Revisions or amendments. An application must be submitted in writing and must be received a least 14-days before the scheduled meeting to be addressed by the staff report. 6. Staff Report. Staff prepares reports and recommendations for each application. These recommendations are based on the attached criteria established by the DeKalb County Zoning Code. Final staff reports are available to the applicant and the public prior to the scheduled Board of Appeals meeting. Find current reports on our website, here: htps/www.dekalbbcountypagovpaming-andsustainahaimablitypublicharning-agendas-info 7. Monthly Meetings. The Zoning Board of Appeals meets once a month, generally on the second Tuesday of each month at 1:00 P.M., via Zoom. Find agendas on our website, HERE. 8. Applicant and/or Representative must be Present. Applicants or their representatives must be present at the public hearing to present the request to the Zoning Board of Appeals. 9. Public Hearing portion ofMeeting. Applicants and others in favor ofan application are given a total offive(5) minutes to present to the Board. That is five minutes combined, no matter how many people wish to speak. Applicants should be prepared to explain their variance, why they are requesting it and answer questions from the board. Anyone speaking in opposition also has a total of five (5) minutes to address the application in front oft the board. Be prepared to raise your hand or announce yourself when the chair asks for those in support or opposition to the application. 10. Applicant and/or Representative must be Present. Applicants or their representative must be present at the public hearing to present the request to the Zoning Board of Appeals. 11. Executive Session. After the public hearing, the Board of Appeals will close the public hearing, go into executive session for discussion, and will then take an action on an application. Applicants are not allowed to address the Board of Appeals during Executive Session unless they are asked 12. Zoning Board of Appeals Actions. The Board of Appeals is authorized to: a. Approve the application as submitted; b. Approve a revised application; C. Approve an application with conditions; d. Deny an application (if an application is denied, no variance can be considered on the same site within 24 months); e. Allow an application tol be "Withdrawn without Prejudice" at the request ofthe applicant. [0) DeKalb County GEC o GI A DEPARTMENT OF PLANNING & SUSTAINABILITY 13. Compliance with standards upon denial. In such case that a variance request is initiated due to an existing code violation and such application is denied, the violation shall be required to be brought into compliance within thirty (30) days of such denial or as specified by thel board ifa greater time period is approved. 14. Successive applications. Section 27-920 of the DeKalb County Zoning Ordinance states: An application for a variance or special exception affecting all or a portion of the same property which was denied by the Zoning Board of Appeals shall not be submitted more than once every twenty- four(24) months measured from the date of final decision by thez zoning board of appeals. The Zoning Board of Appeals may waive or reduce this twenty- four-month time interval by resolution provided that if the application for a variance or special exception was denied by the Zoning Board of Appeals, the time interval between the date of said denial and any subsequent application or amendment affecting the same property shall be no less than six (6) months. 15. Appeals of Decisions. Any person aggrieved by a final decision of the board, or any officer, department, board or agency affected by such decision, may seek review of such decision by petitioning the Superior Court of DeKalb County. Such petition shall be filed within 30 days after the final decision of the board is rendered. BZA APPLICATION- LETTER OF INTENT 1583 HEATHERWOOD DRIVE DECATUR GA 30033 THE INTENT OF THIS APPLICATION IS TO REQUEST A VARIANCE TO CONVERT AN EXISTING DECKINTO A SCREENED PORCH. THE EXISTING DECK CURRENTY ENCROACHES INTO THE REAR YARD SETBACK. THE REQUEST WOULD BE FROM THE REQUIRED 32 FEET FROM THE REAR PROPERTY LINE TO ALLOW FOR 23'2 INCHES OF ENCROACHMENT, THE EXISTING FOOTPRINT WOULD REMAIN THE SAME. NO ADDITIONAL LOT COVERAGE OR LAND DISTURNBANCE WOULD BE REQUESTED. THANK YOU GARRETT gC4 : B a3 E 6 g 9 a B 8 € a 9 - 3 - ER 8 I - a E E E 8! I - N P EKRR a % X 6 - 3 @ . 1g a B : de ONIAVd HdSV 6 1 - 9 SVO.8 INTSS 3 SS 8 SS 800 8 (M/4,09) "HI GOOMHAHIVH 8 INTAIMSV.97 X3 N de JE WO'd M/S Cu X008830M 01 E9F M.6F.0Z.IONE 1 084 # 3 E - 6 e A a 5 0. PORCH E 5 8 2 a 1 ZL6 a E - b 3 Va0r 9 * 3 2: do 76 1LS 5 978 3 d a 77 6 6. 50.25' - 980 S01 49'2 3"W $032215'w / MAGNETIC PROJECT ADDRESS 24 HOUR CONTACT/ /DEVELOPER e - - 1583 HEATHERWOOD DR. BRANDT FURIN ITISHREBY CERIRED THAT THS PLATIST TRVE e DECATUR CELL 404-496-4241 & AND COPRECT ANDW WS PREPAREDF FRONL AN ACTUAL 5 5 e, SURVEY OF THEF PROPERIY MADE 3Y ME OR UNDERI MY I PARCEL ID 18 149 08 013 HURD PRINCE & ASSOCIATES, INC. SUPERMSIOE THAT ALL MONUNENTSS SHOINH HEREON a 8 LAND LOTLAND LOT 149 *Consulting Planners Surveyors* THERL ACTUALLY LOCATION, EXST SIE, OR ARE DPE MARKED AMDM MATERIAL AS "TUTURE" ARE a - 110_MLK S - DISTRICT 1Bth_DISTRICT SR. PERTAC TRAIL & CORRECTYS SHOWNE 5 COUNTY DEKALB Stockbridge, Georgio 30281-3424 < CE E STATE) GEURGIA OFFICE: (678) 593-5430 CELL:(404) 372-7304 a