Archive for Variances – Past, 2008

Petition V-136, 2007

Search Tags <Platinum Auto Spa, Robert Burrows, Johnson Ferry Road, Shetland Avenue, 1075 Johnson Ferry Road, front setback>
Platinum Auto Spa, 678-560-6060, represented by Robert E. Burrows, President, 678-560-6060, requests waiver of the front setback from the required 50 feet to 18 feet.
Property is located on the west side of Johnson Ferry Road, north of Shetland Avenue (1075 Johnson Ferry Road); 1st District, Land Lot 67, Parcel 4.
Size of tract is 0.793 acre.
Present zoning is CRC
Contiguous zoning is: North: CRC, RSL; East: RSL, O&I; South: R-20 (Johnson Ferry Baptist Church); West: R-20 (Johnson Ferry Baptist Church).
Land use category: Community Activity Center
Case manager is Trish Steiner
BZA board member is Christi Trombetti
Reason: This canopy is for the protection of the majority of the car wash employees. With the canopy the car wash is in compliance with Occupational Safety and Health Administration (OSHA) guidelines for protection from heat stress/stroke and skin cancer by providing shade from direct sunlight. (OSHA Pub. 3154 and Fact Sheet 9516). Please see the 4 page Letter of Intent attached to the Application (a constitutional challenge for approval of the variance by applicant’s attorneys G. Douglas Dillard and Lauren M. Hansford).
Staff Comments: 
Preliminary Variance Analysis is here
Final Variance Analysis for December is here
Final Variance Analysis for February is here
Final Variance Analysis for July is here
ECCA position (January):  Oppose.
Applicant has agreed to relocate the vacuum equipment regardless of the outcome of the variance decision.
The ECCA position is that the canopy which intrudes into the front setback is more operational in nature rather than safety related.  It has been sized (three lanes) to handle maximum volume.  And it has been sized and located so as to consolidate the vacuuming process (previously handled elsewhere on the property) with the finishing or detailing process.  We believe this may have been done for efficiency and so as to provide room for expansion into other services (reference the new oil change station).
Comments were made last month by the commissioners … “that this business would not be approved through zoning if it was a new application.  There’s just too much going on for this parcel.  We agree with this assessment.”
We oppose this variance and respectfully request the BZA to deny the application.  We also express our concern about what precedent approval of this variance might establish. 
The only hardship appears to be trying to do too much on too small a parcel of land.  This is a self inflicted wound and does not represent a matter requiring accommodation through the variance process.  In summary, operational considerations of the business do not override Cobb County’s zoning ordinance.  This is a problem for which the business owner must find a solution without violating regulations.
Maximum impervious surface % allowed: 70%
Maximum impervious surface % planned: ?? %
ECCA position (July):   OPPOSED  No change in previous ECCA position. However we noted that the equipment has been relocated by owner. This case was held during fall of 2007 and then continued June 2008. County is reviewing related enforcement cases in the area.   ECCA concerned with other property owners using this cases to disregard setback regulations. Owner of Platinum Auto Spa is Bob Burroughs.
BZA Action (November, unofficial)CONTINUED until the December 12, 2007 Board of Zoning Appeals Variance Hearing
BZA Action (December, unofficial)HOLDuntil the January 10 Board of Zoning Appeals Variance Hearing.
At the next hearing, applicant to provide a stipulation letter noting the hardship and stipulations to resolve the problem. Letter to provide the following:
  • Location where they will be moved to, where they cannot be seen from Johnson Ferry Road
  • How the vacuum pipes and other apparatus will be rendered “invisible”
  • Fence or other hardscape along the frontage to minimize the visual impact of the operations from cars on Johnson Ferry Road
Staff to provide status of other car washes along Johnson Ferry Road and whether they comply with county code.
BZA Action (January, unofficial)Hold until the June 11, 2007 Board of Zoning Appeals Variance Hearing. The operational conditions of the car washes along Johnson Ferry and Roswell Roads will be assessed prior to the hearing to see if action needs to be taken to remedy common problems.
BZA Action (June, unofficial)Hold until the July 9, 2008 Boardof Zoning Appeals Variance Hearing
BZA Action (July)Petition DENIED.  Applicant must come into compliance with the front setback requirement by September 9, 2009.

Petition V-49

Search Tags <Freydale Road, Robin Lane, Red Oak Park, front porch>

Rabah Mouas, 770-364-3935, representing himself, requests waiver of the front setback from the required 35 feet to 30 feet on lot 1.

Property is located on the southeast intersection of Freydale Road and Robin Lane (447 Robin Lane, Red Oak Park subdivision); 17th District, Land Lot 792, Parcel 25.

Size of tract is 0.3 acre.
Present zoning is R-20
Contiguous zoning is:  North: R-20 (Red Oak Park);  East: R-20 (Red Oak Park);  South R-20 (Red Oak Park);  West R-20 (Red Oak Park).
Land use category:  Low Density Residential
Case manager is Eric Jacobsen & Abby Shiffman
BZA board member is Tom McCleskey

Reason:  I made a mistake on front porch.

Staff Comments: 
Preliminary Variance Analysis is here
Final Variance Analysis is here

ECCA position:  NO ACTION

BZA Action (unofficial):  APPROVED, subject to:

  • Development and Inspections comments
  • Only for the improvements shown on the site plan

Petition V-51

Search Tags <Imamian=Arabi,Hacienda Court, Rio Montana, Alemda Drive>

Mansour Imamian-Arabi, 404-516-1044, representing himself, requests waiver of the side setback from the required 10 feet to 6 feet adjacent to the western property line on lot 60.

Property is located at the south side of Hacienda Court, south of Alemda Drive (3072 Hacienda Court, Rio Montana subdivision); 16th District, Land Lot 518, Parcel 10.

Size of tract is 0.66 acres.
Present zoning is R-20
Contiguous zoning is:  North: R-20 (Rio Montana);  East: R-20 (Rio Montana);  South: R-20 (Rio Montana);  West: R-20 (Rio Montana)
Land use category:  Low Density Residential
Case manager is Roger Phelps
BZA board member is Christi Trombetti
Reason:  Variance is needed to follow ordinance.

Staff Comments: 
Preliminary Variance Analysis is here
Final Variance Analysis is here

ECCA position:  NO ACTION.  Applicant has no stated hardship.

BZA Action (unofficial):  APPROVED

Petition V-53

John LaBarbera, 770-952-8151, representing himself, requests waiving the rear setback on lot from the required 40 feet to 33 feet.

Property is located at the south side of Pine Valley Drive, south of Paper Mill Road (571 Pine Valley Road, Atlanta Country Club subdivision); 17th  District, Land Lots 1086 & 1093, Parcel 3.

Size of tract is 0.92 acre.
Present zoning is R-30
Contiguous zoning is:  North: R-30 (Atlanta Country Club);  East: R-30 (Atlanta Country Club);  South: R 30 (Atlanta Country Club);  West: R-30 (Atlanta Country Club).
Land use category:  Very Low Density Residential
Case manager is Mike Gerrits
BZA board member is Tom McCleskey
Reasons:  Existing hardwood trees on boundary of lot 30 and 31.  There is (sic) an existing 30” diameter and 20” diameter Oaks.  Moving the house will allow placement of house without removing these trees.
Staff Comments: 
Preliminary Variance Analysis is here
Final Variance Analysis is here

ECCA position:  We support the position taken by the Chattahoochee Plantation Homeowners Association.

BZA Action (unofficial):  APPROVED, subject to:

  • Stormwater Management comments
  • Development and Inspections comments

Petition V-56

Search Tags <Watola, Worley Drive, Key Street, Shaw Woods, accessory structure>

Charles Watola, 770-419-2077, representing himself, requests:

  1. Allow an accessory structure on lot 29 to the side of the primary structure;
  2. Allow an accessory structure closer to the side street than the primary structure; and
  3. Waive the rear setback from the required 35 feet to 8 feet (existing).

Property is located on the northwest intersection of Worley Drive and Key Street (3313 Key Street, Shaw Woods subdivision); 16th District, Land Lot 418, Parcel .

Size of tract is 0.7 acre.
Present zoning is R-20
Contiguous zoning is:  North: R-20 (Shaw Woods);  East: R-20 (Shaw Woods);  South R-20 (Shaw Woods);  West R-20 (Shaw Woods).
Land use category:  Low Density Residential
Case manager is Don Farrell
BZA board member is Christi Trombetti

Reason:  The topographical nature of the lot, steeply sloping back yard makes it prohibitive to place the accessory structure within the normal terms of the ordinance.

Staff Comments: 
Preliminary Variance Analysis is here
Final Variance Analysis is here

ECCA position:  No Action.  Variance applies to shed only.

BZA Action (unofficial):  Approved, subject to:
•    Development and Inspections comments
•    Approval is only for improvements shown on the site plan
•    Accessory structure not to be used for living or business use

Petition V-58

Search Tags <Rhonda Gilbert, R-20, R-30, Paper Mill Road, Johnson Ferry Road, Chattahoochee Plantation, fence height>
Rhonda Gilbert, 770-671-1533, represented by Richard Calhoun, 770-422-1776, requests the waiver of the height of a fence on lot 1 from the maximum allowable of 8 feet to 12 feet.
Property is located on the south side of Paper Mill Road, west of Johnson Ferry Road (4682 Paper Mill Road, Chattahoochee Plantation subdivision); 16th District, Land Lots 1134 and 1171, Parcel 10.
Size of tract is 1.9 acres.
Present zoning is R-20, R-30
Contiguous zoning is: North: NAC (Paper Mill Village); East: PI (Lutheran Church of the Resurrection); South: R-15 (Column Gate subdivision); West: R-20 (Chattahochee Plantation subdivision).
Land use category: Very Low Density Residential
Case manager is Mike Gerrits
BZA board member is Tom McCleskey
Reason: Shape and topography of subject property require a height greater than code requirement in order to provide adequate privacy.
Staff Comments: 
ECCA position:  We support the position taken by the Chattahoochee Plantation Homeowners Association.
Maximum impervious surface % allowed / planned: 35% /
Maximum impervious surface % allowed / planned: ?? % /
BZA Action (June, unofficial)Continueduntil the July 9, 2008 Board of Zoning Appeals hearing.
BZA Action (July, unofficial)Continueduntil the August 13, 2008 Board of Zoning Appeals hearing.
BZA Action (August, unofficial): APPROVE with the following stipulations:
  • Subject to revised letter of agreeable conditions from Richard W. Calhoun dated August 11, 2008

Petition Z-23

Search Tags<A&M Dental Office, LLC NS, Lower Roswell Road, Johnson Ferry Road Dental Office >

A& M Dental Office, LLC, 770-973-8222, represented by Andrew Speer, 404-214-5200 requests a rezoning from NS to GC for a Dental Office

Located on the south side of Lower Roswell Road, west of Johnson Ferry Road, District 1, Landlot 69, Parcel 29.

Size of Tract is 0.43 acres

Current Zoning: NS

Contiguous zoning is:  North: NS; East: GC; South: GC; West: GC

Future Land Use:  Community Activity Center

Case Manager:  Marvin Shams

Planning Commissioner: Mike Terry

District Commissioner:   Bob Ott

Proposed Use: Dental Office

Staff Comments:

Please click for Preliminary Zoning Analysis

Please click for Final Zoning Analysis

   Staff Recommends: Deletion to NRC with conditions

ECCA recommends (revised 9/6/10):    While the additional plans and letter addressed some of our concerns, not all of our questions have been answered.  While this building is being built, we still have concerns about safety and traffic control.  Dickerson Middle School and Mt. Bethel Christian Academy are both a ¼ mile from this project, so traffic along Lower Roswell is still present at 9AM for drop off and starts around 3-4 PM for pick-up at the schools.  In addition, middle school students like to walk home in the afternoon, so pedestrian traffic increases.  Along those lines, we would like to see an opaque chain link fence specified to screen construction from the public, a flagger be required for all construction trucks pulling in and out of the site for traffic control and the construction hours changed to after 9 AM Monday – Friday so that traffic will have a chance to dissipate.

While we understand that the pine trees will be taken down by a tree removal contractor, we recommend a stipulation stating that this will not occur on the week-end or after sundown so as not to disturb the surrounding neighborhoods.

Other items that were previously requested, but not yet addressed are the handling of stormwater run-off during construction, how the temporary entrance will be constructed, a comprehensive landscape plan including dumpster location and screening, lighting plan that insures that no light leaves the bounds of the property and illuminates the adjacent properties or roadways and finally, as the second floor will be finished, air conditioned and have a staircase, a stipulation stating that this will be used for storage only and the stipulation is to be recorded on the plat. 

Planning Commissioners Action:  Approved 5-0 subject to stipulations

Board of Commissioners Action:  Approved 5-0 subject to stip letter dated 9/14/10, schematic plan dated 9/13, elevations drawings and lighting types.

Petition V-63

Search Tags <William Ryan, PD, Township Cove Road, Jefferson Township Parkway, Jefferson Township, side setback>
William Ryan, 770-778-5580, represented by Wendy Ryan, 770-645-5580, requests waiving the side setback on lot 102 from the required 25 feet to 17 feet.
Property is located at the southeasterly side of Township Cove Road, east of Jefferson Township Parkway (4996 Turtle Cove Road, Jefferson Township subdivision); 16th District, Land Lots 30 & 43, Parcel 21.
Size of tract is 1.79 acres.
Present zoning is PD (Planned Development)
Contiguous zoning is: North: PD (Jefferson Township subdivision);
East: PD (Jefferson Township subdivision);
South: PD (Jefferson Township subdivision);
West: PD (Jefferson Township subdivision)
Land use category: Very Low Density Residential
Case manager is David Hong
BZA board member is Christi Trombetti
Reason: Homeowner could not optimize use of buildable area currently available to locate a screen porch.
Staff Comments: 
Please click for Final Variance Analysis
Development & Inspections: If this variance request is approved, a plat revision must be recorded reflecting the conditions of the variance. The surveyor must submit the revised subdivision plat to the Site Plan Review Section, Community Development Agency for review and approval prior to recording. Call 770-528-2147.
Stormwater Management: It appears that the proposed structure cannot be located within the current setback without blocking access to the existing carport. If approved, the eastern edge of the driveway should be curbed to keep additional runoff from impacting adjacent property to the east.
ECCA position:  No Action
BZA Action (unofficial): APPROVE subject to:
  • Development and Inspections comments
  • Sewer Comments
  • Only for the improvements shown on the site plan

Petition V-66

Search Tags <David London, side setback, Penhurst Drive, Bradbury Drive, 4060 Penhurst Drive, Penhurst>

 
David London, 770-354-8904, representing himself, requests waiving the side setback from the required 10 feet to zero feet adjacent to the southern property line on lot 14.
Property is located at the east side of Penhurst Drive, south of Bradbury Drive (4060 Penhurst Drive, Penhurst subdivision); 16th District, Land Lot 831, Parcel 42.
Size of tract is 0.53 acres.
Present zoning is R-15
Contiguous zoning is: North: R-15 (Penhurst); East: R-15 (Penhurst); South: R-15 (Penhurst); West: R-15 (Penhurst)
Land use category: Low Density Residential
Case manager is Jill Flamm
BZA board member is Christi Trombetti
Reason: A beautiful wooden arbor that has been constructed would have to be removed. The arbor design and placement was approved by the subdivision Homeowner Architectural Review Committee. As homeowners we assumed it could be built up to the property line. We made an honest mistake.
Staff Comments: 
Preliminary Variance Analysis is here
Final Variance Analysis is here
ECCA position:   No Action  We would prefer to allow the neighborhood (Penhurst subdivision) to sort this out.  Arbor built to side of house – all the way to the lot line, waiving side setback.  Neighborhood Architectural Control Committee approved construction but didn’t realize structure would not be built in accordance with regulations.
Maximum impervious surface % allowed: 35%
Maximum impervious surface % planned: N/A
BZA ActionCase has not been heard yet.

Petition V-67

Search Tags <Jennifer Mallet, R-20, Windburn Drive, Key Street, Shaw Woods, accessory location>
Jennifer Mallet, 404-783-9326, representing herself, requests:
  1. Allow an accessory structure (children’s treehouse) to be closer to the side street than the primary structure; and
  2. Allow an accessory structure (existing 80 square foot shed) to be closer to the side street than the primary structure.
Property is located on the southwest intersection of Windburn Drive and Key Street (1306 Windburn Drive, Shaw Woods subdivision); 16th District, Land Lot 418, Parcel 19.
Size of tract is 0.70 acre.
Present zoning is R-20
Contiguous zoning is:
North: R-20 (Shaw Woods subdivision);
East: R-20 (Shaw Woods subdivision);
South: R-20 (Shaw Woods subdivision);
West R-20 (Shaw Woods subdivision).
Land use category: Low Density Residential
Case manager is Paul Frickey
BZA board member is Christi Trombetti
Reason: Children’s tree house. We are located on corner lot and asking if tree house can be located left of house in corner of fenced-in back yard. Not closer to house but street.
Staff Comments: 
Please click for Final Variance Analysis
ECCA position:  .No Action
Maximum impervious surface % allowed: 35%
Maximum impervious surface % planned: N/A
BZA Action (unofficial): APPROVE subject to:
  • Accessory structure (tree house) to have a wooden exterior
  • Approval is only for the improvements shown on the site plan