Archive for Variances – Past, 2011

Petition V-5

Search Tags <Jeffrey and Nina Kim, R-15, Bellingham Drive, Roswell Road, impervious surface>

Jeffrey and Nina Kim, 770-998-9810, representing themselves, requests to waive the maximum allowable impervious surface from 35% to 52for the  existing impervious surface.

Property is located on the north side of Bellingham Drive, west of Roswell Road (4805 Bellingham Drive,) in District 1, Land Lot 94, Parcel 38.

Size of tract is .34 acres

Current zoning: R-15

Contiguous zoning is:  North: R-80; South: R-15 (Bellingham Subdivision); West: R-15 (Bellingham Subdivision); East: R-15 (Bellingham Subdivision);

Future Land Use: Low Density Residential

Case Manager is Roger Phelps

Zoning Appeals and Variances Commissioner is David Poteet

Reason:  Existing impervious surface

Staff Comments:

Please click for Preliminary Variance Analysis

Please click for Final Variance Analysis

ECCA position:  Approval subject to:

 1) The infiltration trench be installed behind the retaining  wall to capture the runoff from the downspouts and pool;

  2) Trees will be planted in the tree save area; and

  3) Subject to all staff comments and recommendations.

Board of Zoning Appeals and Variances Action: Approved 5-0 subject to the following stipulations:

1) All plans and reports submitted 1/5/11;

2) Landscape buffer to be approved by the county arborist;

3) Approved for these improvements only; and

4) All staff comments and recommendations.

Petition V-12

Search Tags <James Lord, R-20, Meadow Chase, Sewell Mill Road, utility shed>

James E. Lord, 404-271-8242, representing himself, requests to waive the rear setback for an accessory structure over 144 sq. ft. from 35 ft. to 10 ft. for a utility shed under construction.

Property is located on the west side of Meadow Chase, south of Sewell Mill Road (3450 Meadow Chase Drive,) in District 16, Land Lot 836, Parcel 65.

Size of tract is .7 acres

Current zoning: R-20

Contiguous zoning is:  North: R-20 (Meadow Chase Subdivision); South: R-20 (Meadow Chase Subdivision); West: R-20 (Meadow Chase Subdivision); East: R-20 (Meadow Chase Subdivision).

Future Land Use: Low Density Residential

Case Manager is Roger Phelps

Zoning Appeals and Variances Commissioner is David Poteet

Reason:  Utility Shed under construction

Staff Comments:

Please click for Preliminary Variance Analysis

Please click for Final Variance Analysis

ECCA position:  No Action

Board of Zoning Appeals and Variances Action: Approved 5-0 subject to:

  • Shed to be finished by 12/31/11.
  • For shed only
  • All staff recommendations
  • No business or living in shed.

Petition V-13

Search Tags <Kevin & Ruth Huff, R-20, Jamerson Forest Circle, Jamerson Road, Porch Addition>

Kevin & Ruth Huff, 770-729-5804, representing themselves, requests to waive the rear setback from 35 ft. to 19 ft. for a porch addition.

Property is located on the southwest intersection of Jamerson Forest Circle, south of Jamerson Road (4791 Jamerson Forest Circle) in District 16, Land Lot 89, Parcel 10.

Size of tract is .5 acres

Current zoning: R-20

Contiguous zoning is:  North: R-20 (Jamerson Forest Subdivision); South: R-20 (Jamerson Forest Subdivision); West: R-20 (Jamerson Forest Subdivision); East: R-20 (Jamerson Forest Subdivision).

Future Land Use: Low Density Residential

Case Manager is Tanya Roberts

Zoning Appeals and Variances Commissioner is David Poteet

Reason:  Porch Addition

Staff Comments:

Please click for Preliminary Variance Analysis

Please click for Final Variance Analysis

ECCA position:  No Action

Board of Zoning Appeals and Variances Action: Approved 5-0 for this structure only.

Petition V-16

Search Tags <Javad Salmasi, TS , Windy Hill Road, I75, Rent Space>

Javad Salmasi, 770-303-0922, representing himself, requests to 1) waive the rear setback from 30 ft. to 5 ft.; and 2) waive the major side setback from 25 ft. to 5 ft. in order to rent the property. Additional variances requested: 3) reduce the required number of parking spaces from 40 to 10; and 4) allow on-site automotive repairs on a property that has a convenience store with self-service fuel sales.

Property is located on the northwesterly intersection of Windy Hill Road and I75 in District 17, Land Lot 852, Parcel 5.

Size of tract is 1.1 acres

Current zoning: TS

Contiguous zoning is:  North: TS; South: GC; West: GC; East: I 75.

Future Land Use: High Density Residential

Case Manager is Eric Jacobsen

Zoning Appeals and Variances Commissioner is Kim Swanson

Reason:  Rental

Staff Comments:

Please click for Preliminary Variance Analysis

Please click for Final Variance Analysis

ECCA position:  We will not oppose variances 1,2 and 4. We recommend denial of variance 3 due to the lack of a hardship. In addition we recommend that the applicant continue to operate the carwash in compliance with current stormwater discharge requirements.

Board of Zoning Appeals and Variances Action (Feb): Continued by staff

Board of Zoning Appeals and Variances Action (Mar): Deny Variances 1, 3 and 4. Grant Variance 2. In addition the required number of parking spaces changes to 35 with the denial variance 4. Motion carries 5-0

Petition V-27

Search Tags <Robinson Road Development, LLC., R-20, Old Canton Road, Robinson Road, 3 lot size variances>

Robinson Road Development, LLC, 404-281-4554, represented by Todd Thrasher, 404-281-4554 requests to waive the lot size of lots 14 & 15 from the required 20,000 square feet to 15,000 square feet and lot 16 from the required 20,000 square feet to 18,000 square feet.

Property is located on the southeast intersection of Old Canton Road and Robinson Road in District 16, Land Lot 1054, Parcels 4, 34 & 58.

Size of tract is 9.28 acres

Current zoning: R-20

Contiguous zoning is:  North: R-20 (Cobb Estates Subdivision); South: R-20 (Olde Canton Court Subdivision); West: R-20 (Cobb Estates Subdivision); East: R-20 (Kings Plough Subdivision).

Future Land Use: Low Density Residential

Case Manager is Trish Steiner

Zoning Appeals and Variances Commissioner is Mike Terry

Reason:  Increase in detention pond size

Staff Comments:

Please click for Preliminary Variance Analysis

Please click for Final Variance Analysis

ECCA position:  We will not oppose this variance. Applicant also presented a landscape plan the retention pond area. Problem was caused by a small drainage pipe under Robinson Road put in by Cobb County.

Board of Zoning Appeals and Variances Action: Approved 5-0

Board of Commissioners: Approved 5-0 subject to landscape plan

Petition V-36

Search Tags <Realm Realty, PSC, Powers Ferry Road, Terrell Mill Road, Existing structures>

Realm Realty, 713-465-0001, represented by Steven Griggs, 713-579-3297 requests to: 1) waive the front setback from the required 100 ft. to 28 ft. for the existing building; 2) the front setback from 100 ft. to 50 ft. for the future building; 3) waive the 40 ft. buffer to 10 ft at the southwest corner of the property; and 4) waive the required number of parking spaces from the required 434 parking spaces to 409.

Property is located on the southwest intersection of Powers Ferry Road and Terrell Road in District 17, Land Lot 923, Parcel 916.

Size of tract is 7.62 acres

Current zoning: PSC

Contiguous zoning is:  North: GC; South: GC; West: NS; East: CRC, RM-12.

Future Land Use: Community Activity Center

Case Manager is Eric Jacobsen

Zoning Appeals and Variances Commissioner is Kim Swanson

Reason:  Existing buildings, unusual shape of lot

Staff Comments:

Please click for Preliminary Variance Analysis

Please click for Final Variance Analysis

ECCA position:  Approval

Appeals and Variances Action: Approved 5-0

Petition V-38

Search Tags <Javier Reto, R-15, Brown Point Place, Old Canton Road, Pool & Impervious Surface>

Javier Reto, 770-485-0633, represented by Bruce Todd, 770-833-9347 requests to: 1) allow a pool to the side of the house and; 2) waive the lot coverage from a maximum of 35% to 41%.

Property is located on the south side of Brown Point Place, west of Old Canton Road (3060 Brown Point Place), District 16, Land Lot 963, Parcel 59.

Size of tract is .345 acres

Current zoning: R-15

Contiguous zoning is:  North: R-15; South: R-15 (Canton Glen Subdivision); West: R-20 (Mohina Woods Subdivision; East: R-15.

Future Land Use: Low Density Residential

Case Manager is Eric Jacobsen/Lee O’Neal

Zoning Appeals and Variances Commissioner is Kim Swanson

Reason:  Small Backyard

Staff Comments:

Please click for Preliminary Variance Analysis

Please click for Final Variance Analysis

ECCA position:  No Action provided surface area brought down close to 40%.

Board of Zoning Appeals and Variances Action: Approved 5-0 subject to no additional surface area to me added to the property.

Petition V-39

Search Tags <Tim Aycick, R-15, Brown Point Place, Covered Porch>

Javier Reto, 678-618-0425, representing himself, requests to waive the rear setback on lot 10 from the required 35 ft. to 25 ft.

Property is located on the west side of Tarn Court, south of Mere Lane and on the east side of Cochran Lake Road (3660 Tarn Court), District 16, Land Lot 330, Parcel 56.

Size of tract is .55 acres

Current zoning: R-20

Contiguous zoning is:  North: R-20 (Mountain Lake Estates Subdivision); South: R-20 (Mountain Lake Estates Subdivision); West: R-20 (Mountain Lake Estates Subdivision); East: R-20 (Spring Woods Subdivision).

Future Land Use: Low Density Residential

Case Manager is Tanya Roberts

Zoning Appeals and Variances Commissioner is David Poteet

Reason:  Covered Porch

Staff Comments:

Please click for Preliminary Variance Analysis

Please click for Final Variance Analysis

ECCA position:  No Action

Board of Zoning Appeals and Variances Action: Approved 5-0

Petition V-41

Search Tags <Richard & Cheryl MacGeorge, R-15, Timberlea Lake Road, Old Paper Mill Road, Existing Structures>

Richard & Cheryl MacGeorge, 770-955-6247, represented by Cheryl George, requests to: 1) waive the rear setback on lot 38 from the required 40 ft. to 8 ft.; 2)waive the setback for an accessory structure (existing arbor) under 144 sq. ft. from 5 ft. to 0 ft. and; 3) waive impervious surface from 35% to 44%.

Property is located on the east side of Timberlea Lake Road, south of Old Paper Mill Road (469 Timberlea Lake Drive), District 17, Land Lots 929 & 932, Parcel 58.

Size of tract is .3764 acres

Current zoning: R-15

Contiguous zoning is:  North: R-80 (Terrell Mill Park); South: R-15 (Timberlea Lake Subdivision); West: R-15 (Timberlea Lake Subdivision) ; East: R-80 (Terrell Mill Park).

Future Land Use: Low Density Residential

Case Manager is Marvin Shams

Zoning Appeals and Variances Commissioner is Kim Swanson

Reason:  Existing House and Arbor

Staff Comments:

Please click for Preliminary Variance Analysis

Please click for Final Variance Analysis

ECCA position:  No Action

Board of Zoning Appeals and Variances Action: Approved 5-0 No new impervious surface to be added.

Petition V-44

Search Tags <Alcon Holdings, LLC, O & I, LRO, Johnson Ferry Road, Lower Roswell Road, Small Road Frontage>

Alcon Holdings, LLC., 678-467-9582, represented by Frank Bennett, 678-467-9582, requests to: 1) waive the side setback for a freestanding sign from the required 10 ft. to 2 ft. and; 2) allow a freestanding sign with a reader board on a lot with less than 200 ft. of public road frontage.

Property is located on the west side of Johnson Ferry Road, south of Lower Roswell Road ( 505 Johnson Ferry Road), District 1, Land Lot 70, Parcel 19.

Size of tract is 2.17 acres

Current zoning: O & I, LRO

Contiguous zoning is:  North: O & I; South: NS; West: R-15 (Wyndam Manor Subdivision); East: R-20.

Future Land Use: Community Activity Center

Case Manager is Trish Steiner

Zoning Appeals and Variances Commissioner is Kim Swanson

Reason:  Small Road Frontage

Staff Comments:

Please click for Preliminary Variance Analysis

Please click for Final Variance Analysis

ECCA position:  No action as the reader board has been dropped and the sign will be monument based. Existing sign to be replace and the office park will move and replace their sign.

Board of Zoning Appeals and Variances Action: Approved Item 2 5-0.