Archive for Variances – Past, 2019

Petition V-109 (November) – Continued until December

Applicant Julieta Issa, 404-483-0048, representing Title Holder Alexander J. Issa requests to:

1) Reduce the setbacks for an accessory structure over 650 square feet (approximately 785 square feet existing wood frame building) from the required 100 feet to 33 feet adjacent to the east property line and to 39 feet adjacent to the north property line;

2) allow parking and/or maneuvering of vehicles on a non-hardened and

treated surface; and

3) allow a second electrical meter on a residential lot.

Property is 0.54 acres and is located at 2211 Piedmont Forest Court, At the northern terminus of Piedmont Forest Court, LAND LOT: 669, east of East Piedmont Road.

Present Zoning:  R-20

Future Land Use: LDR

Case Manager: Kelly Ryan

BZA Commissioner: Judy Williams

Reason: Clean-up of existing set-back variances and; allow vehicle parking and maneuvering on a non-hardened surface, and allow a second electrical meter on a residential lot.

Staff Comments: 

            Please click for: Preliminary Variance Analysis

            Please click for: Final Variance Analysis

ECCA recommends:  Approval of variances 1 & 3. Denial of Variance 2

Board of Zoning Appeals and Variances: Approved 5-0 Applicant using pavers on Variance 2.

Petition V-100 (November)

Applicant Tatiana Quintero), 678-830-7847, representing Title Holders Tatiana Quintero and Freddy Mora Calvo, requests that they be allowed to:

1) Reduce the front setback from the required 40 feet to 15 feet (existing);

2) reduce the rear setback from the required 35 feet to 14 feet (existing);

3) allow parking and/or maneuvering of vehicles on a non-hardened and treated surface; and,

4) reduce the setbacks for an accessory structure over 650 square feet (approximately 1,020 square foot one story frame building) from the required 100 feet to zero feet adjacent to the south property line, to 79 feet adjacent to the east property line, and to 65 feet adjacent to the north property line.

Property is 0.67 acres and is located at 2873 Robinson Road, on the north side of Robinson Road, LAND LOT(S): 1033, 1034; east of Scottish Mill Run. (PRINCETON MILL SUBDIVISION)

Present Zoning:  R-20

Future Land Use:    LDR

Case Manager: Kelly Ryan

BZA Commissioner: Bryant McDaniel

Reason: Clean-up of existing set-back variances and; allow vehicle parking and maneuvering on a non-hardened surface, and allow the addition of an out-building with reduced set-backs.

Staff Comments: 

            Please click for: Preliminary Variance Analysis

            Please click for: Final Variance Analysis

ECCA recommends:  Approval subject to additional stipulations

Board of Zoning Appeals and Variances: Approved 5-0 subject to the installation of a concrete driveway apron and no living in the shed unless a LUP is applied for.

Petition V-76 (September)

Applicant Stephanie A. Johnson and Jacob R. Johnson, 404-849-2647, request to 1) Allow an accessory structure under 650 square feet (approximately 288 square foot proposed storage shed) to the side of the principal building; and 2) reduce the rear setback for an accessory structure under 650 square feet (approximately 288 square foot proposed storage shed) from the required 35 feet to 23 feet.

Property is on the south side of High Green Court, north of High Green Drive (855 High Green Court)

Present Zoning: R-20

Future Land Use: LDR (Low Density Residential)

Case Manager: Kelly Ryan

BZA Commissioner: Bryant McDaniel

Reason: Add storage shed structure to existing building

Staff Comments: 

        Please click for Preliminary Variance Analysis

        Please click for Final Variance Analysis

ECCA recommends:  Approval with additional stipulations.

Board of Zoning Appeals and Variances: Approved 5-0 With additional stipualtions.

Petition V-68 (August)

Scott & Gabriella Page, 678-644-0019, request to reduce the front setback from 35’ to 30’. The front stoop currently is already over the front setback.

Property is located at 2621 Murdock Rd., Marietta, GA 30062.

Present Zoning: R-15

Future Land Use: LDR (Low Density Residential)

Case Manager: Libby Barnett

BZA Commissioner: Judy Williams

Reason: Add a front porch that will be 9.5’ x 5.5’

Staff Comments: 

        Please click for Preliminary Variance Analysis

        Please click for Final Variance Analysis

ECCA recommends: No Action

Board of Appeals and Variances:  Approved 5-0

Petition V-66 (August)

Total Imaging Inc., represented by Pulkit Patel, 770-536-7906, request to 1) Reduce the minor side setback from the required 10 feet to five (5′) feet adjacent to the western property line (existing); 2) increase the maximum allowable impervious surface from 70% to 95% (existing); 3) reduce the required 200 feet of public road frontage on one road for an electronic sign to 156 feet; and 4) increase the maximum size for an electronic messaging portion of a sign from 32 square feet per allowable sign area to 35.36 square feet.

Property is located on the northwest corner of Barnes Mill Road and Roswell Road, south of Lecroy Drive (2243 Roswell Road).

Present Zoning: GC (General Commercial)

Future Land Use: CAC (Community Activity Center)

Case Manager: Kelly Ryan

BZA Commissioner: Judy Williams

Reason: Add electronic messaging to existing sign

Staff Comments: 

        Please click for Preliminary Variance Analysis

        Please click for Final Variance Analysis

ECCA recommends:  Approval of variances 1 & 2. Denial of variances 3 & 4

Board of Appeals and Variances Commissioners:  Approved 5-0 subject to DOT comments.

Petition V-52 (June)

Altair Sign & Light, represented by Felicia Johnson, 678/539-0443, requests to 1) reduce the minimum number of parking spaces from the required 20 spaces to 12 spaces (existing); 2) reduce the required setback for a freestanding sign from the center line of an arterial road right-of-way from the required 62 feet to 40 feet; and 3) reduce the sign setback off the right of way from 1 foot to 0 feet for a free standing sign.

Located on the south side of Lower Roswell Road, east of Shawnee Lane (2090 Lower Roswell Road).

Current zoning: GC

Future Land Use: Neighborhood Activity Center

Case Manager:


Reason: Free standing sign

Staff Comments:

Please click for Preliminary Variance Analysis

Please click for Final Variance Analysis

ECCA position: Recommend approval. Would like to see a cross parking agreement to alleviate parking issue.

Board of Zoning Appeals and Variances Action: Approved 5-0 subject to an additional stipulation.

Petition V-46 ( May)

Bryan and Leah Brown, 218/329-6431, requests to: 1) Reduce the side setbacks for Lot 11 from the required 10 feet to seven feet adjacent to the southeast property line and to nine feet adjacent to the northwest property line (existing); and 2) reduce the front setback for Lot 12 from the required 35 feet to 30 feet for proposed new home construction; and 3) reduce the setback for a wood deck on Lot 11 from five feet to one foot (existing).

Property located on the east side of Butler Gate, south of Chestnut Lake Drive (742 and 744 Butler Gate).

Current zoning: R-15

Future Land Use: Low Density Residential

Case Manager: Marvin Shams

Zoning Appeals and Variances Commissioner is Bryant McDaniel


Reason: New Home and clean up variances

Staff Comments:

Please click for Preliminary Variance Analysis

Please click for Final Variance Analysis

ECCA position: No Action subject to additional stipulations

Board of Zoning Appeals and Variances Action: Approved subject to additional stipulations

V-37 (April)

Selena Welge, 678-852-1302, requests to increase the maximum allowable impervious surface from 35% to 42.92%

Located on the west side of Reston Mill Lane, north of Lanley Oaks Drive (506 Reston Mill Lane).

Current zoning: R-20

Future Land Use: Low Density Residential

Case Manager: Trish Steiner

Zoning Appeals and Variances Commissioner is Bryant McDaniel


Reason: Pool

Staff Comments:

Please click for Preliminary Variance Analysis

Please click for Final Variance Analysis

ECCA position:  No Action subject to the applicant complying with all stormwater management recommendations.

Board of Zoning Appeals and Variances Action: Approved 4-0 subject to stormwater management comments.

V-35 (April)

Samuel Kovitch, 404/547-0961, represented by Robert Sullivan, requests to: 1) Increase the maximum allowable impervious surface from 35% to 46.38%; and 2) allow a retaining wall to be as high as eight and one-half feet (8.5′) within eight feet (8′) of the property line

Property located on the north side of Ridgewater Trail, east of Ridgewater Drive (3610 Ridgewater Trail).

Current zoning: R-20

Future Land Use: Low Density Residential

Case Manager: Trish Steiner

Zoning Appeals and Variances Commissioner is Bryant McDaniel


Reason: New Home

Staff Comments:

Please click for Preliminary Variance Analysis

Please click for Final Variance Analysis

ECCA position: No action subject to the new site plan, all stormwater management recommendations and the impervious surface coming into compliance.

Board of Zoning Appeals and Variances Action: Approved 4-0 subject to stomwater management and sewer comments. Final pool plan to come back to stormwater management and zoning manager for final approval.

Petition V-23 (February)

Megan Gaston and Stephen Matthews, 617-838-1208, requests allow an accessory structure (proposed pool and associated pavers) to the side of the principal building.

Located on the south side of Gaskin Walk, east of Upper Brandon Place (4938 Gaskin Walk).

Current zoning: R-15

Future Land Use: Low Density Residential

Case Manager: Jill Flamm

Zoning Appeals and Variances Commissioner is Bryant McDaniel


Reason: Pool and decking

Staff Comments:

Please click for Preliminary Variance Analysis

Please click for Final Variance Analysis

ECCA Position: No objections to this variance. We recommend stormwater management verify impervious surface calculations. 

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