2013-08-21 zoning board of appeals - full agenda-1087 (1)

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CITY OF BROOKHAVEN

ZONING BOARD OF APPEALS MEMBERS

DRAFT MINUTES

July 17, 2013 Work Session Meeting 2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329

I) CALL TO ORDER

Attendee Name Title Status

Tim Nama Chairman AbsentCorey Self Present

Don Bolia Absent

Glenn Viers Present

Hope Bawcom Present

Jed Beardsley Absent

Kent Gipson Present

Hope Bawcom was voted chair for the meeting by a unanimous vote of those in attendance.

Kent Gipson moved, Glenn Viers seconded.

II) PUBLIC PORTION

1. Regular July Meeting Agenda Discussion

The Chair asked for staff to lead them through the agenda. Staff introduced the items, and the B

questions for clarification as necessary.

RESULT: DISCUSSED Next: 7/17/20

III) ADJOURNMENT

Adjourned at 6:48 P.M.



CITY OF BROOKHAVEN

ZONING BOARD OF APPEALS MEMBERS

DRAFT MINUTES

July 17, 2013 Regular Meeting 2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329

A) CALL TO ORDER

Attendee Name Title Status

Tim Nama Chairman AbsentCorey Self Present

Don Bolia Present

Glenn Viers Present

Hope Bawcom Present

Jed Beardsley Absent

Kent Gipson Present

Prior to the meeting being called to order, Glenn Viers moved to appoint Hope Bawcom as acabsence of both the regular Chair, Tim Nama, and the Vice Chair, Jed Beardsley. Corey Self sec

in favor (5-0).

Chair Bawcom then read the ZBA preamble.

B) APPROVAL OF MINUTES

1. Approval of June 19, 2013 Zoning Board of Appeals Work Session Meeting

RESULT: ACCEPTED [UNANIMOUS]

MOVER: Glenn Viers

SECONDER: Kent Gipson

AYES: Self, Bolia, Viers, Bawcom, Gipson

ABSENT: Nama, Beardsley

2. Approval of June 19, 2013 Zoning Board of Appeals Regular Meeting Minu

RESULT: ACCEPTED [UNANIMOUS]

MOVER: Glenn Viers




Minutes Zoning Board of Appeals

Glenn Viers so moved. Corey Self 2nd.

All in favor (5-0).

D) UNFINISHED BUSINESS

1. ZBA 13-17: Trebor Chase Brown, Owner, C/O Jason Tillery of Domain CuVariance to §27-146(C), to Decrease the Minimum Required Side Yard A

Street of an R-100 Lot from 35 Feet to 10 Feet at 3130 Lanier Drive - Tax P

18 276 10 001.

Jason Tillery of Domain Custom Homes was asked by Chairman Bawcom to speak about theapplication since the regular June meeting. Mr. Tillery read a prepared statement that documen

to the site plan.

Neighbor, Coy Richardson, asked if the square footage of the house is within city code for the a

lot? Also - what is the setback from Lanier to the actual home, not the closest structure (the gara

Staff does not see the improvements exceeding 35% ISR. The western setback for the home (n

roughly 94 feet.

Mr. Self asked the applicant about the landscape screening along the southern property lineindicated that there will be a landscape screen, most likely comprised of evergreen materials, in

the home and Windsor Parkway.

Approved subject to 3 conditions: 1. site plan specific, not a blanket variance; 2. ISR shall rem

and 3. A landscape screen will be installed and approved by the city's arborist.

RESULT: APPROVED WITH CONDITION [UNANIMOUS]

MOVER: Don Bolia SECONDER: Kent Gipson



2. ZBA 13-20 Ashton Woods Homes, Owner, Variances to §27-381(B)(2).

Minimum Required Front Yard of Lots 1-28 from 30 Feet to 25 Feet

Required Rear Yard of Lots 1-28 from 30 Feet to 18 Feet; and Reduce tAdjacent to a Street from 15 Feet to 12 Feet for Lots 1, 7, 20 and 22, at ‘T

Brookleigh’ Located Approximately at the Intersection of Ashton Woods

Drives - Tax Parcel Number 18 301 02 005.

The applicant was late to the meeting, so the agenda item was moved to the end of the agenda.





MOVER: Glenn Viers

SECONDER: Don Bolia



E) NEW BUSINESS

1. ZBA 13-21: a Variance to §27-149, to Increase the Maximum Allowable

of an R-100 Lot from 35% to 40.5%, at a Property Located at 1688 WindTax Parcel 18 276 14 065.

Staff briefly introduced the item to the Board.

Mr. Al Ansley of Gaddy Surveying & Design spoke about the application.

No one else spoke in favor of the application. No one spoke in opposition to the application.

The Board asked a question of staff about new impervious surface.

Mr. Self asked a question of the applicant about storm water management.

Mr. Self moved to approve as recommended, with the additional condition that at least 945 sf o

attenuated.


MOVER: Corey Self

SECONDER: Don Bolia



2. ZBA 13-22: Don Brock of Carrera Homes, LLC, Representing Emily

Jorgenson, Owners, Seeks Relief from the Provision Found in §27-757 Rela

Lots, and a Variance to §27-186(E), to Decrease the Minimum Required Re40 Feet to 28 Feet, at 2692 North Thompson Road - Tax Parcel 18 242 22 00

The applicant's representative (the home builder) spoke about the request.

The Board had no questions for staff.

Mr Viers moved to approve pursuant to staff recommendations Mr Self 2nd All in favor





MOVER: Glenn Viers

SECONDER: Corey Self



3. ZBA 13-23: Chris Hill, Owner, Variance to §27-186(C) and (E), Decrease Required Front Yard of an R-75 Lot from 30 Feet to 25 Feet, and the Minim

Rear Yard from 40 Feet to 25 Feet, at 1371 Fernwood Circle - Tax Parcel 18Staff introduced the item to the Board.

Mr. Jimmy Hill, Chris' father, spoke about the request.

The next door neighbor to the south asked two questions: what are the staff conditions, and wh

construction timeline.

Staff read the conditions into the record, and the applicant answered the timeline question.

Mr. Bolia moves to approve w/ staff conditions, Mr. Gipson 2nd.


MOVER: Don Bolia




F) ADJOURNMENT

Meeting was adjourned at 8:10 P.M.



MEMORANDUM

MEETING OF: August/21/2013

DISTRICT/COMMITTEE:Zoning Board of

Appeals

SUBMITTING DEPARTMENT: City Clerk's

Office

ISSUE/AGENDA ITEM TITLE:ZBA13-24: Kelsey and Steven Schwalb / Brian Long with Meridian Geomatics - V

Front Setback from 56.88 Feet to 44 Feet and a Reduction in the Stream Buffer on tthe Property from 75 Feet to 35 Feet. Property Location: 3294 Woodrow Way, Broo

BACKGROUND/SUMMARY:

FISCAL IMPACT: (Budgeted – over or under)

STAFF RECOMMENDATION:

ATTACHMENTS:

ATTACHMENTS:

ZBA 13-24 Staff Recommendation (PDF)

3294 Woodrow Way application.docx (PDF)

ZBA13-24 (PDF)

ZBA13-24 Exhibit C (PDF)



Zoning Board of Appeals Public HearingAugust 21, 2013 – 7:00 P.M.

Case: ZBA13-24

Location: 3924 Woodrow Way, Brookhaven, GA 30319

Property Owner/

Applicant: Kelsey and Stephen Schwalb/Brian Long with MeridianGeomatics, LLC

Request: To reduce the front yard setback from 56.33 feet to 44 fee

reduce the stream buffer setback from 75 feet to 35 feet.

DESCRIPTION

The applicant seeks to construct a single family home on property located at 3924 W

The applicant is requesting a front yard setback variance from the average front setfeet to 44 feet. In addition, the applicant is requesting a reduction in the required

setback from 75 feet to 35 feet. The first 25 feet closest to the stream is a state wate

the remaining 50 feet is a municipal buffer.

SITE PLAN AND SITE ANALYSIS

The site plan indicates that the lot is 29,908 square feet in size. The proposed reside

and total proposed impervious surface contain approximately 6,534 square fe

approximately 21.8% of the site. The R-100 zoning on the site allows no more coverage. The dimensional aspects appear to allow an additional 3,933 square feet

development on the site not being utilized by the applicant.

The property is abutted on both sides by existing single family homes. The site slope

the frontage road until approximately the midpoint of the property where is appearslower and then begins to drop another ten feet in closer proximity to the stream.

change in elevation from the street to the stream in a distance of about 180 feet).

There are no trees located in the buildable area of the site – the rear of the property c

line and riparian cover.



No relief may be granted or action taken under the terms of this division unless such

granted without substantial detriment to the public good and without substantial imp

intent and purpose of this chapter and the comprehensive plan text. The Zoning Boashall apply the following criteria to the types of applications specified below as follo

(a) Variances from the provisions or requirements of this chapter shall be authoriz

making all of the following findings:

(1) By reason of exceptional narrowness, shallowness, or shape of a specific lot, or

exceptional topographic conditions, which were not created by the owner or applic

application of the requirements of this chapter would deprive the property owner

privileges enjoyed by other property owners in the same zoning district;

Staff Comment:

The resulting building envelope as a result of the topography to the rear, the strea

the position of the adjacent homes do not appear to be actions of the applicant.

(2) The requested variance does not go beyond the minimum necessary to afford re

not constitute a grant of special privilege inconsistent with the limitations upon othe

the zoning district in which the subject property is located;

Staff Comment:

The requested variance to the average setback appears to be the minimum varianafford relief. The curvature in the road and the configuration of the front elevation a

adjoining homes into consideration.

(3) The grant of the variance will not be materially detrimental to the public welfar

to the property or improvements in the zoning district in which the subject property

Staff Comment:

Granting the average setback variance will not be materially detrimental or inj

surrounding properties or to the zoning district.

(4) The literal interpretation and strict application of the applicable provisions or req

this chapter would cause undue and unnecessary hardship, not merely

casual/discretionary inconvenience upon the applicant or his/her assigns; and

Staff Comment: As stated in review factor one above: The resulting building envelope as a result of th

to the rear, the stream buffer, and the position of the adjacent homes do not appear

of the applicant. Strict application of the average setback may cause unnecessary h



ANALYSIS

CRITERIA TO BE USED BY THE BOARD IN REGARD TO THE STREA

VARIANCE

The Community Development Director nor the Zoning Board of Appeals shall have

consider or to grant variances which are the responsibility of the Director of the E

Protection Division (EPD) pursuant to O.C.G.A. § 12-2-8. This first twenty five (25to the stream is the purview of the EPD and has not been requested. (The pe

Development Regulations which include stream buffers for the City of Brookhaven

provisions of DeKalb County’s Development Code Chapter 14).

However, the applicant is seeking a stream buffer variance from the required 75 fee

create a backyard play area. The encroachment includes retaining walls and grading

the desired plan.

The following criteria shall be considered in evaluating the stream buffer variance r

(A) The request will be protective of natural resources and the environment aswhich met the strict application of these requirements. In making such a judgment, th

examine whether the request will be at least as protective of the natural resou

environment with regard to the following factors:1. Stream bank or soil stabilization.

2. Trapping of sediment in surface runoff.

3. Removal of nutrients, heavy metals, pesticides and other pollutants from sur

4. Terrestrial habitat, food chain, and migration corridor.5. Buffering of flood flows.

6. Infiltration of surface runoff.

Comment:

Please refer to the applicant’s letter dated July 10, 2013 in response to the factors o

(B) By reason of exceptional topographic or other relevant physical conditions o property that were not created by the owner or applicant, there is no opportudevelopment under any design configuration unless a variance is granted.

Comment:

Th hi d h ll h i h h d



Comment:

The stream buffer variance has been requested in order to create a backyard play a

(D) The grant of the variance will not be materially detrimental to the public welfarto the property or improvements in the area in which the property is located.

Comment:

Given appropriate mitigation, granting a variance to the stream buffer may not be d

the public welfare or the area.

(E) The literal interpretation and strict application of the applicable provisions or re

Chapter 14 would cause an extreme hardship, provided the hardship was not created

Comment:

The literal interpretation and strict application of Chapter 14 could cause a h

alleviation to the stream buffer is granted.

RECOMMENDATION

Staff recommends the Board vote in favor of the requested variances and suggests

conditions:

1. Approval of the front setback variance from 56.33 feet to 44 feet as depict

plan for Kelsey and Steven Schwalb prepared by Meridian Geomatics, LLC11, 2013.

2. Submittal of a proposed mitigation plan to be approved by the City of BrookWater Manager and City Engineer prior to the issuance of any permit for la

activity or any permit for building construction. The mitigation plan shall b

improve the quality of the stream and the associated buffer. The mitigati

include a planting schedule, channel protection design and an enhancement/i(Purchase of appropriate stream buffer credits from an approved Georgia

program may be utilized as part of the mitigation plan and shall only be authaforementioned qualified Brookhaven personnel).

A t t a c h m e n t : 3 2 9 4 W o o d r o w W a y a p p l i c a t i o n . d o c x ( 1 1 3 2 : Z B A 1 3 2 4 : K e l s e y a n d S t e v e n S c h w a l b / B r i a n

http://library.municode.com/HTML/10637/level2/CODECO_CH14LADE.html#CODECO_CH14LADE





D . 1 . b

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1 2

Attachment:3294WoodrowWayapplication.docx(1132:ZBA13-24:KelseyandStevenSchwalb/Brian



A t t a c h m e n t : 3 2 9 4 W o o d r o w W a y a p p l i c a t i o n . d o c x ( 1 1 3 2 : Z B A 1 3 - 2 4 : K e l s e y a n d S t e v e n S c h w a l b / B r i a n



D . 1 . b

P a c k e t P g .

1 4

Attachment:3294WoodrowWayapplicationdocx(1132:ZBA1324:KelseyandStevenSchwalb/Brian




D . 1 . b

P a c k e t P g .

1 5

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1 . d

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A t t a c h m e n t : Z B A 1 3 - 2 4 E x h i b i t C ( 1 1 3 2 : Z B A 1 3 - 2 4 : K e l s e y a n d S t e v e n S c h w a l b / B r i a n L o n g w i t h



D .

P a c k e t P g

2013-08-21 zoning board of appeals - full agenda-1087 (1)

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