board of appeals - actions - 03.11.2010

8/14/2019 Board of Appeals - Actions - 03.11.2010

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Board of AppealsMarch 11, 2010

Work Session, 6:00 p.m.Regular Meeting, 7:00 p.m.

Sandy Springs City Hall, 7840 Roswell Road, 500 BuildingMorgan Falls Office Park, Sandy Springs, GA 30350

ACTION REPORT

Members present: Ron Carpinella (Chairman), Paul Reale, Ken Moller, Ted Sandler, RuthCoan, Lane Frostbaum, Jim Squire and Oz Hill

Members absent: None

Staff present: Nancy Leather, Cristina Nelson, Linda Abaray, Gloria Goins, Michael Barnett,

and Cecelia McCoy

Board of Appeals Agenda

Agenda ItemCouncilDistrict

AssignedStaff

DRB BZA Action

Adoption of Agenda

Moller moved to approve theadoption ofthe agenda, with the amendment to addthe recognition of OZ Hill as the first item.Reale seconded. Approved (7-0, Carpinella,Coan, Squire, Frostbaum, Sandler, Mollerand Reale for).

Approval of previous meetings minutes

Sandler moved to approve the previousmeetings minutes, Reale seconded.Approved (7-0, Carpinella, Coan, Squire,

Frostbaum, Sandler, Moller and Reale for).Deferred Case

1. V09-040760 Londonberry RoadApplicant: Darnell Sutton. Two primary variances from the

Zoning Ordinance: 1) variancefrom Section 6.2.3.B to reduce therequired front yard setback from60 feet to 20 feet and 2) variancefrom Section 6.2.3.I to allow for anexisting accessory structure withinthe front yard.

6

Linda

Abaray N/A

Motion #1Moller moved to deny the applicationReale seconded. Motion Failed (2-5, Realeand Moller for; Carpinella, Squire,Frostbaum, Coan and Sandler against)

Motion #2Squire moved to approve with conditionsFrostbaum seconded. Approved (5-2,Carpinella, Coan, Squire, Frostbaum,Sandler for; Moller and Reale against).Subject to the following conditions:

1) The proposed lot shall be inaccordance with the proposed siteplan, provided by the applicant datedreceived February 25, 2010 by theDepartment of CommunityDevelopment, for the variance(s)herein, showing the accessorystructure (gazebo).

2) To allow an accessory structure(gazebo) to be located in the front yardas shown on the site plan, provided bythe applicant dated received August 4,


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2009 by the Department of CommunityDevelopment.

3) To reduce the required sixty (60) footminimum front yard setback to twenty(20) feet, where necessary, toaccommodate the portion of theencroachment (s) only.

New Cases

2. V10-0018600 Roswell Road (SR9)Applicant: Virgil Beddingfield. Primary variance from Section

33.22.C of the Zoning Ordinance toreduce the required ten (10) footminimum sign setback from the right-of-way to 1 foot.

2CristinaNelson

2/9/10Endorsed theApplication

Frostbaum moved to approve withconditions, Sandler seconded. Approved(7-0, Carpinella, Coan, Squire, Frostbaum,Sandler, Moller and Reale for). Subject tothe following conditions:1) Allow the monument sign to be located

at the proposed location, one (1) footfrom the right-of-way, pursuant to thesite plant submitted by the applicant,and dated received January 5, 2010 bythe Department of CommunityDevelopment.

2) The monument sign shall comply withall the standards of the Sandy SpringsOverlay as provided for in Article33.26.H.

3. V10-0026355 Peachtree Dunwoody RoadApplicant: Finger-FSC Perimeter, Ltd. Primary variance from Section

33.26.F.6 of the Zoning Ordinance toallow for a second additional signduring construction and for 2temporary signs allowed duringconstruction to remain for a year afterthe issuance of a Certificate of

Occupancy.

5CristinaNelson

N/A

Motion #1Coan moved to Deny two (2) temporarysignsMoller seconded. Approved (6-0,Carpinella, Coan, Reale, Squire,Frostbaum, and Moller for; Sandlerabstaining)

Motion #2Coan moved to approve to allow theconstruction sign to remain on the lot for a

period of one (1) year from the date of theissuance of the first Certificate ofOccupancy. Moller seconded. Approved (6-0, Carpinella, Coan, Reale, Squire,Frostbaum, and Moller for; Sandlerabstaining)

4. V10-003420 North Errol CourtApplicant: Robert Levin. Primary variance from Section 109-

225.a 1 and 2 of the Stream BufferProtection Ordinance to reduce the75 foot buffer and setbackrequirements (50 foot undisturbednatural buffer and 25 foot impervious

surface setback) to 42 feet to allowfor new additions to a single-familyhouse.

6 LindaAbaray

N/A

Sandler moved to approve withconditions Coan seconded. Approved (5-1-1, Coan, Reale, Sandler, Frostbaum, andMoller for; Carpinella against; Squireabstaining)Subject to the followingconditions:1) The subject addition shall be

constructed in accordance with theproposed site plan, provided by the

applicant dated received February 8,2010 by the Department of CommunityDevelopment, for the variance herein,showing a reduction in the 75 footbuffer and setback requirements (50foot undisturbed natural buffer and 25foot impervious surface setback) toforty-two (42) feet (proposed structureencroachment of twenty-five (25) feetand limits of disturbance of eight (8)feet for a total encroachment of thirty-


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three (33) feet) to allow for newadditions, where necessary toaccommodate the portion of theencroachment only.

2) The lowest floor elevation of the newhouse, including basement shall beelevated to at least the higher of thefollowing two elevations:

a. three feet above the 100 yearwater surface elevation at theinlet of the pipe (new pipe ifinstalled, or existing pipe ifnew pipe not installed);

b. two feet higher than theelevation of the groundsurface at the threshold overwhich water would flow tocontinue downstream if thewater level upstream of thepipe were to rise such thatoverland flow downstream

were to occur.3) When garages or parking pads are

located in areas where the fifty (50)foot undisturbed natural buffer and thetwenty-five (25) foot impervioussetback have been reduced, gratesused for drainage of these areas(where oil, grease or antifreeze mightflow) shall have either vegetation forfiltration before entering the stream orartificial filtration with proof ofmaintenance required at time of LandDisturbance Permit, subject to theapproval of the Sandy Springs City

Engineer.4) The area of the fifty (50) foot

undisturbed natural buffer outside thearea of this approved variance shall bemaintained and any modification to thebuffer (e.g. replanting or restoration)shall be subject to the approval of theSandy Springs Arborist.

5) The area of the first twenty-five (25)foot undisturbed natural buffer outsidethe sanitary sewer easement shall bereplanted subject to the approval of theSandy Springs Arborist.


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5. V10-004275 Danbury LaneApplicant: David Herrigel. Primary variance from Section

6.4.3.D of the Zoning Ordinance toreduce the required rear yard setbackfrom 35 feet to 10 feet to allow for the

construction of a detached garage. 6 LindaAbaray

N/A

Moller moved to approve with conditionsCoan seconded. Approved (5-2, Carpinella,Coan, Squire, Sandler, Moller for;Frostbaum and Reale against). Subject tothe following conditions:1) The proposed lot shall be in

accordance with the proposed site

plan, provided by the applicant datedreceived January 5, 2010 by theDepartment of CommunityDevelopment, for the variance(s)herein, showing a reduction of therequired thirty-five (35) foot minimumrear yard setback to ten (10) feet toallow a detached garage, wherenecessary, to accommodate the portionof the encroachment (s) only.

Discussion: None

Adjournment: 8:35 p.m.

board of appeals - actions - 03.11.2010

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