DeKalb County Department of Planning & Sustainability Zoning Board of Appeals The Honorable Burrell Ellis Chief Executive Officer Manuel J. Maloof Administration Center Auditorium 1300 Commerce Drive Decatur, GA 30030 BOA Meeting Date: Wednesday, November 14, 2012 at 1:00 P.M. AGENDA CALL MEETING TO ORDER NOTE: Applicant or appointed representative should be present. If unable to attend, please contact the Planning Department at (404) 371-2155 CALL MEETING TO ORDER DETERMINATION OF A QUORUM PREAMBLE AS TO PURPOSE AND PROCEDURES OF THE BOARD OF APPEALS INTRODUCTION OF MEMBERS, STAFF AND COUNTY REPRESENTATIVES MEMBERS: REBECCA CHASE WILLIAMS, DISTRICT 1 BILL DRAPER, DISTRICT 2 DARRYL K. JENNINGS, SR., DISTRICT 3 NADINE RIVERS-JOHNSON, DISTRICT 4 JEREMY CLARK, DISTRICT 5 LIZ BEYER, DISTRICT 6 TYRONE MAGBY, DISTRICT 7 (A-Absent; EXA-Excused Absence; U-Unexcused Absence; P-Present; R-Resigned; TE-Term Expired) QUORUM DETERMINATION: yes no COUNTY REPRESENTATIVE: yes no Page 1
DEFERRED FROM JULY 11, 2012 AND SEPTEMBER 12, 2012 AND OCTOBER 10, 2012 PUBLIC HEARING D-1 Application No: A-12-17977 Parcel ID: 18-156-04-001 N-1 Application No: A-12-18205 Parcel ID: 18-158-03-036 Laura Mayers P.O. Box 420492 Atlanta, GEORGIA 30342 M & M Interests Llc; 127 Investments Llc 2071 N. Druid Hills Road M (Light Industrial); The property is located at the southeast corner of North Druid Hills Road and West Druid Hills Drive (at 2071 N. Druid Hills Road). Variances from Section 27-621(b) of the DeKalb County Zoning Ordinance, to reduce parking from 38 to 16 parking spaces, to build a McDonald's Restaurant, relating to the M zoning district. Approval, to reduce the number of parking spaces from 38 to 16 based on the following conditions: (1) Reserve the 16 on-site parking spaces for customer only; (2) Deliveries to be conducted during off business hours, and (3) Six parking spaces to be provided off-site through a shared parking agreement. Nicole Ward 1702 Bridgeport Drive Atlanta, GEORGIA 30329 A Ward 1702 Bridgeport Drive R-85 (S-Fam Res. Min Lot 12000 Sq.Ft); The property is located on the west side of Bridgeport Drive, about 612.7 feet south of Beacon Hill Boulevard (at 1702 Bridgeport Drive) Variance from Section 27-733(e) of the DeKalb County Zoning Ordinance to waive the acreage and distance requirements to keep livestock (chickens) on a residential lot of less than two acres, relating to the R-85 zoning district. Approval, to maintain chickens on property based on the following conditions: (1) Maintain up to four hens; (2) All hens may remain but none can be replaced until there are less than four hens; (3) Comply the code when it is revised; (4) Relocate coop closer to house, and (5) install gravel french drain along rear property line to slow run-off onto adjacent property. Page2
N-2 Application No: A-12-18207 Parcel ID: 18-288-05-003 Commission District: 1 Super District: 7 N-3 Application No: A-12-18220 Parcel ID: 18-187-01-213 Commission District: 1 Super District: 7 2841 Investments Dba Lulu Promotions And Music, Llc 4304 Chamblee Tucker Road Tucker, GA 30084 Berlin American Company Llc 4306 Chamblee Tucker Road C-1 (Local Commercial District); The property is located at the northeast corner of Chamblee-Tucker Road and Tucker- Norcross Road. Appeal of an administrative decision to issue a Code Compliance Warning Notice regarding a nightclub, relating to the C-1 zoning district. Approval, of the appeal, accepting affidavits as evidence that a dance floor existed at World Cup Billiards, now dba Lulu's Billiards before November 18, 2008 when the Board of Commissioners adopted the Late Night and Nightclub Ordinance. Susan And Ian Stewart 4011 Arborwood Lane Tucker, GEORGIA 30084 Susan Sweeney; Ian Stewart 4011 Arborwood Lane R-A5 (S-Fam Res. Min Floor 1400 Sq F); The property is located on the south side of Arborwood Lane, about 303.7 feet west of Brockett Road. Variance request from Section 27-226(d.2.A) of the DeKalb County Zoning Ordinance to reduce the interior side yard setback from seven point five feet to six feet, ten inches from the west property line to build a screened porch, relating to the R-A5 zoning district. Approval, of a variance to reduce the interior side yard setback from seven point five feet to six feet, ten inches from the west property line to build a screened porch, based on the submitted site plan received on October 1, 2012 Page3
N-4 Application No: A-12-18224 Parcel ID: 16-108-01-005 Commission District: 5 Super District: 7 N-5 Application No: A-12-18235 Parcel ID: 15-218-11-009 Commission District: 3 Super District: 7 The Cambodian Buddhist Society 6533 Rock Springs Road Lithonia, GEORGIA 30038 Cambodian Buddhist Society Inc 6533 Rock Springs Road R-100 (S-Fam Res. Min Lot 15000 Sq.Ft); The property is located on the south side of Rock Springs Road, about 450 feet west of Evans Mill Road. Variance request from Section 27-787(a) of the DeKalb County Zoning Ordinance, to increase the height of a fence in the front yard from four to six feet and to allow a 33 foot tall entrance gate for a Place of Worship, relating to the R-100 zoning district. Deferral, for 30 days till the December 12, 2012 zoning board of appeals meeting. Timothy Nesmith 3153 Convair Lane Decatur, GEORGIA 30032 Timothy Nesmith; Velva Nesmith 3153 Convair Lane The property is located on the south side of Convair Lane, about 313 feet east of Celia Way Variance request from Section 27-731 (c) of the DeKalb County Zoning Ordinance to reduce the setback from ten feet to one point five-seven feet from the east property line and to four feet from the south property line, to bring a detached garage into compliance with the zoning ordinance, relating to the R-75 zoning district. Approval, of variances to reduce the side yard setback from ten feet to one point five-seven feet from the east property line and to four feet from the south property line, to bring a detached garage into compliance with the zoning ordinance, based on the submitted site plan received on October 3, 2012 with the condition that the existing shed be removed by the time the structure receives a certificate of completion. Page4
N-6 Application No: A-12-18239 Parcel ID: 18-243-04-032 Herman And Sylvia Emanual 330 Sasafras Road Roswell, GEORGIA 30076 Emanuel Herman; Sylvia Herman 2740 Archway Drive RM-75 (Multi-Fam Res 18 Units); The property is located at the terminus of Archway Drive, about 716 feet north of Dresden Drive. Variance requests from the DeKalb County Zoning Ordinance, to: (1) Reduce the rear and side yard setbacks from 40 feet to a 20 foot planted landscape strip along the north and east property line (Section 27-381.c); (2) Reduce the front yard from 35 feet to 20 feet (Section 27-381.1.a); and (3) Eliminate the 50 foot transitional buffer along the rear and east property line (Section 27-383) to redevelop an older apartment complex for attached townhomes, relating to the RM-75 zoning district. Deferral, for 30 days to the December 12, 2012 Zoning Board of Appeals Meeting N-7 Application No: A-12-18240 Parcel ID: 18-275-03-105 Brad Hughes 11 Lumpkin St, Ste 200 Lawrenceville, GA 30046 Mabry Oaks Llc; Berkeley Llc 1009 Mabry Oaks Drive R-100 (S-Fam Res. Min Lot 15000 Sq.Ft); The property is located at the southeast corner of Mabry Oaks Drive and Mabry Road. Variance request from Section 27-146(e) of the DeKalb County Zoning Ordinance, to reduce the rear yard setback from 40 to 20 feet to build a new house, relating to the R-100 zoning district. Deferral, for 30 days to the December 12, 2012 zoning board of appeals meeting. Page5
N-8 Application No: A-12-18241 Parcel ID: 18-275-03-034 Brad Hughes 11 Lumpkin St, Ste 200 Lawrenceville, GA 30046 Mabry Oaks Llc; Berkeley Llc 1010 Mabry Oaks Drive R-A5 (S-Fam Res. Min Floor 1400 Sq F); The property is located at the northeast corner of Mabry Oaks Drive and Mabry Road. Variance requests from the DeKalb County Zoning Ordinance, to: (1) Reduce the street side yard setback along Mabry Road from 35 to 25 feet (Section 27-146.c.4) and (2) Reduce the rear yard setback from 40 to 36 feet (Section 27-146.e), to build a new house, relating to the R-100 zoning district. Deferral, for 30 days to the December 12, 2012 zoning board of appeals meeting N-9 Application No: A-12-18242 Parcel ID: 18-275-03-098 Brad Hughes 11 Lumpkin St, Ste 200 Lawrenceville, GA 30046 Mabry Oaks Llc; Berkeley Llc 1056 Mabry Oaks Drive R-100 (S-Fam Res. Min Lot 15000 Sq.Ft); The property is located on the north side of Mabry Oaks Drive, about 460 feet east of Mabry Road. Variance request from Section 27-146(c.4) of the DeKalb County Zoning Ordinance, to reduce the front yard setback from 35 to 20 feet, to build a new house, relating to the R-100 zoning district. Approval, of a variance to reduce the front yard setback from 35 to 20 feet, to build a new house, based on the submitted site plan received on October 4, 2012. Page6
N-10 Application No: A-12-18244 Parcel ID: 16-039-04-019, 16-039-04-034 Commission District: 5 Super District: 7 N-11 Application No: A-12-18245 Parcel ID: 16-039-04-019, 16-039-04-034 Commission District: 5 Super District: 7 Halpern Associates, Inc. 5269 Buford Hwy Atlanta, GEORGIA 30340 Halpern Enterprises Inc. La Fitness On Covington Hwy C-1 (Local Commercial District); CZ (Conditional Zoning); The property is located on the north side of Covington Highway, about 613.92 feet west of Panola Road and on the west side of Panols Road, about 450 feet north of Covington Highway. Variance request from Section 27-581(a) of the DeKalb County Zoning Ordinance to reduce the minimum lot width along a public street from 100 feet to 61.45 feet along Panola Road and to 44 feet along Covington Highway, to build an LA Fitness Center, relating to the C-1 zoning district (pursuant to CZ- 12-17692). Approval, of variances to reduce the minimum lot width along a public street from 100 feet to 61.45 feet along Panola Road and to 44 feet along Covington Highway, pursuant to CZ-12-17692. John Rhodes 5185 Peachtree Parkway Suite 240 Norcross, GA 30092 Halpern Enterprises Inc. 6088 Covington Hwy C-1 (Local Commercial District); CZ (Conditional Zoning); The property is located on the north side of Covington Highway, about 520.29 feet west of Panola Road. Variance requests from the DeKalb County Zoning Ordinance, to: (1) Reduce the minimum lot size from 20,000 square feet to 13,972 square feet (Section 27-581.b); and (2) Reduce the minimum lot width from 100 feet to 93.63 feet (Section 27-581.a), relating to the C-1 zoning district (pursuant to CZ-12-17693). Approval, of variances to: (1) Reduce the minimum lot size from 20,000 square feet to 13,972 square feet; and (2) Reduce the minimum lot width from 100 feet to 93.63 feet pursuant to CZ-12-17693. Page7
N-12 Application No: A-12-18246 Parcel ID: 18-054-02-026 N-13 Application No: A-12-18248 Parcel ID: 18-004-17-068 Angela Orkin 1401 Harvard Road Atlanta, GEORGIA 30306 Brian Orkin; Angela Orkin 1401 Harvard Road The property is located at the southwest corner of Harvard and Springdale Roads. Variance request from Section 27-731 (c) of the DeKalb County Zoning Ordinance to reduce the interior side yard setback from ten to five feet from the west property line to build a detached garage, relating to the R-75 zoning district. Approval, of a variance to reduce the interior side yard setback from ten to five feet from the west property line to build a detached garage. Deborah Silverstein 418 Spring House Cove, N.E. Atlanta, GEORGIA 30307 Deborah Silverstein 418 Spring House Cove The property is located at the southwest corner of Spring House Cove and Grist Stone Court Variance request from Section 27-189 of the DeKalb County Zoning Ordinance to increase lot coverage from 35% (existing lot coverage is 39%) to 41% to expand an existing sunroom, relating to the R-75 zoning district. Approval, of a variance to increase lot coverage from 35% (existing lot coverage is 39%) to 41% to expand an existing sunroom, based on the submitted site plan received on October 4, 2012. Page8
N-14 Application No: A-12-18249 Parcel ID: 18-332-02-001 Commission District: 1 Super District: 6 N-15 Application No: A-12-18250 Parcel ID: 18-245-02-033 Carr, Riggs & Ingram 4360 Chamblee Dunwoody Road Suite 420 Atlanta, GEORGIA 30341 Plaza Square Renaissance Llc 4360 Chamblee Dunwoody Road O-I (Office Institutional District); The property is located on the west side of Chamblee-Dunwoody Road, about 180 feet south of Interstate 285. Variance request from Section 21-20(a) of the DeKalb County Sign Ordinance to allow an office building to have two ground signs along one street, relating to the O-I zoning district. Approval, of a variance to allow an office building to have a second ground sign along Chamblee Dunwoody Road based on: (1) the submitted site plan and graphics depicting the location and appearance of sign received on October 4, 2012; (2) internal lighting with LED only, no exterior lighting; and (3) Future name changes to be approved by the Director of Planning. Douglas Dement 2804 Frontier Trail Chamblee, GEORGIA 30341 Douglas Dement 2804 Frontier Trail The property is located on the west side of Frontier Trail, about 272 feet south of Dresden Drive. Variance request from Section 27-731(c) of the DeKalb County Zoning Ordinance to reduce the interior side yard setback from ten to six point nine feet from the north property line to enclose an existing carport, relating to the R-75 zoning district. Approval, of a variance to reduce the interior side yard setback from ten to six point nine feet from the north property line to enclose an existing carport, based on the site plan received on October 4, 2012 based on the condition that there be no change to the roof pitch and height. Page9
N-16 Application No: A-12-18251 Parcel ID: 18-200-03-004 N-17 Application No: A-12-18253 Parcel ID: 18-111-06-010 Anthony Bondhus 513 St. Charles Ave Atlanta, GEORGIA 30308 Thomas Peace 2357 Loraine Street The property is located on the east side of Loraine Street, about 206 feet south of Standard Drive. Variance requests from the DeKalb County Zoning Ordinance, to: (1) Reduce the minimum lot width from 75 feet to 65 feet (Section 27-186.a); and (2) Waive lot merger requirement (Section 27-928.b&c), to divide one lot into two parcels, relating to the R-75 zoning district. Approval, of variances to: (1) Reduce the minimum lot width from 75 feet to 65 feet; and (2) Waive lot merger requirement to divide one lot into two parcels based on the submitted site plan received on October 4, 2012. Scott And Jodie Italiaander 1026 B Atlanta Avenue Decatur, GEORGIA 30030 Scott Italiaander; Jodie Italiaander 1270 Merry Lane R-85 (S-Fam Res. Min Lot 12000 Sq.Ft); The property is located on the southwest corner of Merry Lane and Pinetree Circle Variance requests from the DeKalb County Zoning Ordinance, to: (1) Reduce the street side yard setback from 35 feet to eight point five (8.5) feet from Pinetree Circle (Section 27-166.c.4); and (2) Reduce the average front yard setback from 79.92 feet to 68.29 feet along Merry Lane (Section 27-788.a), to build a new house, relating to the R-85 zoning district. Approval, of variances to: (1) Reduce the street side yard setback from 35 feet to 11 feet from Pinetree Circle; and (2) Reduce the average front yard setback from 79.92 feet to 68 feet along Merry Lane, to build a new house, based on the submitted site plan received on October 4, 2012. Page10
N-18 Application No: A-12-18254 Parcel ID: 18-326-01-016 Commission District: 1 Super District: 6 N-19 Application No: A-12-18255 Parcel ID: 18-275-03-015 Commission District: 1 Super District: 6 J. Montieth Fischer Revocable Living Trust 2426 Sunset Drive Tampa, FLORIDA 33629 Fischer J Monteith Co Trtee 3824 Watkins Place R-100 (S-Fam Res. Min Lot 15000 Sq.Ft); The property is located on the west side of Watkins Place, about 905 feet north of Harts Mill Road at 3824 Watkins Place. Variance requests from the DeKalb County Zoning Ordinance, to (1) Reduce lot width from 100 feet to 80 feet (lot #11) and to 90 feet (lot #10) (Section 27-146.a); and (2) Waive the lot merger requirement (Section 27-938.b&c), to divide a lot into two parcels based on the original 1947 subdivision plat, relating to the R- 100 zoning district. Approval, of variances to: (1) Reduce lot width from 100 feet to 80 feet (lot #11) and to 90 feet (lot #10); and (2) Waive the lot merger requirement, to divide a lot into two parcels based on the original 1947 subdivision plat conditioned to an agreement addresed in a letter received at the November 14, 2012 meeting. Robert E. Beecy And Deborah A. Downey 1061 Wimberly Road, N.E. Atlanta, GEORGIA 30319-2634 Robert Beecy; Deborah Downey 1061 Wimberly Road The property is located on the south side of Wimberly Road, about 158 feet east of Mabry Road (at 1061 Wimberly Road). Variance request from Section 27-189 of the DeKalb County Zoning Ordinance to increase lot coverage from 35% to 38% to construct a swimming pool, relating to the R-75 zoning district. Approval, of a variance to increase lot coverage from 35% to 38% to construct a swimming pool, based on the submitted site plan received on October 4, 2012. Page11