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HomeMy WebLinkAboutMinutes - BZA - 12-16-2008MINUTES City of Milton Board of Zoning Appeals Regular Meeting December 16, 2008 7:00 PM BOARD MEMBERS PRESENT Sandy Jones Todd Chernik Gary Willis Scott Kilgore Marcia Parsons Walt Rekuc John McRae CITY STAFF Angela Rambeau, Community Development Mark Law, City Arborist Jimmy Sanders, City Site Review/Const. Inspector Jim Seeba, Stormwater Engineer AGENDA 1) Call to order and pledge 2) Introduction of Board members 3) Approval of the November 18, 2oo8 meeting minutes 4) Vo8-022, 2985 Manor Bridge Drive 5) V08-23, 2570 Mountain Road 7) Vo8-031, 16355 Birmingham Highway 8) V08-033,14355 Cogburn Road 9) Vo8-034,145oo Freemanville Road 1o) Vo8-035, 14725 Thompson Road, Greystone Lake, LLC 11) Vo8-036, 657 Dunbrody Drive, WH Builders, L.P. 12) Vo8-037, 1545o Alpha Woods Drive, Blue Ridge Plantation 13) Other Business 14) Adjournment CALL TO ORDER Chair Sandy Jones called meeting to order. PLEDGE OF ALLEGIANCE STATEMENT OF THE BYLAWS OF THE BOARD OF ZONING APPEAL Read by the Chair Sandy Jones. BOARD INTRODUCTIONS APPROVAL OF MINUTES Motion and Second: Sandy Jones made a motion to approve the November 18, 2oo8 meeting minutes. The motion was seconded by John McRae. There was no discussion. Vote: 7-0. The motion unanimously carried. City of Milton Board Zoning Appeals Minutes Regular Meeting December 16, 20o8 Page 2 Chair Sandy Jones ■ Requested Staff read the first agenda item, V08-022 Staff Angela Rambeau ■ Read Petition for V08-0229 2985 Manor Bridge Drive, Elliott Smith for Anthony Pergola to Board ■ To allow an accessory structure (a storage shed) to encroach into the rear yard setback (Article 5.1.3.I) ■ Stated Staff was requesting a 3o day deferral until the January, 2008 meeting Motion and Second: Sandy Jones made a motion to defer Vo8-022 for 3o days. The motion was seconded by Scott Kilgore. There was no discussion. Vote: 7-0. The motion unanimously carried. Chair Sandy Jones ■ Requested Staff read the next agenda item, Vo8-23. Staff Angela Rambeau • Stated the next item on the agenda, Vo8-23, 2570 Mountain Road, William C. Ellis had been Administratively Withdrawn by Staff Chair Sandy Jones ■ Called the next agenda item, Vo8-031,16355 Birmingham Highway, Curtis Mills • Asked Staff to present case Staff Angela Rambeau ■ Read Petition for V08-031 to Board ■ Requested variance is to eliminate the minimum 50 foot spacing for a new public or private street from any property line adjoining AG1 and residential property (Article 14.34.5.7 ■ Staffs recommended conditions: No conditions Applicant Curtis Mills, 16355 BirmingLiam Highway, Milton, GA ■ Pointed out a few minor corrections to Staff ■ Requested board move his case further down the agenda ■ Have had some communication with other neighbors, the Hendrix family ■ Stated he and his neighbor Ms. Quay had late email exchanges ■ Ms. Quay was at meeting tonight ■ Made an offer on 12/5 and received a counter offer at 4:40 p.m. this afternoon ■ If offer is acceptable will negate the need for the variance ■ Needed additional time to negotiate with Ms. Quay working toward possible settlement. Board discussion about moving agenda item Walt Rekuc ■ Public hearing was already done ■ Board deferred their decision to this meeting ■ We are being asked to just table the vote City of Milton Board Zoning Appeals Minutes Regular Meeting December 16, 2008 Page 3 Board discussion with Staff about public hearing Chair Sandy Jones ■ Would like to hear from the adjacent property owner ■ This is reason for the deferral Staff Angela Rambeau ■ Said okay to reopen for public comment Applicant clarified for Board his reason for needing additional time. Motion and Second: Sandy Jones made a motion for Vo8-031 to open this back up to allow public comment only from the adjacent property owner, Mrs. Quay and to move this item (#6 on the agenda) to immediately follow agenda item #7, V08 -033 - Staff Angela Rambeau ■ If allow public comment to be opened it would be for anyone interested in speaking Motion was seconded by Todd Chernik. Marcia Parsons ■ Asked for clarification on need to open for public comment if the variance is withdrawn Applicant Curtis Mills ■ If agreement is reached would still be requesting a one month deferral pending a formal legal agreement ■ Do not believe would be requesting a withdrawal Walt Rekuc ■ No problem moving it to move it along this evening Vote: 7-0. The motion unanimously carried. Chair Sandy Jones ■ Called the next agenda item, Vo8-033, 14355 Cogburn Road ■ Asked Staff to present case Staff Angela Rambeau ■ Read Petition for Vo8-033 to Board ■ Variance request is to eliminate the required sidewalk in front of a subdivision along Cogburn Road (City of Milton Subdivision Regulations, Article 8.2.4.B.2.a) ■ Property is on section of Milton Trail ■ Development permit for property was issued through Fulton County ■ Staff recommended conditions: No conditions City of Milton Board Zoning Appeals Minutes Regular Meeting December 16, 2oo8 Page 4 Applicant Syed Rizvi, 14355 Cogburn Road, Milton, GA ■ Presented his case (Vo8-033) and reviewed his plans with the Board ■ Stated utilities around sidewalk area, including telephone lines and water lines Walt Rekuc ■ Asked about cleaning shrubs and pipes under driveway when built Applicant Syed Rizvi ■ Not building driveway - using common entrance to property ■ Was previously built ■ Traffic is critical issue close to Cogburn Chair Sandy Jones ■ Called for public comment Lisa Whalen, 14624 Timber Point, Milton, GA ■ Spoke in opposition to Vo8-033 Elizabeth Dinnsen,14335 Cogburn Road, Milton, GA ■ Spoke in opposition to Vo8-033 Ross Dinnsen, 14335 Cogburn Road, Milton, GA ■ Spoke in opposition (provided photos to Board) Amy Kelly, 14325 Cogburn Road, Milton, GA ■ Spoke in opposition Steve Kelly, 14335 Cogburn Road, Milton, GA ■ Did not speak - comments from Public Comment Card - opposition Howard Beard, 14345 Cogburn Road, Milton, GA ■ Did not speak - comments from Public Comment card read into record ■ Sidewalk need to be in place for safe travel to other neighborhoods and bus stop Applicant Syed Rizvi ■ Leave decision to city whether feasible to build at that location Walt Rekuc ■ Question to City Arborist, Mark Law, regarding specimen trees City Arborist, Mark Law ■ No specimen trees that will have to be cleared ■ Not certain about disturbance ■ Believes far enough away from sidewalk ■ Not enough information to know for certain the impact City of Milton Board Zoning Appeals Minutes Regular Meeting becember 16, 2oo8 Page 5 Walt Rekuc ■ Question about other adjoining properties ■ Were they required under county to put sidewalk in along their portion of the flag lot for Cogburn? ■ If sidewalk was put in place would storm drain have to be put in and fill? City Staff Jimmy Sanders ■ They were not ■ Property was subdivided and subdivided again ■ May be slight gap between the driveway and where the property starts ■ Would be prudent to close the gap ■ Could be some storm drain work depending on width of sidewalk ■ Trail would force more drainage work along sidewalk John McRae ■ Question for Jimmy Sanders regarding bond submitted in amount of $91750.00 ■ Asked if thought amount was fair market value for proposed project. City Staff Jimmy Sanders ■ Bond amount more because wanted to cover extra work believe may be necessary there ■ Builders can get better prices for materials ■ City has to bid it out and people have to be bonded ■ Feel reasonable cost for all that would be necessary ■ Would be significant more to do the trail Chair Sandy Jones ■ Closed public hearing Motion and Second: Walt Rekuc made a motion to deny Vo8-033• Reason for motion is that this is something that when the plat was recorded it was noted that a sidewalk would be required. I feel obligation is back to the applicant to do that and also believe it is just for what the other neighbors have done across the street. Since this has also been heard by the Design Review Board, they feel the same way and we have a standard and it needs to be upheld in the community. Motion was seconded by Scott Kilgore Discussion: There was no discussion. Vote: 7-0. The motion unanimously carried in favor of denial of Vo8-033• Chair Sandy Jones ■ Recalled Vo8-031, 15355 Birmingham Highway, Curtis Mills ■ Opening it back up for public comment before voting City of Milton Board Zoning Appeals Minutes Regular Meeting becember 16, 2oo8 Page 6 Applicant Curtis Mills ■ Just received Mrs. Quay's marked up agreement containing her notes ■ Needed additional time to review ■ Asked Board to move case further down on the agenda Todd Chernik ■ If this case is ultimately going to be deferred even with an agreement would not it be prudent to just defer the matter ■ Would give 3o days to write up a purchase agreement Applicant Curtis Mills • May be in fundamental disagreement ■ Apologized for getting this information so late ■ Leave it up to the Board to allow additional time Chair Sandy Jones ■ Conferred with rest of Board to defer the matter for more time ■ Polled the attendees at the meeting to determine who was present for the next case, Vo8-035, 14725 Thompson Road ■ Most of attendees were present regarding this case ■ Put Mr. Mills case, Vo8-031 after Vo8-035, 14725 Thompson Road ■ Called Vo8-035 as the next case to be heard Motion and Second: Chair Sandy Jones made a motion to hear Vo8-035 next and hear V08-031 after that case. The motion was seconded by Gary Willis. Discussion: There was no discussion. Vote: 7-0. The motion unanimously carried Chair Sandy Jones ■ Called the next agenda item, Vo8-035, 14725 Thompson Road ■ Asked Staff to present case Staff Angela Rambeau ■ Read Petition for Vo8-035 to the Board ■ Variance to allow a road to encroach into the 50 ft. undisturbed 50 ft. stream bank buffer ■ Part 2 to allow a road to encroach into the 75 ft. impervious setback ■ Staffs recommended conditions: (1) applicant shall install the required 20 ft. landscape strip around the detention pond; (2) all retaining walls shall be faced in a natural colored brick or stone per the overlay requirements; (3) vegetation shall be added around the base of the wall to provide a natural screen; (4) location and type of planting shall be per the approval of the City of Milton Arborist; (5) the proposed driveway shall be constructed by a minimum of 10 feet away from the Country Ridge Subdivision property line. These 10 feet shall be planted where sparsely vegetated in order to provide a natural buffer; and (6) location and type of planting shall be per the approval of the City of Milton Arborist City of Milton Board Zoning Appeals Minutes Regular Meeting December 16, 20o8 Page '7 Chair Sandy Jones ■ Called for questions Todd Chernik ■ Asked for staff clarification on whether road or driveway Staff Angela Rambeau ■ Stated is was for a driveway on both parts Walt Rekuc ■ Asked for clarification from staff on whether the driveway to be constructed would be a minimum of io ft. away from the Country Ridge Subdivision. ■ Would an additional amount of encroachment may be required? Staff Angela Rambeau ■ Reviewed from plans the area involved with Board ■ They can put the driveway right along the property line ■ You can add additional conditions if you desire Additional Board discussion with Staff about the location of the driveway from plans and surrounding subdivisions. Walt Rekuc ■ This was heard also by the Civil Water Conservation District ■ What occurred at that hearing? ■ Wanted to let everyone know he serves on the CWC and has heard this case before Staff Angela Rambeau ■ Deferred to Jimmy Sanders for response Staff Jimmy Sanders ■ They got state a state variance for the stream buffer impact ■ Had to also deal with issues from NRCS involving flood plain easement relating to the lake ■ Hydrology and engineering was looked at the project was approved Applicant Darrell Rochester, 425 Oak Street, Gainesville, GA (agent for applicant) ■ Have tried to diligently work through all the approval processes ■ Was originally permitted through Fulton County ■ Stop work order was issued ■ Variance was applied for and approved by the Department of Natural Resources for a variance in the buffer ■ Obtained approval through the US Army Corp of Engineers for the stream crossing ■ Approval was received also through NRCS City of Milton Board Zoning Appeals Minutes Regular Meeting December 16, 2008 Page 8 ■ Explained to the Board problem with the two lots located on the backside of the property that were not accessible by any other means but crossing the lake ■ Tried to minimize the environment impact ■ This is main concern of the developer ■ Want to do the same high quality development as the Greystone property ■ It was determined that only way to access those lots was to access the property through a 30 ft. strip that was acquired from Potterstone Subdivsion ■ Problem is the two properties do not adjoin each other without that strip ■ Goal is to tie those two properties together and minimize the impact to the environment ■ Have gone through the state and federal approvals as previously indicated ■ Do not want to create an adverse impact to the Soil Conversation Service lake ■ Mitigation has been provided by providing a detention basin as well as a water quality basin ■ Developer has set aside funds in escrow for dredging the upper end of the SCS lake near the roadway crossing ■ This is a private drive and not a road intended to only serve two homes ■ It is a 30ft. strip -16 ft. drive ■ Designed to accommodate public safety vehicles ■ This variance request tonight is only on the buffer ■ If this were a straight alignment crossing the creek, we would not need to be here ■ Normal perpendicular crossings would be exempt, but apparel sections are not exempt Walt Rekuc ■ Question about wall and how it will be enfaced with the pipe going through the wall to ensure it functions properly within the confines of the property you own Applicant Darrell Rochester ■ Structural engineer will design to make sure pipe is adequately sized and for flow ■ Make sure sound enough to support the road and any water issues ■ Only can do that by a bridge or by a cast -in-place wall • Our thinking has been it would be a culvert through a cast -in-place wall and grouted around the pipe to minimize any seepage around the pipe Walt Rekuc ■ Design Review Board recommended there be a facing around the wall that would be stone or brick ■ Distance from property line? ■ Question about emergency vehicle access ■ Asked if there had been discussion with neighbors adjoining where work will be done Applicant Darrell Rochester ■ Would stay within the confines of the 30ft. that is provided • Developer is fine with stone or brick veneer ■ Provided photos of Greystone Farms to look at ■ We have looked at the emergency vehicle situation and will be addressing that issue ■ Property was purchased from neighbor to the south ■ Believes appropriate to have discussion with the neighbors City of Milton Board Zoning Appeals .Minutes Regular Meeting becember 16, 2oo8 Page 9 Walt Rekuc ■ Might want to defer the matter until there is some communication with neighbors to work this matter out Applicant Bob Negrelli, 1-175o Birmingham Highway, Milton GA (developer) ■ Offered to buy some of the land from the adjoining property owners to no avail ■ Willing to work with community in anyway • Willing to do a 20 ft. buffer from the driveway to the Country Ridge people to minimally impact them ■ Provide natural vegetation and other plantings ■ Willing to build a fence to screen the Country Ridge people ■ Developer of Greystone ■ Average house is 2 million dollars ■ Road is opposite North Valley entrance ■ Crossings were intended to look like bridges and not just a culvert crossing over a waterway ■ Want to make this the highest quality community Walt Rekuc ■ Stressed to Mr. Negrelli importance of putting something on paper to review with the neighbors so they would feel better seeing the actual plan Applicant, Bob Negrelli ■ Agreed with Mr. Rekuc ■ One neighbor that called and had some questions and I advised I would be happy to meet with him or any of the other members of the community ■ We can defer this to sit down and talk further - no problem with that Scott Kilgore ■ Question about number of lineal feet that is parallel and in the buffer that the variance is needed for Applicant Darrell Rochester ■ About 50-6o feet Chair Sandy Jones ■ Question about funds set aside for dredging ■ Frequency for doing the dredging Applicant, Bob Negrelli ■ $50,000 sitting in an escrow account ■ While constructing road and prior to end of construction would dredge lake at same time • Volunteered with Potterstone people to dredge it out because it did not look right Chair Sandy Jones ■ Asked if there was a Community Information meeting held City of Milton Board Zoning Appeals Minutes Regular Meeting December 16, 2008 Page io Applicant, Bob Negrelli ■ Stated there was not John McRae ■ Asked Mr. Negrelli if case was denied what was his next plan of action to access property Applicant, Bob Negrelli ■ Do not see any other way ■ Would have to go through legal court action ■ Bought property will intent on accessing land ■ Already gotten approval from Fulton County, the state and federal government ■ Big studies have been performed ■ Country Ridge subdivision was put in around 199o's ■ Bought original land for the Greystone development in 1997 ■ Have talked with the people from Country Ridge since 1997 to try to buy access property ■ Bought a house from the head of the HOA ■ Was contacted from an attorney representing the rest of the homeowners the day of the closing and we were not allow to access it ■ When 11 acres became available thought that would be the best access for these lots ■ Would have minimum impact on all parties concerned ■ Have worked with neighbors for over a year to no avail Chair Sandy Jones ■ Called for public comment ■ 3 minutes per speaker allowed Public Comment -Public Comment Cards Completed - Any comments recorded on card will be entered into record: 1) All Tatar, 451 Calten Hill Court, Milton, GA (Potterstone Subdivision) Would like to see this work out. Not for or against, but questions: (1) how is the retention pond to be maintained (2) who will be responsible for maintenance (3) how can surrounding homeowners be assured that work will be completed within a certain timeframe and (4) erosion problems. 2) Darrin Ellis -May, 2155 Country Ridge Road, Milton, GA (opposition) Yielded time to Diana Wheeler as spokesperson 3) John May, 2155 Country Ridge Road, Milton, GA (opposition) Yielded time to Diana Wheeler as spokesperson 4) Shiela Pineyro, 2135 County Ridge Road, Milton, GA (opposition) Yielded time to Diana Wheeler as spokesperson 5) Diana Wheeler, 218o Country Ridge Road, Milton, GA (opposition - spokesperson for citizens indicated above) 6) Mike Jackson, 2095 Country Ridge Road, Milton, GA (opposition) City of Milton Board Zoning Appeals Minutes Regular Meeting December 16, 20o8 Page 11 7) Bruce Layman, 2115 Country Ridge Road, Milton, GA (opposition) Proposed plan will destroy wetland s and construction will certainly cross my property during construction of retaining wall 5 ft. from my property. 8) Lisa Layman, 2115 Country Ridge Road, Milton, GA (opposition) 9) David Brian, 2125 Country Ridge Road, Milton, GA (opposition) io) Suzanne Bradley, 2105 Country Ridge Road, Milton, GA (opposition) Did not speak or enter any comments other than opposition 11) David Bradley, 2105 Country Ridge Road, Milton, GA (opposition) 12) David Brian, 2125 Country Ridge Road, Milton, GA (opposition) 13) Suzanne Bradley, 2105 Country Ridge Road, Milton, GA (opposition) 14) John Blevins, 2145 Country Ridge Road, Milton, GA (opposition) 15) Clint Johnson, 1955 Drummond Pond Road, Milton, GA (opposition) North Valley Subdivision 16) Raymond Perryman, 2120 Country Ridge Road, Milton, GA (opposition) Did not speak or make comments on public comment card 17) Tom Gavney, 422 Dalton Hill Court, Milton, GA (opposition) Did not speak or make comments on public comment card Chair Sandy Jones ■ Called for other public comment • There was none ■ Recalled applicant for rebuttal or closing comments Applicant Darrell Rochester ■ Clarified for the record that Rochester did not develop Greystone Farms ■ We were involved with Greystone Lake ■ Here for variance buffer only ■ Respect and understand challenges of development ■ Try to the best of their ability to mitigate for each and every one of the issues presented ■ Concern about access to the property is an environment issue ■ Cost issue is not an issue ■ Mr. Negrelli is willing to spend a large amount of money to try to resolve the issues ■ Impact of crossing the lake is significantly greater than what Mr. Negrelli is proposing ■ This project has been permitted and there are two houses permitted within the Greystone Farm property ■ Do not believe there is going to be any resolve in talking with the neighborhood City of Milton Board Zoning Appeals Minutes Regular Meeting December 16, 2008 Page = ■ Asking the Board to take action tonight on this variance request. ■ Mr. Negrelli wants to move forward tonight Walt Rekuc ■ Asked staff for clarification on bridge that was reviewed and approved by the state ■ Only the road is part of the variance ■ Cut and fill calculations to make sure not causing waters to back up on upstream property owners Staff Jimmy Sanders ■ The hydrology study was sent in ■ RCS had their engineers review the study for any impacts regarding flooding as pertains to the project and they approved the project ■ There is a small measure of fill to be placed in for the driveway Staff Jim Seeba ■ The study does compensate for the amount of fill to be placed in the flood plain ■ This project is already permitted by Fulton County, approved by NRCS, a nationwide permit with the Corp ■ Do not know if I will be expected to even look at it ■ I would need to review the studies that have already been done and approved ■ Would not have been permitted if not looked at these issues ■ We took projects over from Fulton County when city was formed ■ If they had a permit they had a right to build it as planned ■ Believe this is the same situation Board discussion with engineers about studies that were done regarding issues addressed tonight Walt Rekuc ■ Further discussion with Mr. Negrelli about believing that having a meeting with the neighbors and allowing them to see the plans and photos ■ Perhaps they could come up with some compromise Bob Negrelli ■ Willing to do a deferment ■ Want it stated that his mother is dying and he has a lot of pressure on him ■ Leaving town on Thursday so cannot meeting with the community in the next 3o days ■ Would like to have a meeting at City Hall ■ Not optimistic a meeting would make any difference ■ Lived in that community for a year in Country Ridge and tried everything to negotiate and nothing worked ■ Feels that a deferment would be ridiculous because it will be the same thing ■ Bridges and roads are what they are ■ Already permitted for the 7 lots ■ Only addressing the stream buffer variance ■ Not willing to do anymore talking ■ Will move road 20 ft. back from their property lines ■ Will make sure the bridges are built properly City of Milton Board Zoning Appeals Minutes Regular Meeting December 16, 20o8 Page 13 ■ Do not believe they can see the bridge from the back of their decks ■ There is a lot of vegetation back there ■ Willing to do more than is required ■ These folks do not want to hear anything and are not reasonable ■ Would like an answer tonight Walt Rekuc ■ Still believe Mr. Negrelli could work things out with citizens ■ Understand if applicant cannot or does not wish to do this Todd Chernik ■ Questioned staff on whether it would be the responsibility of the community to maintain the drive and associated crossing easement? Staff Angela Rambeau ■ The two property owners that share the drive would maintain the drive Todd Chernik ■ What provisions are being made in your covenants so the homeowners would have the appropriate backing and/or bonding to maintain the culvert as pertains to flooding issues or structural issues that may arise Bob Negrelli • The federal government addressed the potential flooding issues • Willing to do whatever needs to be done with covenants • They will have to be an agreement including maintenance • Buyers will need to be made aware • Will be making it concrete and stone or brick faced to make it a permanent • Want to keep maintenance to a minimum John McRae ■ Questioned about on whether he had considered another access area for the driveway Detailed discussion with applicants reviewing from their drawings the area of issues, including the location of the wetlands Bob Negrelli ■ This was determined to be the most logical, easiest and the least impacted way to accomplish the access Gary Willis ■ Question for staff Jimmy Sanders ■ Asked about his comments on his site plan review regarding this being the only way to access to the property [read Jimmy Sanders' comments]. City of Milton Board Zoning Appeals Minutes Regular Meeting December 16, 2oo8 Page 14 Staff Jimmy Sanders ■ This is the best and causing the least impact • Could build a bridge or enter with a helicopter ■ This is the most practical fashion Chair Sandy Jones ■ Question to Jimmy Sanders regarding driveway maintenance ■ Key criteria you may wish to see in the covenants? ■ What about bonding in the HOA agreements? Staff Jimmy Sanders ■ Before final plat is approved we will have the developer enter into an indemnification for their detention pond and drainage facilities ■ This gets transferred to the HOA for their maintenance of any drainage aspects ■ Driveway itself would be the responsibility of the property owner ■ Will be some bonds for the typical i8 month bonding period for the subdivision maintaining the drainage, streets - curb & gutter and sidewalks, but are limited • When platted it will be platted as either a public street or a private street ■ Should be a basic set of documents that will have to be entered into when the property is purchased so the awareness of the maintenance is outlined ■ The bonds generally start from the time of the platting Scott Kilgore ■ Asked about the large water quality pond ■ Is that platted? Staff Jimmy Sanders ■ That pond is part of the approved plan that Fulton County approved Chair Sandy Jones ■ Called for any other questions or additional public comment. There was none Motion and Second: Walt Rekuc made a motion to defer Vo8-035 to see if the applicant and the two or three adjoining owners to the area could meet and be heard next month so that would give a little more time to help mitigate and mediate the issues. The motion was seconded by Chair Sandy Jones. Discussion: Chair Sandy Jones ■ Asked Mr. Rekuc what he hoped to achieve by deferring ■ Even if agreement is reached, the same ruling on the technical merits will have to be voted on to allow or not to allow the buffer variance City of Milton Board Zoning Appeals Minutes Regular Meeting December 16, 2008 Page 15 Walt Rekuc ■ Reiterated that he believed having more understanding of what would be adjoining their property may ease their concerns ■ Looking at the landscape plans, wall plans, the conditions of the Design Review Board, and having the opportunity to review some pictures Additional discussion about the Board's charge on making a ruling Gary Willis ■ Applicant has made it more than clear that he is not interested in a deferral ■ Need to honor his request and make a decision tonight Scott Kilgore ■ Although we take into consideration the neighbors comments, the Board's decision is on the technical merits of the variance itself and whether there is a hardship and harmony with the intent of the ordinance ■ We still have to make the decision regardless in 3o days ■ Believe we need to make the decision tonight Continued discussion regarding making the decision without exploring further negotiations and perhaps making a hasty decision John McRae ■ Stated his questions and concerns were more of a legal nature ■ Perhaps need to more due diligence regarding the state and federal decisions Chair Sandy Jones ■ Called for a vote Vote: 5-2, with Walt Rekuc and John McRae voting for the deferral and Chair Sandy Jones, Todd Chernik, Scott Kilgore, Gary Willis and Marcia Parsons voting against the deferral. The motion failed with a vote of 5 -2 - Motion and Second: Chair Sandy Jones made a motion to approve Vo8-035 with the following conditions: (1) the applicant shall install the required 20 ft. landscape strip around the detention pond; that the strip shall be outside of the pond slope; the landscape plan should include native plants with a mix of Evergreens that fit the natural environment and should be approved by the city arborist, (2) all retaining walls shall be faced in natural colored brick or stone per the overlay requirements and vegetation shall be added around the base of the walls to provide a natural screen, (3) the proposed driveway shall be constructed a minimum of 20 ft. from the back of the properly line from the adjacent property line, (4) the driveway shall be maintained by the new homeowners and this shall be clearly stated in the HOA Covenants, and (5) a $50,000 escrow account shall be established and kept in reserve for future dredging and maintenance of the existing lake. The motion was seconded by Todd Chernik. City of Milton Board Zoning Appeals Minutes Regular Meeting December 16, 2oo8 Page 16 Discussion: Scott Kilgore ■ Clarified that Chair was changing staff s recommendation of 10 ft. to 20 ft. Chair Sandy Jones ■ Stated she did make that change due to applicant's willingness to add that additional distance from the neighbor's property Walt Rekuc ■ Asked for clarification on the 20 ft. from the property line as there are several different property lines Chair Sandy Jones stated she would go back and remove the 20 ft. she stated and leave it as the 10 ft. as stated in staffs report Scott Kilgore moved to amend the motion by adding an additional condition, Item #6, that the proposed sediment removal from the lake that is in the current plan but not the approved plan be a required condition of approval. Chair Sandy Jones seconded the friendly amendment. There was no further discussion. Vote: 6-o-1, with Walt Rekuc abstaining. Chair Sandy Jones ■ Called for a vote on the original motion to approve Vo8-035- Vote: 5-2, with Scott Kilgore, Gary Willis, Sandy Jones, Todd Chernik and Marcia Parsons voting in favor of the motion and Walt Rekuc and John McCrae voting in opposition. The motion carried. Chair Sandy Jones ■ Recalled V08-031, 16335 Birmingham Highway Curtis Mills ■ Requested a deferral until next month ■ Have worked most of our issues and have signed a letter of understanding ■ Hope to be requesting a withdrawal at the next meeting Chair Sandy Jones ■ Called for public comment Beth Quay, 4476 Wildcat Bridge Road, Royston, GA (Vo8-031 neighbor) ■ Have been able to work through our issues ■ It appears the variance will be withdrawn ■ Thanked board for their cooperation City of Milton Board Zoning Appeals Minutes Regular Meeting December 16, 2008 Page 1'7 Chair Sandy Jones ■ Closed public hearing Motion and Second: Chair Sandy Jones made a motion to defer Vo8-031 until the January, 2009 meeting. The motion was seconded by John McRae. There was no discussion. Vote: 7-0. The motion unanimously carried. Chair Sandy Jones ■ Called the next agenda item, Vo8-034,14500 Freemanville Road ■ Requested staff to present case to Board Staff Angela Rambeau ■ Read Petition for Vo8-034 to the Board ■ Requested variance is allow a private recreational court to encroach into the minimum rear yard (Article 19.3.7) ■ Staffs recommendation: Applicant shall obtain a building permit for the recreational court and pay applicable fees and penalties Chair Sandy Jones • Questions for staff? ■ Called applicant to present case Applicant James Jelin,1450o Freemanville Road, Milton, GA ■ Presented Vo8-034 to Board ■ Variance requested is 2.4% ■ Back corner of property ■ Have talked to back owner Tom French and he is happy with what has been done ■ Property had been vacate for 6-7 years ■ Have stabilized the property and spent a great deal of money to do so ■ There is lighting on the court and it has met the City's requirements Todd Chernik ■ Anything from your neighbor in support or not in opposition? Applicant James Jelin ■ Neighbor is an older gentlemen and I did not ask him to write something Gary Willis ■ Was land purchased from Mr. French? Applicant James Jelin ■ Stated no, the land was purchased from the builder, Steve Casey Walt Rekuc 0 Asked about pine beetle damage in back corner of property City of Milton Board Zoning Appeals Minutes Regular Meeting December i6, 2oo8 Page 18 Applicant James Jelin ■ Did not know ■ People that clear cut the land basically cleared it wide open to flooding ■ City Arborist did come out and look at the property ■ Made suggestion on what trees to save and we have added trees since that time Chair Sandy Jones ■ Called for additional questions or public comment ■ There was none ■ Closed public hearing Motion and Second: Walt Rekuc made a motion to approve Vo8-034 for the sports court to encroach within the 50 ft. rear building setback due to builder error and issues involving the property and with being in harmony and the area not affecting the other properties, with the condition that the applicant shall obtain a building permit for the recreational court and pay applicable fees and penalties. The motion was seconded by Sandy Jones. There was no discussion. Vote: 7-0. The motion unanimously carried. Chair Sandy Jones ■ Called the next agenda item, V08-036,657 Dunbrody Drive ■ Requested staff to present case to Board Staff Angela Rambeau ■ Read Petition for Vo8-036 to the Board ■ The requested variance is to allow a deck and stairs to encroach into the minimum side yard ■ Staff recommendations: Applicant shall obtain a building permit for the deck and steps Chair Sandy Jones ■ Called for questions John McRae ■ Asked staff about a letter not in their packet from the adjacent property owner Walt Rekuc ■ Waterford Homes is the owner and it is a vacant lot Chair Sandy Jones ■ Letter of appeal is from Waterford Homes Jeff Cavender, 5880 Live Oak Parkway, Norcross, GA ■ Owner of the property • Representing the buyer, as house is sold ■ Someone resides in home now ■ What they asked for in their special stipulations in their contract was to attempt to obtain a variance for the steps ■ Customer has two small children ■ Currently when playing, the children have to come into the house, use the interior stairs, and go through the basement to get into the backyard City of Milton Board Zoning Appeals Minutes Regular Meeting December 16, 2008 Page 19 ■ This egress in the back of the house would be a safety enhancement in case of an emergency ■ There is a 6 ft. privacy fence in the backyard ■ Agreed to do some type of lattice to screen off the additional landing and steps to protect it from the customer ■ There is a 40 ft. power line easement that backs up to the edge of the screen porch ■ Need the easement to bring the steps off the side and take them down into the rear yard Chair Sandy Jones ■ Called for questions for the applicant Scott Kilgore: ■ Will you be pushing the other house back 17 ft.? Jeff Cavender ■ Stated that was correct, there will be 17 ft. between the actual corners of the house. Todd Chernik • Could you take the extension off to the left-hand of the yard and not having a side yard impact? Jeff Cavender ■ Not enough room, as there is less than 2 ft. in that area Board discussion with applicant about reason for the placement reviewing the site plan Walt Rekuc ■ Would railing being placed on the landing at the top of the deck be stained similar to the house or trim? Jeff Cavender ■ Yes Chair Sandy Jones ■ Called for public comment ■ Called for any other questions ■ There was none ■ Closed public hearing Motion and Second: Walt Rekuc made a motion for approval of Vo8-036 by allowing a five foot encroachment into the side yard setback. It is in harmony or could be made in harmony with the general intent and purpose of the resolution and with the conditions that (1) the applicant shall obtain a building permit for the decks and the steps and (2) that the color of the trim and siding of the house shall match the color of the railing, deck and steps being proposed to be built and seen from the street. The motion was seconded by Todd Chernik. City of Milton Board Zoning Appeals Minutes Regular Meeting December 16, 2008 Page 20 Discussion: Scott Kilgore ■ Since applicant owns the adjacent land the buyer can decide and would reinforce that this is in harmony because the buyer can decide if the 17 feet is being the intent or not. Vote: 7-0. The motion unanimously carried. Chair Sandy Jones ■ Called the next agenda item, V08 -037,1545o Alpha Woods Drive ■ Requested staff to present case to Board Staff Angela Rambeau ■ Read Petition for V08-037 to the Board ■ Requested variance is to allow an accessory structure, a detached garage to encroach into the minimum side yard ■ Staffs recommendation: (1) applicant shall obtain a building permit for the garage and (2) applicant shall provide any necessary recompense for the specimen tree per the city arborist Chair Sandy Jones ■ Clarification from Arborist regarding impacts of the trees City Arborist Mark Law ■ Have recently gone and re -visited the site ■ Tree is only 18-20 inch caliber tree and not specimen quality Scott Kilgore ■ Questioned Arborist about impact of root zone City Arborist Mark Law ■ Yes would be in area of the root zone, but not specimen tree ■ Different trees are affected differently ■ Believe it was a Sweet Gum tree ■ Not heavily branched out Applicant, Ed Aurelia, 1533o Hopewell Road, Milton, GA ■ Presented case to Board ■ State if garage had to be moved further back on property and to the right, they would have to remove the tree, wall and mature shrubs ■ Also has to go around edge of existing garage ■ House is 5550 sq. ft. house that we are modernizing to have a two -car garage ■ Large buffer of trees to screen garage ■ Only one neighbor and they are far back Walt Rekuc ■ Asked applicant if he would be matching the garage materials to the house ■ If the tree is lost would you mind planting another tree somewhere? City of Milton Board Zoning Appeals )4inutes Regular Meeting December 16, 2oo8 Page 21 Applicant, Ed Aurelia ■ It will be the same architectural construction as the house ■ No problem with making that a condition ■ No problem with planting another tree ■ Believe we will be more than 15 ft. away from the tree if approved ■ I am a builder and if building within 10-15 ft. you can save it ■ It is a good size tree and provides shade to back yard so would like to save it Marcia Parsons ■ Asked about the new garage showing on plans as being offset a little bit from the driveway Applicant, Ed Aurelia ■ Wanted to leave some of the side setback ■ Had to work with the way the drive is poured ■ Would move it over further if the Board allowed Chair Sandy Jones ■ Called for any other questions ■ Called for public comment ■ There was no public comment ■ Closed public hearing Motion and Second: Walt Rekuc made a motion to approve V08-037 to allow an encroachment of 15 ft. into the side yard easement with the conditions being that (1) the applicant shall obtain a building permit for the garage, (2) the applicant shall provide all necessary recompense for specimen tree per the city arborist, and (3) the garage will be architecturally similar to the existing houses (style of roofline, colors, type of brick and mortar, garage doors and lighting). Relief, if granted, would be in harmony with or could be made in harmony with the general purpose and intent of the city's resolution. The motion was seconded by Chair Sandy Jones. Discussion about the need for condition #2. Mr. Rekuc agreed to remove that condition from the motion. There was no further discussion. Vote: 7-0. The motion unanimously carried. Chair Sandy Jones ■ Called the next agenda item, Other Business ■ Revisit the Board's changes to the petition considerations Board discussion with staff about status of this item Staff Angela Rambeau ■ Has been presented to City Council. ■ Most of the comments were made after consultation with the City Attorney ■ Added back part about being in "harmony" City of Milton Board Zoning Appeals Minutes Regular Meeting December 16, 2008 Page 22 Chair Sandy Jones ■ We intently eliminated the use of the term "harmony" Discussion with Staff about criteria difference in (a) and (b) Todd Chernik ■ Stated (a) and (h) are exactly the same ■ This Board and public struggles with the use of the word "harmony" Chair Sandy Jones ■ Not sure if the comments came from Council, the Planning Commission or City Attorney ■ Have no way of knowing from the document who made the comments Todd Chernik ■ Stated (b) satisfies what the Board's intent was ■ They all should meet (b) Staff Angela Rambeau ■ Not expected to make a decision on it tonight ■ Suggested talking some time to think about it ■ Perhaps discuss at the next meeting regarding possible further changes Walt Rekuc ■ The word ordinance appears twice also in (2). Chair Sandy Jones ■ Was at the last Council meeting where this was presented ■ Questions were raised by staff ■ Relied on legal to make sure what the Board was putting together accurately reflected the Board's intent ■ Would suggest that a work session be scheduled with a legal representative to work this out ■ Concerns that PC had and some concerns legal voiced ■ Council wants these issued resolved before they can evaluate and rule on this Additional Board discussion about how to hand changes to the petition consideration ➢ A work session was scheduled for January 7, 2009 ➢ City Attorney, Ken Jarrard, and Staff Alice Wakefield and perhaps George Ragsdale of the Planning Commission or the chair ■ Discussion of the 2009 calendar ➢ No changes to the calendar City of Milton Board Zoning Appeals Minutes Regular Meeting December 16, 2008 Page 23 Chair Sandy Jones ■ Called for any other business ■ There was none ADJOURNMENT Motion and Second: Chair Sandy Jones made a motion to adjourn. The motion was seconded by John McRae. There was no discussion. Vote: 7-0. The motion unanimously carried. Meeting adjourned at 10:30 p.m. Date Approved: Approved 1-zo—..,c7 <� o testa Ivie Sa y Jones, Ch Clerk's Office Board of Zoning gLe