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had been Administratively Withdrawn by Staff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
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