2022-03-24 · City Council · Transcript · Planning Commission Meeting

--- title: Planning Commission Meeting date: 2022-03-24 source: 2022-03-24_Planning_Commission_Meeting.wav --- [0:00:10, 0:00:16]: Okay, I'm you saying I I'm getting a view and uh an arrow in the upper you say upper right hand or upper left forearm. [0:00:17, 0:00:24]: Upper right hand corner, right? You'll see three blue dots. And then you'll click on your left cursor. [0:00:25, 0:00:29]: Yeah, I got that gives me view and gallery full screen. [0:00:31, 0:00:33]: Okay, so I have a blue arrow. [0:00:34, 0:00:35]: A little like castle with view. [0:00:36, 0:00:37]: Mm-hmm. [0:00:37, 0:00:38]: And uh [0:00:40, 0:00:43]: L. I don't have three dots. [0:00:44, 0:00:50]: Okay. What we can do is um I'll I think IT is on the call. [0:00:53, 0:00:58]: and should be able to make the update, but it is six thirty-three. [0:00:59, 0:01:00]: Okay. [0:01:01, 0:01:03]: You will planning commission meeting to order. [0:01:05, 0:01:06]: Um [0:01:07, 0:01:11]: You hear uh uh roll call, call order or um [0:01:13, 0:01:15]: You're called to order. [0:01:15, 0:01:16]: Well, six thirty three. [0:01:18, 0:01:19]: Invocation. [0:01:24, 0:01:31]: Uh Mr. Dumas, do an invocation pause? Sure, I will. Let us bow our heads, please. [0:01:33, 0:01:45]: God, we come before you tonight with bowed heads and normal hearts. God, we humble ourselves before you at this time to conduct the business of the citizens of the city of Stockbridge. [0:01:46, 0:01:56]: We ask God that you will guide our hearts and inspire our thoughts that we will do what is right and that's proper in your sight. [0:01:56, 0:02:00]: Yes, we pray in Jesus' name. Amen. Amen. [0:02:01, 0:02:01]: Yeah. [0:02:02, 0:02:04]: Well, let's do the Pledge of Allegiance. Ready? [0:02:06, 0:02:22]: Uh-huh. Well ready for two flags. Two flags of America. Two republic and two. One nation under God. Undergard, indivisible. Liquidity, justice, is brought. [0:02:23, 0:02:25]: Ms. Logan, a roll call? [0:02:25, 0:02:26]: Yes. [0:02:26, 0:02:27]: Ask yeah Adola. [0:02:27, 0:02:28]: Present. [0:02:29, 0:02:30]: Kathleen Nelson. [0:02:32, 0:02:32]: Is it? [0:02:34, 0:02:34]: Um [0:02:35, 0:02:35]: Okay. [0:02:36, 0:02:37]: Uh, it's Stanley Dunis. [0:02:37, 0:02:38]: Present. [0:02:38, 0:02:39]: Harold Thibodeau? [0:02:41, 0:02:42]: David Planton. [0:02:43, 0:02:43]: Present. [0:02:44, 0:02:45]: Rodney Horns. [0:02:45, 0:02:46]: Present. [0:02:46, 0:02:48]: So chairman, we have quorum. [0:02:49, 0:02:50]: Thank you. [0:02:51, 0:02:52]: Excuse me. [0:02:53, 0:02:56]: I have a motion to adopt the agenda for the day. [0:02:59, 0:03:02]: I make a motion to adopt today's agenda. [0:03:03, 0:03:04]: I will second it. [0:03:04, 0:03:06]: This is David Planthron. [0:03:07, 0:03:08]: Okay, it's been moved uh [0:03:09, 0:03:12]: Ms. Nelson and then second by Mr. Planchon. [0:03:12, 0:03:15]: All those in favor, let it be known by the sign of aye. [0:03:15, 0:03:19]: Hi thu look away [0:03:19, 0:03:24]: Hearing none, uh the agenda for today is adopted. [0:03:25, 0:03:28]: Wanna review the uh minutes from January twentieth. [0:03:30, 0:03:31]: And uh [0:03:37, 0:03:38]: Note any changes. [0:03:40, 0:03:42]: Or minutes. [0:04:02, 0:04:05]: Chairman, is there a motion on the floor for the minutes? [0:04:07, 0:04:12]: I make a motion to approve the minutes from the January twentieth meeting. [0:04:13, 0:04:14]: Yeah. [0:04:15, 0:04:16]: We'll second that, Mr. Horns. [0:04:17, 0:04:18]: Yes. [0:04:18, 0:04:19]: All right. [0:04:20, 0:04:24]: It's been moved the second all over the table that it's be known by the sign of I. [0:04:25, 0:04:33]: Aye. Those opposed, as have it. The uh January 20th minutes are approved and adopted. [0:04:35, 0:04:38]: Um yeah one day. [0:04:44, 0:04:49]: So Chairman, the next item would be an introduction of new staff. [0:04:49, 0:04:51]: I want it to [0:04:51, 0:05:11]: I think as you know, since I've been director here, I've been making a point to try and build and bolster our team so that we are equipped with the uh knowledge and experience in order to welcome new business into the city and to handle all the operations that are needed to. [0:05:11, 0:05:31]: Have good customer service and quality responses to our customers. So I wanted to introduce our chief planner, Ryan Anderson, who started with us this week. I'll just briefly say that he comes with quite a bit of experience in land use and zoning. [0:05:31, 0:05:51]: He's worked in Douglasville, City of South Fulton, and a few, just to name a few. And it's coincidentally has actually worked previously with some of the staff members that are already in community development at some point or another throughout his career. So I wanted to give him the opportunity to say. [0:05:51, 0:05:59]: A few things about himself and welcome him from the Planning Commission and the Community Development Department. [0:06:00, 0:06:03]: Good evening. Uh my name is Ryan Emerson. Uh [0:06:05, 0:06:08]: Get some push feedback while I'm turning it down. [0:06:08, 0:06:28]: Uh my name is Brian Anderson. Uh I'm from originally from Jackson, Mississippi. Um I've been in the Atlanta area for uh 22 years now. Um I'm excited to be working for the city of Stockbridge and I'm looking forward to meeting you guys in person one day. And um I think I can be a big assistance, be of a bigger [0:06:28, 0:06:41]: assistance to you guys and helping um the city move forward with some new and exciting projects. And I'd like to reiterate that I'm very happy to be here and I'll look forward to meeting you guys again in the future. [0:06:42, 0:06:43]: Oh welcome aboard, Mr. [0:06:44, 0:06:45]: Anderson? [0:06:45, 0:06:48]: Yeah, I look forward to seeing you as well. Thank you, sir. [0:06:49, 0:06:50]: Thank you. All right. [0:06:51, 0:06:52]: Thanks, Sharon. [0:07:01, 0:07:02]: Any other comments? [0:07:03, 0:07:04]: No, sir, that's it for me. [0:07:05, 0:07:08]: Okay, what about uh the next item is the uh public hearing? [0:07:09, 0:07:11]: Uh if you say you and Miss Logan. [0:07:13, 0:07:16]: Yes, uh Linda view call the Adam and uh present. [0:07:19, 0:07:19]: Okay. [0:07:20, 0:07:22]: Variance case number V R [0:07:22, 0:07:24]: Two oh two two oh one. [0:07:25, 0:07:27]: For seven two seven Beth Page Drive. [0:07:28, 0:07:34]: Nitesh Patel, the applicant and owner of a residential lot at seven twenty-seven Beth Page Drive. [0:07:34, 0:07:39]: Which is parcel ID number zero five one F zero one two two. [0:07:39, 0:07:41]: Zero zero zero zero. [0:07:41, 0:07:46]: Request a variance to reduce the property's rear yard setback from the required seventy-five feet. [0:07:47, 0:07:49]: For a golf course, a budding lot to fifty feet. [0:07:50, 0:07:53]: To allow for the construction of a new single family detached home. [0:07:54, 0:07:57]: The property is located in landlot seventeen of district six. [0:07:57, 0:07:59]: Within the stock rich city limits. [0:07:59, 0:08:02]: It comprises lot fourteen of block W. [0:08:02, 0:08:05]: Within unit eleven of the Eagles Landing subdivision. [0:08:07, 0:08:10]: I have a PowerPoint presentation prepared. [0:08:10, 0:08:12]: Which uh going to share with you. [0:08:13, 0:08:15]: Uh let's see. [0:08:16, 0:08:17]: Zacking. [0:08:18, 0:08:24]: Get a l I get a lot of pop ups on my screen, some ads, unfortunately. So you might you might see some of them. [0:08:25, 0:08:26]: Um [0:08:27, 0:08:27]: Okay. [0:08:30, 0:08:30]: Well [0:08:31, 0:08:33]: Not sure. Say share. [0:08:34, 0:08:35]: Uh [0:08:39, 0:08:39]: Okay. [0:08:41, 0:08:42]: Oh, there it is. Can you see it? [0:08:43, 0:08:46]: Yes, we can see your screen. Oh, okay, excellent. [0:08:46, 0:08:48]: So this is a cover page uh [0:08:49, 0:08:50]: titles of project and [0:08:51, 0:08:51]: This [0:08:51, 0:08:55]: This case will be going to city council meeting after this on April the eleventh. [0:08:57, 0:09:02]: The uh property is located in the Eagles Landing subdivision, and this is just a portion of it. Um [0:09:03, 0:09:05]: This is Beth Page Drive. [0:09:05, 0:09:08]: Here, this curved street, the subject properties right here, seven. [0:09:09, 0:09:09]: Twenty seven. [0:09:10, 0:09:11]: За гоф корс. [0:09:11, 0:09:16]: behind it that's part of Eagles Landing Country Club. And by the way, E Bethpage Drive forms [0:09:16, 0:09:17]: boundary between [0:09:17, 0:09:20]: Stockbridge city limits and Henry County. [0:09:20, 0:09:23]: Um the street behind it is is Cog Hill. [0:09:24, 0:09:27]: And I'll talk about two other properties here in a few minutes. [0:09:28, 0:09:29]: Oh. [0:09:29, 0:09:32]: It's a close up view of the subject property. It is vacant. [0:09:33, 0:09:36]: Um, you could see a couple of other houses uh there on the street. [0:09:37, 0:09:39]: Uh we posted um [0:09:39, 0:09:42]: signs selling signs on the property on March first. [0:09:43, 0:09:43]: Um [0:09:43, 0:09:46]: Here is the view uh from the east. [0:09:46, 0:09:47]: And it's a [0:09:47, 0:09:50]: vacant property here and you can see the other houses there on the street. [0:09:51, 0:09:53]: And then from the other direction [0:09:53, 0:09:56]: Again, here's the subject property and then you can see. [0:09:56, 0:10:00]: Ha a few lots, vacant lots in between and then other [0:10:00, 0:10:01]: Houses further down. [0:10:05, 0:10:07]: So these are some facts about the property. [0:10:07, 0:10:11]: Uh uh the application. Uh Mr. Nitesh Patel's a property owner and [0:10:12, 0:10:15]: Hazel Suparawala is an agent and as well as the builder. [0:10:16, 0:10:21]: Um, I've identified the property already. It is on PD plan development, vacant, level and wooded. [0:10:22, 0:10:22]: Um [0:10:23, 0:10:25]: Uh, the applicant again requested [0:10:26, 0:10:30]: set back to fifty feet, but he later revised his request. [0:10:30, 0:10:36]: to sixty-five feet. So then that would only be ten foot difference from the required seventy five feet. [0:10:36, 0:10:37]: Um [0:10:37, 0:10:44]: I see what I've been not covered. Uh surrounding leak land use, other existing homes on the lot on the street, vacant lots, as you saw. [0:10:45, 0:10:47]: Um most of these other houses have [0:10:48, 0:10:49]: The seventy five feet and one or two. [0:10:50, 0:10:50]: Year to happen. [0:10:50, 0:10:52]: Um sixty two to sixty five feet. [0:10:53, 0:10:55]: Okay. And [0:10:55, 0:10:56]: See, I have a [0:10:57, 0:11:01]: Another slide which shows a close up of that. [0:11:02, 0:11:02]: Let's see. [0:11:03, 0:11:04]: Uh [0:11:07, 0:11:08]: Mm-hmm. [0:11:09, 0:11:11]: Oh okay. So here again is a subject property. [0:11:12, 0:11:15]: Now if you can see here some of these other houses on the street. [0:11:15, 0:11:17]: You see the roofs of'em, of course. [0:11:17, 0:11:18]: And um [0:11:19, 0:11:21]: You can see how far back they are from there. [0:11:22, 0:11:23]: From the rear yard property line. [0:11:24, 0:11:25]: And um [0:11:26, 0:11:27]: I measured on [0:11:28, 0:11:29]: uh on the computer and [0:11:30, 0:11:30]: Wasn't it [0:11:31, 0:11:33]: precise but very close and they have [0:11:34, 0:11:36]: Seventy five, except for maybe this one. [0:11:37, 0:11:37]: Oh. [0:11:39, 0:11:41]: Okay, let's move on here. [0:11:42, 0:11:43]: Now the requirement for [0:11:44, 0:11:50]: The rear yard setback of 75 feet. This is where it comes from. I don't expect you to be able to read this. [0:11:50, 0:11:56]: But this is shows this is a cover page of the final approved plat for equals landing subdivision. [0:11:56, 0:11:59]: Unit l eleven, that's one of the sections. [0:11:59, 0:12:01]: This was done in two thousand five. [0:12:01, 0:12:02]: It shows um [0:12:03, 0:12:06]: shows the streets and the lots that are covered and [0:12:07, 0:12:11]: You can't see this, but this circled area here gives the required setbacks. [0:12:12, 0:12:12]: Oh. [0:12:13, 0:12:15]: So that's where the requirement comes from. [0:12:16, 0:12:18]: Uh this is the applicant's um [0:12:18, 0:12:20]: Um original site plan. [0:12:20, 0:12:24]: Uh proposed house, John and Green. Now wait a minute, how did this get moved lower? [0:12:25, 0:12:25]: Stop. [0:12:25, 0:12:26]: Okay. [0:12:26, 0:12:27]: Um [0:12:28, 0:12:33]: And so the issue is the distance really from from front to back. [0:12:33, 0:12:36]: Um that's the issue and you can see here the [0:12:36, 0:12:41]: The the front y required front yard setback is forty feet, and that is shown in this dashed line here. [0:12:42, 0:12:42]: Um [0:12:42, 0:12:46]: So even if the the um applicant were to [0:12:46, 0:12:49]: Move a house further closer to the street. [0:12:49, 0:12:52]: there would still be an encroachment at the rear. [0:12:53, 0:12:54]: And this is because of [0:12:55, 0:12:57]: The location of a garage here. [0:12:57, 0:12:58]: Um [0:12:58, 0:13:02]: There's a requirement in Eagles Landing uh subdivision, the [0:13:02, 0:13:05]: Property Owners Association has a policy which says [0:13:06, 0:13:08]: That they must uh property owners must. [0:13:09, 0:13:11]: Not have garages facing the street. [0:13:11, 0:13:14]: So therefore the applicant has to show the driveway. [0:13:14, 0:13:17]: The coming in from the side and the entry to the garage to the side. [0:13:18, 0:13:20]: And what that means is that the [0:13:20, 0:13:23]: a garage being turned sideways then makes it longer. [0:13:24, 0:13:25]: And um [0:13:25, 0:13:28]: longer distance front front to back. Here is the [0:13:29, 0:13:31]: Policy this is a page out of there. [0:13:32, 0:13:33]: Асоціації с [0:13:34, 0:13:35]: Manual. [0:13:35, 0:13:38]: So here this says garages here. [0:13:38, 0:13:40]: Two car garages are required. [0:13:40, 0:13:44]: And a garage must face either side lot line or rear yard line. [0:13:44, 0:13:47]: And in no case may it face the front property line. [0:13:48, 0:13:49]: They must be screened. [0:13:49, 0:13:53]: And um it it says it could have golf cart garage as well. [0:13:54, 0:13:58]: So this would be a f a three car garage plus a golf cart garage. [0:13:59, 0:14:00]: Uh huh. [0:14:01, 0:14:04]: Some zoning history of the property and um [0:14:04, 0:14:05]: No I'm [0:14:06, 0:14:10]: First in the area, we had um back in two thousand eleven. [0:14:11, 0:14:16]: Uh another property is not shown on the map, but it's closer to the entrance of the country club's main street. [0:14:16, 0:14:17]: Um [0:14:17, 0:14:23]: was granted a rear yard uh setback reduction, but that was for a swimming pool and not a house. [0:14:23, 0:14:28]: Then we have on three oh six Broadmoor Way, which is two streets further to the north. [0:14:29, 0:14:30]: Um [0:14:31, 0:14:35]: This is Cog Hill, the next street to the north, which it could not uh fit on here. [0:14:36, 0:14:37]: But anyway, um [0:14:39, 0:14:47]: So that one was is a large house. That's a large house been built on two lots, but that is outside of the city. So that was the county who granted that. [0:14:48, 0:14:51]: Uh now we have 845 Cog Hill. [0:14:51, 0:14:52]: The next street to the north. [0:14:53, 0:14:56]: Um this was granted a variance approval. [0:14:56, 0:14:57]: Uh after [0:14:58, 0:14:58]: Um [0:14:59, 0:15:04]: Eagles Landing Property Association Association Association approved it. The uh county had recommended an [0:15:04, 0:15:05]: The county [0:15:06, 0:15:08]: The variants case originally came to the county. [0:15:09, 0:15:12]: And then they recommend denial, but then since the [0:15:12, 0:15:16]: property owners will say she shouldn't approve it, then the city recommended approval. [0:15:16, 0:15:17]: However, this [0:15:18, 0:15:20]: Property still remains vacant. [0:15:20, 0:15:22]: And this was three years ago, so it's not been built. [0:15:23, 0:15:25]: And now most recently. [0:15:26, 0:15:28]: Go back to this other slide again. [0:15:30, 0:15:32]: Oh so this was an eight four. [0:15:32, 0:15:32]: Uh [0:15:33, 0:15:33]: I look. [0:15:33, 0:15:35]: That was the 845 right here. [0:15:36, 0:15:38]: Now the 842 here. [0:15:38, 0:15:40]: This is the most recent one. [0:15:40, 0:15:42]: City approved this. [0:15:42, 0:15:43]: But it was [0:15:44, 0:15:44]: Um [0:15:45, 0:15:46]: Administrative [0:15:46, 0:15:48]: waiver because [0:15:48, 0:15:50]: The something about the topography. [0:15:51, 0:15:53]: So it's not not quite the same. [0:15:53, 0:15:57]: uh situation. So I was just looking at any instances of [0:15:58, 0:16:01]: where a reduction in rear yard setback was granted. [0:16:01, 0:16:06]: So that's what I was able to find and I had the I had planners at Henry County also. [0:16:06, 0:16:07]: Do some of this research. [0:16:08, 0:16:09]: Uh, for me. [0:16:11, 0:16:13]: Now uh variants I see yeah. [0:16:14, 0:16:16]: Trying to see if there's a way I can [0:16:16, 0:16:17]: Move this off the side. [0:16:18, 0:16:19]: Okay, so now [0:16:19, 0:16:20]: The [0:16:21, 0:16:26]: Zoning uh a code requires a list different criteria, seven criteria, in fact. [0:16:27, 0:16:32]: uh for gr the granting of a variance and all seven criteria must be met. [0:16:33, 0:16:34]: Um now this [0:16:34, 0:16:35]: Application came in. [0:16:36, 0:16:38]: Uh before uh [0:16:38, 0:16:41]: March fourteenth, so therefore it still complies with [0:16:42, 0:16:42]: Or [0:16:43, 0:16:50]: our most recent uh zoning code, not the one that was just adopted by city council two weeks ago on March fourteenth. [0:16:51, 0:16:54]: But anyway, um these are the criteria and I've [0:16:54, 0:16:56]: This is paraphrased. This is not exact words. [0:16:57, 0:17:02]: But uh it's a criterion number one, extraordinary and exceptional conditions must exist on the property. [0:17:03, 0:17:07]: compared to other properties in a district regarding its size, shape, or topography. [0:17:07, 0:17:10]: Well we've said there are no such uh extra uh [0:17:10, 0:17:11]: Conditions. [0:17:12, 0:17:15]: However, due to the garage policy, the property owners association [0:17:16, 0:17:21]: Uh it may be difficult to fit a home onto the lot without protruding into the rear yard setback, as I said. [0:17:22, 0:17:24]: Criterion number two. [0:17:24, 0:17:28]: A literal interpretation of zoning code would deprive the applicant of rights. [0:17:28, 0:17:29]: Which other [0:17:29, 0:17:31]: owners of properties enjoy. [0:17:31, 0:17:32]: Um [0:17:32, 0:17:33]: We're saying [0:17:33, 0:17:38]: He would not be devi deprived of any such rights. He could still build a home on the property. [0:17:39, 0:17:41]: But not be able to might not be able to build a [0:17:41, 0:17:44]: Free car garage or golf cart garage, which [0:17:44, 0:17:45]: Other homes. [0:17:45, 0:17:47]: In this uh district have. [0:17:47, 0:17:49]: Criterion number three. Um [0:17:50, 0:17:57]: Granting the applicant this variance would not confer upon him any special privileges which other property owners in this district do enjoy. [0:17:58, 0:17:59]: I I do not enjoy. [0:17:59, 0:18:00]: Uh [0:18:00, 0:18:01]: We're saying that um [0:18:02, 0:18:05]: granting him the variance for the original request of fifty feet. [0:18:06, 0:18:08]: Would give him a special pri privilege. [0:18:08, 0:18:11]: compared to other property owners on Beck Page Drive. [0:18:11, 0:18:14]: Um however his revised request [0:18:14, 0:18:16]: Reduce the rear yard set back to fifty feet. [0:18:17, 0:18:20]: Six to sixty five B would be more reasonable. [0:18:20, 0:18:21]: Since another property [0:18:22, 0:18:24]: On the street appears to have a setback of sixty two weeks. [0:18:25, 0:18:26]: Um [0:18:26, 0:18:27]: Yeah, the rest of the [0:18:27, 0:18:28]: Um [0:18:29, 0:18:29]: Okay. [0:18:29, 0:18:30]: On the wrong page here. [0:18:30, 0:18:32]: Okay, the rest of the criteria here. [0:18:34, 0:18:36]: I don't know why I keep getting this um [0:18:37, 0:18:38]: Okay, criteria number four. [0:18:39, 0:18:42]: The variance must be consistent with the purposes intent of the zoning code. [0:18:43, 0:18:46]: Musky be compatible with neighboring properties and must serve. [0:18:46, 0:18:47]: The public welfare. [0:18:48, 0:18:52]: Uh we're saying that um reduction in rear yard setback just in general. [0:18:52, 0:18:56]: is a legitimate reason for someone to request the variance. [0:18:56, 0:19:01]: Um, however, the original request to reduce it to only fifty feet would not be compatible. [0:19:01, 0:19:02]: With the neighboring properties. [0:19:03, 0:19:06]: Since most of the rear yard setbacks are seventy five feet. [0:19:06, 0:19:08]: Thus this would not serve the public welfare. [0:19:08, 0:19:11]: However, yet the applicant's revised request [0:19:11, 0:19:15]: Reduction of sixty five sixty five feet would be more reasonable. [0:19:15, 0:19:16]: As I said. [0:19:17, 0:19:18]: Criteria number five. [0:19:18, 0:19:23]: Um, extraordinary circumstances must not be the result of the applicant's actions. [0:19:24, 0:19:26]: We're saying that these circumstances are due. [0:19:26, 0:19:30]: To the applicant's wish to build a large home with multiple garages. [0:19:30, 0:19:32]: And uh A and B. [0:19:32, 0:19:34]: Due to the property owner's garage policy. [0:19:35, 0:19:35]: Uh [0:19:36, 0:19:40]: And we're saying, however, it's reasonable to expect large homes with multiple garages to exist. [0:19:41, 0:19:43]: within a country club community. [0:19:44, 0:19:46]: Criteria number six. [0:19:46, 0:19:47]: The [0:19:47, 0:19:52]: Request must be the minimum that is needed to allow the applicant to have a legal use of the land building or structures. [0:19:53, 0:19:53]: Um [0:19:53, 0:19:58]: We're saying the original request for reduction to only fifty feet is not the minimum relief. [0:19:59, 0:20:04]: But uh and he he could build a home though with just the s with sixty five foot yard setback. [0:20:05, 0:20:07]: And finally, crit criterion number seven. [0:20:08, 0:20:12]: Requested variants must not allow a type of use that is prohibited in this district. [0:20:12, 0:20:16]: Um apparance is not required to build a home. [0:20:16, 0:20:18]: However it's a reasonable to expect large homes. [0:20:19, 0:20:23]: uh with multiple garages to be built with within the country club community, as I said before. [0:20:24, 0:20:29]: So we have two conclusions. First, applicant has demonstrated that a variant [0:20:29, 0:20:32]: Covariance is needed in order to meet the regulations of the [0:20:32, 0:20:34]: Eagles Landing Property Owners Association. [0:20:35, 0:20:39]: And even if home were to be moved forward to the front yard property line, it would still encroach. [0:20:39, 0:20:41]: into the rave yard set back. [0:20:41, 0:20:42]: Um [0:20:42, 0:20:47]: Now rear entry is allowed, but this would require a longer driveway. [0:20:48, 0:20:50]: Which would mean a sharper turning radius, more pavement. [0:20:51, 0:20:54]: and little usable remaining land for backyard. [0:20:54, 0:20:56]: And second clue conclusion. [0:20:57, 0:20:59]: Applicant requ requested as [0:20:59, 0:21:00]: Agreed to [0:21:00, 0:21:07]: A revised variance request with a rear setback of 65 feet instead of the original request of 50 feet. [0:21:08, 0:21:11]: And this seems reasonable with compared to the other properties on the street. [0:21:12, 0:21:15]: And finally, uh recommendations. [0:21:15, 0:21:21]: Number one, first we recommend demi denial of applicant's original request to reduce the rear yard setback to fifty feet. [0:21:21, 0:21:23]: But we recommend approval. [0:21:23, 0:21:28]: Of the revised request to reduce the rear yard set back to sixty five feet with the following [0:21:28, 0:21:29]: Or [0:21:29, 0:21:30]: Zoning conditions. [0:21:31, 0:21:31]: Uh [0:21:32, 0:21:32]: First. [0:21:32, 0:21:36]: property shall be developed only in accordance with the site plan, which is similar [0:21:37, 0:21:39]: to the one that was submitted with the application. [0:21:39, 0:21:45]: Except that it shall be revised to show a rear yard setback of sixty five feet. Now in my staff report. [0:21:45, 0:21:46]: I have the full [0:21:47, 0:21:48]: Language of this uh [0:21:49, 0:21:50]: Of this [0:21:50, 0:21:51]: zoning condition right here. [0:21:52, 0:21:54]: Uh should I read that, Miss Johnson? [0:21:55, 0:21:56]: For the record. [0:21:57, 0:21:58]: Yeah, yeah. [0:21:58, 0:21:59]: I should. [0:21:59, 0:22:00]: Okay. [0:22:01, 0:22:02]: Let me see. [0:22:03, 0:22:04]: I should have that. [0:22:06, 0:22:06]: Here. [0:22:07, 0:22:08]: Okay. [0:22:09, 0:22:10]: That um [0:22:10, 0:22:12]: First zoning uh [0:22:12, 0:22:14]: Condition is is as [0:22:14, 0:22:16]: I'll read it as follows. [0:22:17, 0:22:20]: The property shall be developed only in accordance with a revised site plan. [0:22:21, 0:22:26]: Which is similar to the submitted one, which was prepared by Sibley Miller Surveying and Planning Incorporated. [0:22:27, 0:22:27]: On [0:22:28, 0:22:29]: ten, twenty nine, twenty one. [0:22:30, 0:22:33]: As job number L two oh two eleven forty seven. [0:22:34, 0:22:38]: And which was received on February seventh, twenty twenty two. [0:22:38, 0:22:42]: Which shows that the rear yard setback will be no greater than sixty five feet. [0:22:43, 0:22:45]: Said site plan may be conceptual only. [0:22:45, 0:22:49]: And it must meet or exceed the requirements of the current zoning code. [0:22:49, 0:22:50]: And these conditions [0:22:51, 0:22:54]: prior to the approval of a land disturbance permit. [0:22:54, 0:22:58]: If these recommended zoning conditions cause the approved site plan to be [0:22:58, 0:22:59]: Substantially different. [0:23:00, 0:23:04]: The applicant shall be required to complete the concept review procedure. [0:23:04, 0:23:07]: prior to applying for a land disturbance permit. [0:23:07, 0:23:10]: Unless it is otherwise noted herein. [0:23:10, 0:23:12]: Compliance with all conditions shall [0:23:13, 0:23:16]: That should say, shall be in place prior to the issuance of the first [0:23:17, 0:23:18]: Certificate of occupancy. [0:23:20, 0:23:20]: Okay. [0:23:21, 0:23:22]: So that was the first zoning condition. [0:23:23, 0:23:27]: Uh second one is the rear yard setback shall be no less than sixty-five feet. [0:23:28, 0:23:30]: Which shall be measured from the rear yard property line. [0:23:31, 0:23:32]: To the nearest point. [0:23:32, 0:23:35]: Of the proposed home, which is the pro principal structure. [0:23:36, 0:23:39]: Uh third one is the property shall be developed in accordance with [0:23:39, 0:23:43]: With all other stipulations of the Eagles Landing property owners. [0:23:43, 0:23:44]: Association. [0:23:45, 0:23:46]: And finally [0:23:46, 0:23:50]: The fourth zoning condition the property shall be developed in accordance with all other [0:23:51, 0:23:56]: stipulations of the of the approved plat for the Eagles Landing Subdivision Unit 11. [0:23:56, 0:23:58]: Are there any questions? [0:24:00, 0:24:01]: None that I have. [0:24:04, 0:24:05]: Anyone have any questions? [0:24:07, 0:24:09]: None for me, Mr. Chairman. [0:24:09, 0:24:11]: No, sir. No questions. [0:24:11, 0:24:21]: Mr. Chairman, I do uh have a c a question. All right, Mr Dumas. The the agenda as I recall it. [0:24:22, 0:24:24]: It's asking us to vote. [0:24:26, 0:24:27]: On the there, yes. [0:24:28, 0:24:30]: For a fifty foot setback. [0:24:32, 0:24:47]: And I understand from listening and reading the correspondence that the there has been a revised request submitted that allows for a sixty-five foot setback, which does not appear on the agenda. [0:24:48, 0:24:51]: And I'm I'm a little confused as to what are we gonna be voting on. [0:24:53, 0:24:56]: Are we voting on the original or the revised? [0:24:57, 0:25:02]: I believe we're voting on a revived because there's been a compromise. [0:25:02, 0:25:10]: That's not what it says on the agenda though. That's that's that's my only concern. The the agenda was prepared in shortly after. [0:25:11, 0:25:13]: The applicant submit his application and then he [0:25:14, 0:25:16]: Submitted um revised request later. [0:25:20, 0:25:22]: We'll see if I can pull that pull up the letter that [0:25:22, 0:25:24]: He submitted to us. [0:25:25, 0:25:29]: And uh Mr. Dunis, if I may, while while Linda's pulling that up. [0:25:29, 0:25:49]: Um you're correct. The original request was to have a um 75 to 50 foot reduction, 75 feet to 50 feet. Um working with the applicant, um they had determined that they can [0:25:49, 0:25:50]: Mm. [0:25:50, 0:26:06]: bring the, you know, change the the parameters of the lot for the building in order to have ask for a lesser variance than the uh 15 feet that they are originally asking for in reduction. Now they're asking only for 10 feet. [0:26:07, 0:26:10]: I understand that. I my only concern [0:26:13, 0:26:25]: And this is just procedural, I I I imagine the the the agenda doesn't reflect what we and we just voted to approve the agenda. It's not reflective of what we actually getting ready to do. [0:26:25, 0:26:30]: But this was this is what was advertised in the newspaper. So we we can't change that. [0:26:31, 0:26:33]: So with that. [0:26:34, 0:26:38]: You all are making a decision based on the original request. [0:26:38, 0:26:41]: and to include the information that [0:26:41, 0:26:49]: what the applicant understands to be a hardship and to be the minimum variance he can ask for to build this home. [0:26:50, 0:26:56]: is what the uh staff is stating we would recommend approval for. [0:26:58, 0:27:00]: And here is the revised letter. [0:27:05, 0:27:09]: You want me to read that? Does that clear up clear up your um question, Mr. Dumas? [0:27:11, 0:27:16]: It it it does it it it does I I I guess you know. [0:27:16, 0:27:29]: Procedurally, I'm just not I'm a little uncomfortable with it not being, I mean, if if the revised request is what we're going to be taking action on, it seems to me that should have been put on the agenda. [0:27:31, 0:27:51]: Understood, however, the original request was for 75 to 50 feet. Uh, because this is a public hearing, the applicant you can't allow the applicant time to present his case in the matter um for any clarification and ask um him any questions and then open it up for. [0:27:51, 0:27:55]: discussion and then subsequently the public hearing and a vote. [0:27:56, 0:28:00]: And we actually have had this situation before with other cases. [0:28:00, 0:28:02]: Last year the Brandon Road subdivision. [0:28:02, 0:28:04]: Had a similar situation. [0:28:05, 0:28:05]: Which uh um [0:28:06, 0:28:07]: Developer revises request. [0:28:08, 0:28:10]: Upon uh staff recommendation. [0:28:12, 0:28:14]: This is Dave Planchon, Mr. Chairman. [0:28:15, 0:28:16]: Um Go ahead, Mr. Flash. [0:28:17, 0:28:20]: Does the item number on the agenda [0:28:20, 0:28:21]: Change. [0:28:22, 0:28:28]: Because we received a revised plan or does it maintain that same item number? [0:28:28, 0:28:30]: To be really long. [0:28:31, 0:28:34]: I believe it maintained the same item number, just an amendment to that uh [0:28:35, 0:28:37]: particular application. Now I read in the letters [0:28:38, 0:28:40]: And the correspondence that they had agreed to [0:28:41, 0:28:43]: But they had originally wanted fifty feet. [0:28:44, 0:28:46]: Yeah, mining it to sixty five feet. [0:28:47, 0:28:53]: which was more in compliance with the uh other properties in the area, where they have 60 and 62 feet. [0:28:54, 0:28:57]: And so the variance is really not out of. [0:28:57, 0:29:08]: out out of line because you have other variants there already that are not meeting the 75 foot setback requirement and there has been an amendment to that. In addition that Eagles Landing accepted that. [0:29:08, 0:29:10]: as being sixty five feet. [0:29:11, 0:29:17]: And so I believe what we're voting on is the amended application uh for setback of sixty five feet. [0:29:20, 0:29:24]: I may be wrong, but that's what I think. That's my understanding. [0:29:24, 0:29:25]: Yeah. [0:29:25, 0:29:29]: Well, you're actually voting on on both. You're voting on whether to [0:29:29, 0:29:34]: To grant the original request, which we recommend denial of. [0:29:34, 0:29:35]: And then we're [0:29:36, 0:29:37]: Then we then here on this [0:29:38, 0:29:39]: I have on my screen. [0:29:39, 0:29:40]: Uh [0:29:40, 0:29:43]: The applicant's revise request, so you're voting on that too. [0:29:44, 0:29:45]: Well wait a minute now. [0:29:46, 0:29:50]: You originally denied it. Wait, wait. You originally denied it because they wanted 50 feet. [0:29:50, 0:29:56]: Correct. We didn't deny. We recommended deny. You recommended denial because it's 50 feet. [0:29:56, 0:30:00]: Then they came back with 65 feet and you approved it, correct? [0:30:00, 0:30:02]: We recommend approval. [0:30:02, 0:30:04]: You recommend approval for the sixty five feet. [0:30:05, 0:30:11]: And so they got the amendment in. So we're actually voting on the 65 feet and the 50 feet has nothing to do with it. [0:30:13, 0:30:21]: Correct? Because you already said you recommended against that. So we're actually voting we're actually voting on the 65 feet setback requirement. [0:30:22, 0:30:33]: Mr. Chairman, this is Mr. Dumas again. I may be wrong, but based on what I'm hearing, it appears to me that we probably should vote on both the original and the amended. [0:30:35, 0:30:42]: So you want to vote to deny the original and then a vote to I'm not I'm not suggesting how we should vote. I'm saying [0:30:42, 0:30:48]: That we should address both of them. It it seems confusing to me. [0:30:48, 0:30:52]: The way the way the d you're articulating it. [0:30:52, 0:31:02]: It seems confusing to me. Well, I think it might help if I were to read into the record the uh applicant's revised request, which I have on my screen, number one. [0:31:02, 0:31:03]: And number two. [0:31:03, 0:31:05]: There's supposed to be a public hearing. [0:31:05, 0:31:07]: before any vote takes place. [0:31:09, 0:31:10]: You go here, Ms. Logan. [0:31:11, 0:31:13]: Okay, so I'm reading the um [0:31:13, 0:31:15]: Applicants revised. [0:31:15, 0:31:16]: Letter. [0:31:16, 0:31:20]: That we received it has a date of March sixteenth, twenty twenty two. [0:31:21, 0:31:26]: To whom it may concern, subject seven two seven Beth Page Drive Setback Variance. [0:31:26, 0:31:31]: My name is Nitesh Patel and I'm the owner of 727 Beth Page Drive. [0:31:31, 0:31:33]: McDonald, Georgia, three oh two five three. [0:31:34, 0:31:36]: I'm planning to build our dream home on this lot. [0:31:37, 0:31:38]: In Eagles Land and Country Club. [0:31:38, 0:31:41]: Majority of the lots and the subdivision lots. [0:31:41, 0:31:45]: Has fifty foot set fifty foot setbacks, rear setbacks. [0:31:45, 0:31:49]: With the exception of some on golf course that has seventy five feet. [0:31:50, 0:31:53]: My builder Faisal Suparawala. [0:31:53, 0:31:55]: Газ біл североїзнес неборгод. [0:31:55, 0:31:57]: And was able to get a rear setback. [0:31:58, 0:31:59]: variance reduced to fifty feet. [0:32:00, 0:32:02]: A number of properties in the neighborhood. [0:32:02, 0:32:05]: As long as you get golf club approval. [0:32:05, 0:32:10]: We have the approvals from the golf course and from HOA of Equals Landing. [0:32:10, 0:32:13]: We have also provided the addresses where variances were obtained. [0:32:14, 0:32:18]: According to Eagles Landing HOA building guidelines already submitted. [0:32:18, 0:32:21]: We cannot have a front entry garage. [0:32:21, 0:32:25]: In the subdivision and then and that's why we had to build a side yard. [0:32:25, 0:32:28]: A side entry courtyard garage to fit on his lot. [0:32:29, 0:32:33]: By doing this, the house footprint will not fit within the setbacks in place. [0:32:34, 0:32:35]: That's why we are requesting [0:32:36, 0:32:38]: A reduction in rear setbacks to fifty feet. [0:32:39, 0:32:44]: However, if for any reason the board is not able to reduce to 50 feet, we will be fine. [0:32:44, 0:32:47]: With a reduction to a minimum sixty five feet. [0:32:48, 0:32:50]: This will allow us to fit the house. [0:32:50, 0:32:52]: with the current plans on to it as luck. [0:32:53, 0:32:56]: I have spent thousands of dollars with engineers and architects. [0:32:56, 0:32:58]: And over four months of time. [0:32:59, 0:33:03]: I've complied with everything the city P Z planning and zoning department asked for. [0:33:03, 0:33:06]: I hope the board consider our simple request. [0:33:06, 0:33:09]: So that we can be on our way of getting this house built. [0:33:10, 0:33:12]: Please don't hesitate to call me. [0:33:12, 0:33:14]: If you have any questions. [0:33:14, 0:33:17]: Four seven eight three three five one four [0:33:17, 0:33:18]: two seven. [0:33:20, 0:33:21]: Okay. [0:33:21, 0:33:23]: And it's sincerely Natash. [0:33:23, 0:33:24]: Patel. [0:33:24, 0:33:26]: And it has a s his signature. [0:33:26, 0:33:37]: Mr. Chairman, this is Dave Planchon. It sounds like he wants us to vote on both, whether or not we will allow him the fifty foot. And if not, then will we allow him the sixty-five? [0:33:38, 0:33:39]: Okay. [0:33:40, 0:33:48]: That's correct. That's correct. Okay. But this is a public hearing, so we will need to um open it up for it for that portion. [0:33:48, 0:33:49]: If you all are ready. [0:33:50, 0:33:52]: All right, open it up for public hearing. [0:33:57, 0:34:06]: We'll need to address those who are in opposition of the request and those in favor and each side gets time to respond. [0:34:10, 0:34:11]: Um [0:34:11, 0:34:15]: Yeah, go ahead. Uh I'm fine for Safariola. [0:34:17, 0:34:19]: Can you guys hear me? [0:34:21, 0:34:28]: Chairman, if I may, um, do you before you call for the public hearing, would you like to hear from the applicants? [0:34:28, 0:34:31]: Sure we hear from at this at this time. [0:34:31, 0:34:35]: I think he's that that uh he's the developer, he's not the applicant, but go ahead. [0:34:38, 0:34:42]: He's applied on behalf of the of the owner. Okay. Mr. Fess. [0:34:42, 0:34:45]: Yes, sir. Um again Pfizer's probably all I am. [0:34:46, 0:34:57]: Nine hundred for the pines, uh McDonald, Georgia is within the city of Five Residents of my residence. Um as uh you know we've we've been going back and forth. [0:34:58, 0:35:00]: Logan and she's been very helpful with [0:35:01, 0:35:05]: Azil, I'm sorry, we can we can barely hear you. [0:35:05, 0:35:06]: Speaker up into the mic, please. [0:35:07, 0:35:08]: Can you can you guys hear me? [0:35:09, 0:35:10]: Yes. [0:35:11, 0:35:19]: Yeah, I'm sorry. Uh so I am uh I am a builder developer, resident builder over here in Eaglesign and Country Club, built several homes. Um [0:35:20, 0:35:21]: And uh [0:35:21, 0:35:23]: This is the issue we run into uh [0:35:24, 0:35:27]: Several times with the property on the golf course. [0:35:27, 0:35:27]: Um [0:35:28, 0:35:30]: There are about eight hundred properties in this neighborhood. [0:35:30, 0:35:31]: Out of which [0:35:32, 0:35:32]: Yeah. [0:35:32, 0:35:34]: Maybe um [0:35:34, 0:35:37]: hundred are on golf course and other seven hundred they are on [0:35:38, 0:35:40]: non golf cour non golf coast properties. [0:35:41, 0:35:43]: So the setbacks on those are fifty foot. [0:35:43, 0:35:44]: Except for the [0:35:45, 0:35:46]: the the golf course ones. Um [0:35:47, 0:35:51]: And after talking to the the city several times. [0:35:51, 0:35:54]: But looking at a request, you know, they [0:35:55, 0:35:58]: They they they recommended us that seventy five foot [0:35:58, 0:36:00]: To fifty foot would be [0:36:00, 0:36:08]: would be uh not possible to get at this time. And um if if it was any other way that we could do this. So [0:36:09, 0:36:12]: That's why we are here. We are able to do this. [0:36:12, 0:36:23]: at a you know um we talked to our engineers and it's like we're gonna need minimum of sixty five foot to to get uh the this house that you know with the with this garage in there. [0:36:23, 0:36:25]: So that's why um [0:36:25, 0:36:27]: Questing um [0:36:27, 0:36:30]: If any of you have any uh [0:36:31, 0:36:34]: uh questions I'm here to answer on behalf of Mr. Patel. [0:36:36, 0:36:37]: I have a question for you. [0:36:37, 0:36:42]: Yes, sir. Did you build the other two houses with the uh setback variances? [0:36:42, 0:36:48]: Uh I built three oh six Broadmoor. Uh that was in the county. Uh that's [0:36:48, 0:36:50]: It was on the paper but [0:36:50, 0:36:57]: We couldn't see that uh map on the on the map. Uh eight forty five Coghill. I'm the one who got the variance, but [0:36:57, 0:36:57]: Um [0:36:58, 0:37:00]: Right after right after we did that. [0:37:00, 0:37:05]: the COVID happened and the seller of the the owner of the property decided not to build. [0:37:06, 0:37:10]: The other two properties, they do not abut the uh golf course at all, do they? [0:37:11, 0:37:12]: They do, both of them they do, yes sir. [0:37:13, 0:37:14]: Both of them are butcher golf course. [0:37:14, 0:37:15]: Yes, sir. [0:37:15, 0:37:16]: Okay. [0:37:16, 0:37:30]: It's one is Cog Hill, 845 Cog Hill, which is just one street. Actually is on the other side of the golf course. If you look at that picture that she was showing earlier with the plat where our subject property is, there's a golf course right behind it. [0:37:31, 0:37:34]: And the street right behind the golf course, that's yeah, so [0:37:34, 0:37:36]: That's Cog Hill on that side. [0:37:37, 0:37:40]: This is Cog Hill here, going between these two arts. [0:37:41, 0:37:41]: Zacog Hill. [0:37:42, 0:37:44]: And yeah, it actually intersects with [0:37:44, 0:37:47]: This is Beth Page Drive, so they they they intersect. [0:37:47, 0:37:56]: Yeah. And and Broadmoor is to the north on the other side of that property. Up here. Yeah. Other side of the scope. Yeah, where the cur where the cursor is, that's the other property. [0:37:56, 0:37:58]: But her cursor, yeah, right there. [0:37:58, 0:37:59]: That's the three oh six problem. [0:38:00, 0:38:01]: They're all on the hospital. [0:38:02, 0:38:08]: We were able to, I mean, you know, make our case and get fifty foot setbacks on both of those. [0:38:12, 0:38:14]: Okay, I don't have any further questions. [0:38:14, 0:38:16]: Anyone else have any questions? [0:38:21, 0:38:23]: This is Dave Planchin. Mr. Chairman, I do [0:38:26, 0:38:28]: For the builder, the FIZAL. [0:38:29, 0:38:32]: Are you going to present another building plan? [0:38:34, 0:38:36]: Sure, the the the building plan stays the same. [0:38:37, 0:38:43]: Uh that's why we are doing all this. Um the owner spent about almost twenty thousand dollars making this building plan. [0:38:43, 0:38:45]: and stays um [0:38:46, 0:38:46]: The [0:38:46, 0:38:57]: If uh the board approves that sixty-five foot setback, we would just, you know, that's one of the conditions, Miss Linda Johnson, uh Ms. Linda uh said. [0:38:57, 0:39:01]: That we just have to change the site plan asking for [0:39:02, 0:39:04]: sixty five instead of [0:39:04, 0:39:05]: Fifty. [0:39:07, 0:39:09]: Okay, the site plan that I saw. [0:39:10, 0:39:14]: showed a front entrance garage which we know is not a not [0:39:14, 0:39:17]: Hmm, no, actually it's no no. [0:39:18, 0:39:19]: As a side entry garage, sir. [0:39:20, 0:39:20]: To the right. [0:39:21, 0:39:25]: It sits out as if it's a front end drive drive right here. [0:39:25, 0:39:26]: And the entrance. [0:39:27, 0:39:30]: This way. So you have to make this turn to come into the garage. [0:39:31, 0:39:33]: On it. Okay. Okay. Okay. [0:39:36, 0:39:39]: So that is a side entrance. Okay. Thank you. [0:39:44, 0:39:45]: Any other questions? [0:39:47, 0:39:49]: I guess we'll open up to a public uh [0:39:51, 0:39:52]: Response. [0:39:54, 0:39:55]: Ms. Johnson? [0:39:56, 0:40:15]: Um, so I do not see any questions or raised hands uh from the public at this time. I believe we have two. Um, well, I do have one raised hand now. Um, Ms. Charlene Nichols, if you would um state your name and your address for the record and your request. [0:40:20, 0:40:21]: Believe she's muted. [0:40:22, 0:40:30]: She is uh if you unmute and Robert, if you wouldn't mind making Ms. Nichols a panelist to ask her question. [0:40:37, 0:40:38]: And whoa. [0:40:38, 0:40:43]: What we'll do, Miss Charlene. I think she dropped off, but if she does jump back on, um we'll [0:40:44, 0:40:48]: uh give her an opportunity to speak if we haven't concluded the matter. [0:40:49, 0:40:50]: Should be back against it. [0:40:52, 0:40:54]: Pardon me? Well what was that? [0:40:57, 0:40:58]: She'll be back in just a second. [0:40:59, 0:40:59]: Okay. [0:41:01, 0:41:01]: Can be [0:41:10, 0:41:28]: But as of right now, um we did have just Miss Charlene, who's the other person that wants to speak. Um and I'm not sure if it's in favor or or opposing the request. So we'll if you do want to give her that time to get back on, um chairman. [0:41:28, 0:41:29]: Yeah. [0:41:41, 0:41:47]: Okay, so Ms. Nichols is a panelist. Looks like she's a panelist on here and [0:41:47, 0:41:52]: Ms. Nichols, if you would like to speak, please state your name, your address. [0:41:52, 0:41:55]: And whether you're in favor or in opposition of the [0:41:56, 0:41:58]: of the proposed variants. [0:42:15, 0:42:17]: Okay. Is she there? [0:42:18, 0:42:24]: She's here, but I don't think she's able to speak. Ms. Nichols, if you wouldn't mind, if you will write in the chat. [0:42:25, 0:42:27]: And then we can address we can address your matter. [0:42:28, 0:42:29]: Um [0:42:31, 0:42:31]: Mm. [0:42:39, 0:42:48]: Chairman, I guess it at this point we can ask, if you wouldn't mind, we can ask for those, if there's anyone who would like to speak in favor of this request. [0:42:52, 0:42:57]: Is there anyone present who would like to speak in favor of uh the proposed uh variant? [0:43:03, 0:43:06]: Okay, I don't see anything in the QA. [0:43:07, 0:43:09]: And I do not see. [0:43:10, 0:43:12]: A raised hand at this time. [0:43:14, 0:43:18]: And if you wouldn't mind calling for those who would like to speak in opposition. [0:43:18, 0:43:19]: Other request? [0:43:20, 0:43:24]: Uh those parties have an uh position in opposition of the variants. [0:43:24, 0:43:28]: Kindly step forward, speak, give your name, address. [0:43:33, 0:43:34]: Hi. [0:43:34, 0:43:36]: At this time. [0:43:37, 0:43:40]: And give me one more moment. I'm gonna take a look. [0:43:45, 0:43:51]: I do not have any other questions or raised hands at this time. [0:43:52, 0:43:58]: We have we have no one at this time to speak in opposition or in favor of the request. [0:44:03, 0:44:07]: Hearing none, the the uh commission will take a vote on the variance. [0:44:08, 0:44:10]: Uh uh was there any chat come in yet? [0:44:12, 0:44:13]: Nothing is coming at this time. [0:44:14, 0:44:14]: Okay. [0:44:15, 0:44:21]: But we have no we have no one to speak in favor or opposition at this time. Okay, Ms. Nichols. Ms. Nichols is on. [0:44:22, 0:44:31]: Ms. Nichols, if you unmute your mic and tell us your name and your address for the record and whether you are in favor or opposed to the variance. [0:44:41, 0:44:42]: There may be some. [0:44:44, 0:44:45]: Technical difficulties. [0:44:49, 0:44:49]: [2695.9, 2697.2]: Oh her mic is muted. [0:44:58, 0:45:03]: Ms. Nichols, if you unmute your mic and I've asked, I've sent a request for you to unmute. [0:45:10, 0:45:11]: Mm-hmm. [0:45:14, 0:45:25]: Okay, I think there's some technical technical difficulties there. Um is up to you, Chairman, if you would like to offer any additional time to Ms. Nichols. [0:45:25, 0:45:34]: Otherwise um we would be able to move forward with with the vote. I I believe we should move forward with this. Uh yeah we [0:45:34, 0:45:40]: Pardon me, um, this is Dave Planchon. We have two other raised hands of Charlene Nichols. [0:45:40, 0:45:42]: And the Gordon Linton [0:45:42, 0:45:50]: And Gordon Linton is one of our staff members. Uh Gordon, do you have information from Ms. Nichols in regards to this matter? [0:45:50, 0:45:59]: Yes. So she's she she's she's having technical issues and she says that it's not working. Like I'm corresponding with her right now. [0:45:59, 0:46:00]: Okay. [0:46:00, 0:46:06]: Does she would she like to offer whether she is in support or in opposition of the variance request? [0:46:07, 0:46:10]: She is in opposition of their variance request. [0:46:10, 0:46:13]: Okay, she needs to stay provide her name. [0:46:13, 0:46:16]: And her address for the record. [0:46:18, 0:46:19]: Okay. [0:46:24, 0:46:24]: Oh [0:46:25, 0:46:30]: She says she's she's she's n actually she's not in opposition. She just has some questions. [0:46:32, 0:46:32]: Okay. [0:46:33, 0:46:36]: If she can correspond with you on those questions. [0:46:37, 0:46:38]: Or maybe a phone call. [0:46:42, 0:46:43]: Mm. [0:46:44, 0:46:48]: She's she asks how how will this affect the neighbors? [0:46:48, 0:46:58]: So what we'll need to do, uh Gordon, she will need to provide her full name and her address for the record. We would have to have that first to verify that she is a stockers resident. [0:46:59, 0:46:59]: Okay. [0:47:10, 0:47:10]: Mm. [0:47:10, 0:47:14]: Sept seven thirty three Beth Page Drive. [0:47:14, 0:47:19]: Thank you so much. 733 Beth Page Drive is Charlene Nichols. [0:47:21, 0:47:22]: Mm. [0:47:22, 0:47:26]: Okay, so she is not opposed, but she has questions. [0:47:26, 0:47:27]: Her question is [0:47:29, 0:47:33]: She said well, actually she's saying that's her assistant. Um [0:47:33, 0:47:35]: That's her assistant. [0:47:36, 0:47:39]: Um she's actually texting me right. Her name is Leona Shaw. [0:47:43, 0:47:43]: Okay. [0:47:44, 0:47:45]: And what is the question? [0:47:46, 0:47:50]: She asked she had a question about how will this affect neighbors? [0:47:52, 0:47:53]: That's that's her question. [0:47:54, 0:48:11]: Okay. Um chairman, you can give the um the applicant the ability to respond. Um it's it's a pretty broad question, but um if there are any specifics for them, that'd be appreciative if that can be shared. Otherwise. [0:48:11, 0:48:15]: Chairman, you can give the applicant an opportunity to respond to that question. [0:48:15, 0:48:16]: Yeah. [0:48:17, 0:48:19]: I'm sorry. Um she said it in terms of the view. [0:48:20, 0:48:23]: how this affect the neighbors in terms of the view. That's her question. [0:48:26, 0:48:33]: Excuse me, I have verified that the address of seven thirty three Beth Page Drive is located in Stockford City Limit. [0:48:35, 0:48:38]: Will you have Mr. Fizer address that issue that the um [0:48:39, 0:48:40]: Public has raised. [0:48:41, 0:48:42]: Yes. I mean that [0:48:43, 0:48:49]: The question is how is it gonna affect the view? Uh I don't know what view [0:48:50, 0:48:57]: She's talking about because this particular look sounds like this is the neighbor, the waking property. There's not a [0:48:57, 0:48:58]: There's not a house on it. [0:48:59, 0:49:00]: It's a vacant property. [0:49:01, 0:49:02]: And um [0:49:03, 0:49:07]: The view is in the backyard to the golf course. It does not affect that at all. [0:49:08, 0:49:09]: The diss. [0:49:09, 0:49:10]: Um [0:49:11, 0:49:13]: with this with this variance request. [0:49:13, 0:49:20]: So you're saying that because it's a real setback uh adjustment uh variance and it's facing the golf course. [0:49:20, 0:49:27]: It would not affect the public or any adjoining property owners view, correct? Correct correct. They'll still have their own view. [0:49:27, 0:49:29]: Whatever they see from the backyard. [0:49:29, 0:49:30]: [2970.6, 2973.2]: obstructing their backyard. We're just going in. [0:49:33, 0:49:33]: Cool. [0:49:34, 0:49:35]: Our backyard. [0:49:35, 0:49:36]: You're not obstructing their view. [0:49:37, 0:49:37]: No. [0:49:38, 0:49:42]: Correct. All right. You might mean the view from the backyard looking sideways. [0:49:43, 0:49:43]: Um [0:49:44, 0:49:51]: Well she's gonna hide. I don't know that we can verify that at this at this point since we had have to have to verify um [0:49:51, 0:50:11]: what location this is. And if the lot is currently wooded, the effect would be it would no longer be wooded and it would be built. It would be developed. And I have I have a little objection. I don't know if she qualifies to be a Stockbridge resident. It's a it's just an empty lot. She's not a resident. It's just a lot. [0:50:14, 0:50:22]: Okay. Well we have her question and her and the answer, uh Chairman. Are you ready to move forward with the vote? Yes, I am. [0:50:22, 0:50:23]: Okay. [0:50:23, 0:50:28]: Mr. Chairman, uh this is Mr. Dumas, please, before we take the vote. [0:50:29, 0:50:32]: I would just I just have a comment that I'd like to make. [0:50:33, 0:50:33]: Sure. [0:50:34, 0:50:34]: Um [0:50:36, 0:50:39]: And you guys have heard me say this many times. It's rare that I will. [0:50:41, 0:50:43]: Go against the recommendation of staff. [0:50:45, 0:50:47]: But but in this particular case. [0:50:48, 0:50:50]: Oh with four is the [0:50:50, 0:50:52]: The original variance request. [0:50:53, 0:50:53]: [3053.7, 3055.9]: Uh I'm inclined to [0:50:56, 0:50:59]: disagree with staff on this issue. [0:50:59, 0:51:00]: For several reasons. [0:51:01, 0:51:02]: Mainly of optics. [0:51:03, 0:51:04]: Because [0:51:06, 0:51:09]: We entertain this body, this this commission. [0:51:09, 0:51:12]: In February two thousand nineteen. [0:51:12, 0:51:15]: We entertain a very similar [0:51:16, 0:51:17]: Various requests. [0:51:19, 0:51:20]: In the same subdivision. [0:51:21, 0:51:22]: Same agent. [0:51:23, 0:51:26]: Same a variance request in terms of footage. [0:51:27, 0:51:30]: And this body voted unanimously to approve it. [0:51:32, 0:51:36]: And it went to city council in March of two twenty nineteen. [0:51:36, 0:51:38]: And they approved it also. [0:51:41, 0:51:47]: And I'm just concerned. I don't think there's a right or wrong answer. I'm not debating fifty versus sixty-five. [0:51:48, 0:51:51]: But I am concerned of about consistency. [0:51:53, 0:51:57]: When a person come before this body or this city. [0:51:59, 0:52:02]: with very similar requests at two different intervals. [0:52:03, 0:52:05]: and they get two different results. [0:52:05, 0:52:06]: To me that's problematic. [0:52:10, 0:52:12]: I I think from a consistency standpoint. [0:52:14, 0:52:15]: That we should [0:52:17, 0:52:22]: uh treat this uh various requests the same way we treated the one in 2019. [0:52:23, 0:52:33]: And one but you're supposed to just I'm sorry. In a variant request in 2019, what was the variance from 60 or 62 feet? 75 to 50. [0:52:34, 0:52:40]: Seventy five to fifty. Yes, it was a golf course lot. It's one street over from this one. [0:52:40, 0:52:41]: And we granted it. [0:52:42, 0:52:47]: That was an 845 Cog Hill. The Homeowners Association didn't have a problem with it. [0:52:48, 0:52:50]: Just like they don't have a problem with this one. [0:52:51, 0:52:52]: And [0:52:52, 0:52:53]: I think [0:52:54, 0:52:56]: In my opinion, we should be consistent. [0:52:59, 0:53:00]: For the sake of [0:53:02, 0:53:08]: treating treating his people this you know the same way with very similar situation. [0:53:08, 0:53:12]: Okay, you know, with with with with zoning is always interesting because [0:53:13, 0:53:15]: Everybody comes up with a with a variance. [0:53:16, 0:53:17]: Um [0:53:17, 0:53:18]: The variance [0:53:18, 0:53:21]: that's closest to this is almost across the street from them. [0:53:23, 0:53:26]: They got a variance to sixty feet or sixty-two feet. [0:53:27, 0:53:34]: Here they're asking for 65. So that is really consistent with what's been going on. Now the fact that somebody got a 50 foot variance. [0:53:35, 0:53:39]: And if I'm not mistaken, isn't that out of the uh the this that's in Henry County? [0:53:39, 0:53:48]: No. Not in not in Stockbridge. No, no. The one that we voted on in 19 was in Stockbridge. The Stockbridge? Which is why we voted on it. [0:53:48, 0:53:51]: It wouldn't have come before us if were it not. [0:53:51, 0:53:54]: No, I thought he said earlier that they have approved one. [0:53:54, 0:54:03]: That was in Henry County, something I'm not even addressing that one. Yeah. When I mentioned the word consistency, I'm not talking about [0:54:03, 0:54:15]: Stockbridge versus Henry County. I'm talking about consistency in how we treat the same person with a very similar set of circumstances, set of facts. [0:54:16, 0:54:24]: I I just don't feel like you a person should come before this body in that with that scenario and get two different results. [0:54:25, 0:54:27]: It it it's that's problematic to me. [0:54:29, 0:54:31]: Mr. Chairman, this is Dave Planchon. [0:54:31, 0:54:32]: Go ahead. [0:54:32, 0:54:35]: Uh, my comment on this matter is. [0:54:35, 0:54:38]: The property owner has given us a choice. [0:54:39, 0:54:43]: to either approve a fifty foot or a sixty five foot. [0:54:44, 0:54:48]: I don't think there's any conflict with what was done in nineteen. [0:54:48, 0:54:51]: It wasn't stated whether the twenty nineteen [0:54:51, 0:54:54]: Variants offered a choice or not. [0:54:55, 0:54:57]: And this body approved the fifty foot. [0:54:57, 0:54:59]: But this in this case. [0:55:00, 0:55:02]: The owner has given us a choice. [0:55:03, 0:55:08]: So I think that's the direction we need to look at is choosing one of his options. [0:55:10, 0:55:11]: Okay. [0:55:13, 0:55:14]: Uh [0:55:15, 0:55:16]: Anyone else have any comments? [0:55:19, 0:55:22]: All right, then then we'll uh I'm asking for a vote. [0:55:23, 0:55:27]: on the fifty foot versus the sixty-five foot. That'll be the original application. [0:55:28, 0:55:29]: Versus the amended application. [0:55:30, 0:55:36]: Mr. Chairman, I'd like to offer a motion to approve the original variance request. [0:55:37, 0:55:39]: From seven to five to fifty feet. [0:55:40, 0:55:45]: Okay. That there's uh all those in favor, let it be known by sign of I. [0:55:45, 0:55:47]: Need a second first. Well, I'm sorry, second. [0:55:48, 0:55:49]: I'm second it. [0:55:49, 0:55:50]: You second it. [0:55:50, 0:55:54]: Okay. It's been moved in second, it's hell tip, though. [0:55:54, 0:56:00]: that uh the applicant be granted a 50-foot um variant. [0:56:01, 0:56:01]: Set bag. [0:56:02, 0:56:05]: All those in favor let it be known by Santa Bye. [0:56:06, 0:56:06]: Bye. [0:56:06, 0:56:07]: Uh [0:56:09, 0:56:10]: Those opposed? [0:56:11, 0:56:12]: Those opposed? [0:56:14, 0:56:15]: Hearing none. [0:56:15, 0:56:17]: The fifty foot variance is granted. [0:56:18, 0:56:19]: Was that your name on the boat? [0:56:20, 0:56:20]: Pardon me. [0:56:21, 0:56:22]: Was that a unanimous vote? [0:56:22, 0:56:23]: Yeah. [0:56:23, 0:56:24]: It was [0:56:24, 0:56:25]: Oh, you know, well. [0:56:27, 0:56:28]: Thank you, Chairman. [0:56:28, 0:56:30]: Okay. Thank you, um commissioners. [0:56:35, 0:56:52]: So our next item are project updates. Correct. I want to just say thank you to the Planning Commission for those of you who were able to attend the groundbreaking ceremony for the Argento at Bridges Jotaco. [0:56:53, 0:57:06]: Um, if you were not able to come and it was a it was a cold, damp morning. So if you weren't able to make it out, no worries. Uh I know Ms. Nelson uh was able to come out. And if I did not see you, oh no, Chairman Doole, you were there as well. [0:57:07, 0:57:12]: And I'm not sure if I saw anyone else, but if I if I didn't, please forgive me. [0:57:12, 0:57:24]: Um, I would love to set up a time to meet you out on site so that you can, if the developers are available, meet the developers, learn a little bit about the project. [0:57:24, 0:57:44]: And we'd be more familiarized with the new development that's going on throughout the city. So thank you again for that. Next, I wanted to address the UDC, the unified development code that this board sent through to the city council in October was adopted by [0:57:44, 0:57:46]: by the council on March fourteenth. [0:57:47, 0:58:04]: So kudos to this board for your dedication and diligence in reviewing the document and providing your questions, comments, and concerns, and for pushing this forward. The code allows for us to have a little bit more uh [0:58:05, 0:58:18]: control or or you know input on design detail, but also allows the developer additional design flexibility. We wanted to find a way to combine the two, and I think we have. [0:58:20, 0:58:26]: Furthermore, our zoning map and overlay district maps were also adopted. [0:58:26, 0:58:38]: We have a consultant we are working with who will be creating a digital map for our zoning map and our overlay district, and we'll have some other information available as well. [0:58:38, 0:58:45]: So please keep your eyes uh uh open for those. I'll send you emails to keep you up to date on that. [0:58:46, 0:58:59]: And it also will help our customers be able to identify property quickly instead of looking at the static map that we currently have. So uh I'll keep you guys posted on that. [0:59:01, 0:59:21]: Last but not least, the mayor will be uh available for a session at the South Metro Development Outlook Conference that is coming up next week. I believe that is going to be next Tuesday at the Georgia International Conference Center. [0:59:21, 0:59:21]: Yeah. [0:59:22, 0:59:25]: So if you are interested in attending, it starts at 7 a.m. [0:59:26, 0:59:28]: ends about two o clock or two thirty. [0:59:29, 0:59:33]: Um so we'll address address that then if you have some interest in attending. [0:59:33, 0:59:39]: Uh that's all I have for staff updates um outside of [0:59:39, 0:59:57]: um just of being appreciative of this board for being very thoughtful about the cases and items that come before you and for the discussion at any and every meeting. This is important and we appreciate the time and dedication that you put into these meetings. [0:59:57, 1:00:00]: So that's all I've got for you all tonight. [1:00:00, 1:00:02]: Um Chairman Abdullah. [1:00:02, 1:00:06]: I have a question for you. When will we get copies of the uh unified development code? [1:00:07, 1:00:21]: Well, we're getting the last signatures from the mayor, hopefully the first part of next week and getting it codified. Uh question, does everybody want a hard copy or do you want a digital copy as well? Because everybody's getting digital. [1:00:21, 1:00:25]: But if you want a hard copy as well, please let me know and we'll get that printed for you. [1:00:25, 1:00:27]: I'd like a hard copy. [1:00:27, 1:00:27]: Okay. [1:00:28, 1:00:29]: Chairman. [1:00:30, 1:00:34]: Anyone else want a hard copy of the unified development code? [1:00:35, 1:00:38]: Yeah, I'll take a hard copy. This is Harold Tivoda. [1:00:38, 1:00:40]: I got you, Mr. Tibodeau. [1:00:43, 1:00:45]: All right, is that it for the most part? [1:00:47, 1:00:49]: Okay. I believe that. [1:00:50, 1:00:51]: That completes the agenda. [1:00:52, 1:00:54]: Uh motion to adjourn. [1:00:55, 1:00:56]: A second. [1:00:57, 1:00:59]: You know, you making the motion. [1:00:59, 1:01:04]: Oh you said motion to adjourn. You got I said may I have a motion to adjourn. [1:01:07, 1:01:09]: I make a motion to adjourn tonight's meeting. [1:01:09, 1:01:10]: Yeah. [1:01:10, 1:01:10]: Yeah. [1:01:11, 1:01:13]: I second it. Mr. Tibetal second. [1:01:14, 1:01:14]: Yeah. [1:01:15, 1:01:18]: It's been moved and second. All those in favor, let it be known by the sign of aye. [1:01:18, 1:01:21]: Uh uh those opposed. [1:01:22, 1:01:26]: Bas have it, this meeting is adjourned until the next scheduled meeting. [1:01:27, 1:01:29]: Thank you all for being present this evening. [1:01:30, 1:01:32]: And uh the debate is always welcome. [1:01:34, 1:01:41]: Everybody take care. All right. Bye bye. Thank you all. Have a good evening. Have a good evening.