Board of Zoning Adjustment - Regular Meeting

Thank you. Thank you. I'll start when you start.

Good afternoon, ladies and gentlemen. This meeting is being held in compliance with the Georgia Open Meetings Act OCGA 5014-1. This meeting is Board of Zoning Adjustment, a five-member board created by the Atlanta City Council and confirmed by the Atlanta City Council. It is created to exercise and perform all the functions, powers, and duties of the Board of Zoning Appeals. My name is Michael Williams, Chair of the Board. I have the honor of introducing the other members of the Board. With us today is Mr. Philip Perry, Ms. Aisha J. Thomas, and Vice Chair, Mr. Kevin Bacon, Ms. Angela Blatchett, Secretary of the Board, Mr. Francis Roziers with the Office of Zoning and Development. Also present is the board's attorneys, Ms. Charlie Hewitt. Before we get started, we'd like to acquaint us all with the rules procedures of this meeting. Official records are being taped. When you give testimony, please speak directly into the microphone and address all comments to board members. Please be advised that the board may adopt a consent agenda today to approve non-controversial or routine applications. Non-controversial or routine applications may include applications with unanimous recommendations for approval with no conditions attached. from both planning staff and NPU. If conditions are attached to an approval recommendation from either staff or NPU, the application will not be included in the consent agenda unless the conditions are the same from the staff and NPU. If the application is included within the consent agenda, testimony from any party will not be required. including the applicant. After consent agenda is sounded, the board will immediately go into deliberations, vote on the consent agenda. However, before this occurs, the chair will ask whether any board member wishes to remove any item from the proposed consent agenda. The chair will also ask whether any applicant or interested party wishes to be heard on a proposed consent agenda item. If so, the application will be removed from the consent agenda and it will be heard in order in which it was received by the secretary and listed on the public agenda as amended. Unless the board acts to amend the agenda, cases are generally heard in the following order, deferrals, withdrawals, consent agenda cases, appeals for many new cases and previously deferred cases. Our secretary will sound each case on the agenda and will give planning staff and NPU recommendations. All cases will be heard in order as listed on the agenda or in accordance with the amended agenda as adopted by the board. Everyone who wishes to speak must fill out sign-in sheet located on the podium prior to presenting testimony. Each speaker will be asked to state his or her name and address for the record. If the applicant wishes to defer his or her case, please make the request to defer immediately after the case is signed and before making any statements on the merits of the case. The board will defer or postpone on the motion of any board member or interested party or on the request of the filing party only for good cause or with the consent of the majority of the board. Cases that are deferred at the request of the applicant will be assessed a deferral fee. Secretary of the board will notify the applicant of the amount of the required fee, which should be paid within three days of notification in order for the case to be placed on a subsequent agenda. For cases being heard today, the applicant will be allowed a total of 10 minutes to present his or her testimony. Testimony by members of the public in support of the case shall be included within the 10-minute application presentation time. Since the burden of proof is upon the applicant, the applicant may choose to save part of the 10-minute time period for rebuttal following all other testimony. The rebuttal time will be limited to addressing comments and questions that have been raised by opposition or for clarification purposes. After the initial presentation by the applicant, parties who oppose the case shall be allotted a total of 10 minutes to present their testimony. It benefits these parties to be as concise and organized as possible regarding each presentation and to be considerate of the number of parties that wishes to speak in opposition of the application. All testimony is taken as if under oath and subject to the penalties of perjury. All testimony should be relevant, although we do not adhere to formal court rules of evidence. All material that you submit to this board becomes evidence. If it can be easily copied, you may request that it be returned and our secretary will do so. Following all testimony, the board will promptly go into deliberations, have time to consider presentations by our parties and any related materials presented, as well as ask questions. of each party as desired or necessary and then vote immediately following each case. No participation by the public will be permitted during deliberations unless requested by a board member. Written notification from the Office of Zoning and Development confirming the results of the hearing will be sent within one week. The only matters this board will address are zoning issues related to applicable variants, special exceptions, or appeals as advertised and stated in the published agenda for this meeting. Please address and confine all comments to that specific subject. In the interest of time, the chair reserves the right to caution any speaker who has strayed too far off from the subject at hand and to request that a party remove his or herself from the room if disruptive to the proceedings. The board will decline to mediate disputes that are not related to the case. Please note that this board does not have authority over the policies, procedures, and operations of the departments of City of Atlanta. We will be addressing zoning matters. pursuant to the city of Atlanta zoning ordinance as it relates to relevant facts and particular applications and comments and evidence from the parties that are before us speaking in support or denial. One other matter should be mentioned. Different viewpoints may be presented today and it's possible and even probable that not everyone will agree with or be pleased with the decision of this board. However, this board intends to make fair decisions based on relevant facts of the case and in accordance with the relevant ordinances contained in city land zoning ordinance. After this hearing, The result letters reflecting the board's decision will be available within seven business days from this hearing. Finally, no demonstrations will be permitted in the chambers. Please refrain from any applause or dialogue when any person is speaking. At the conclusion of a particular application hearing, please depart the chamber in a quietly, orderly manner. At this time, we ask that you turn off vibrate cell phone, paging devices, and flashes from cameras so that we can proceed with as little disruption as possible. I will now entertain a motion to adopt today's published agenda.

Mr. Chair, I move that we adopt today's agenda with the exception of moving the following cases at the top of our agenda for consideration of a possible deferral withdrawal. Cases are V-25-229, V-25-257, V-25-260, V-26-048, and V-26-067. Phillip Perry, second.

Motion's been made and properly seconded. All those in favor, state your name and say aye or nay. Philip Perry, aye.

Aisha J. Thomas, aye. Kevin Bacon, aye.

Michael Williams, aye. Motion passes. I will now entertain a motion to move to the consent agenda.

Mr. Chair, I move that the following cases be moved to the consent agenda. V-26-060, V-26-065, and V-26-066. Philip Perry.

Second. Before we put it to order, vote. Anybody here wish to remove any items from the proposed consent agenda and add them to the regular hearing? Seeing none, does any board member wish to remove any consent agenda items? No, sir. Seeing no one, motion's been made and properly second to move the consent agenda items. All those in favor, state your name and say aye or nay. Philip Perry. Aye.

Ayesha J. Thomas. Aye. Kevin Bacon. Aye.

Michael Williams. Aye. Motion passes.

Case number B25-229, appeal of Sean M. Curran of a decision of an administrative officer in the Office of Buildings for property located at 446 Cherokee Avenue Southeast, front of 45.05 feet on the east side of Cherokee Avenue and beginning approximately 170.3 feet from the southeast intersection of Glenwood Avenue and Cherokee Avenue. Zone R5, two-family residential, Grant Park overlay, Grant Park Historic District. Landlocked 44 of the 14th District of Fulton County, Georgia. Owner Eric Kaufman, Council District 1, MPUW. The recommendation is for deferral.

The applicant present. 10-01, we'll go into deliberation and entertain a motion.

Mr. Chair, in case number V-25-229, I recommend that we defer this case until a regularly scheduled meeting on a date to be determined. Philip Perry, second.

Motion's been made and properly seconded with respect to case V25229. All those in favor, state your name, say aye or nay.

Philip Perry, aye.

Aisha J. Thomas, aye. Kevin Bacon, aye.

Michael Williams, aye. Motion passed.

Case number V25-257, application of Jay Warner for a variance to reduce the rear yard setback from 15 feet to 2.5 feet for the construction of a new carport for a property located at 214 Alberta Drive Northeast. Front is 75 feet on the north side of Alberta Drive and beginning at approximately 310 feet from the northeast intersection of Roswell Road. And and Alberta Drive is on our 4th single family residential land lot 98 of 17 district of Fulton County, Georgia on a catered calmer Council District 7 MPUB. The recommendation is for deferral.

I've been present saying no one will go into deliberation entertain a motion.

Mr. Chair, on case number V-25-257, I move that we defer the case until our regularly scheduled meeting on July 2nd, 2026. Philip Perry, second.

Motion has been made and properly seconded with respect to V-25-257. All those in favor, state your name and say aye or nay.

Philip Perry, aye. Aisha J. Thomas, aye. Kevin Bacon, aye. Michael Williams, aye. Motion passed.

Case number V25-260, application of Jamila Brown for special exception to reduce the required off-street parking from a minimum of 44 spaces to 19 spaces for the remodel and expansion of a single-tenant building for multi-tenant use for property located at 410 North Avenue, North Avenue Northeast for the 155 feet on the north side of North Avenue and beginning of passing 345 feet from the northwest intersection of Parkway Drive in North Avenue zone C to commercial service land like 48 of the 14 district of Fulton County, Georgia. Owner Jaffee Juma Council District to MPUM. The recommendation is for denial without prejudice.

The applicant present. Seeing no one, we will go into deliberation and entertain a motion.

Mr. Chair, in case number V-25-260, I move that we deny the case without prejudice.

Philip Perry, second. Motion's been made and properly seconded. We'll respect the case V-25-260. All those in favor, state your name and say aye or nay.

Philip Perry, aye.

Ayesha J. Thomas, aye. Kevin Bacon, aye.

Michael Williams, aye. Motion passed.

Case number V26-048, application of Jennifer Wolfe for variances to allow parking in a required front yard and to exceed the allowable amount for paved areas and driveways from one-third to 37.2% of the total area of the required front yard for driveway expansion for property located one... 118 Clifton Street Southeast, front of 54.21 feet on the east side of Clifton Street and beginning approximately 300 feet from the northeast intersection of Dixie Street and Clifton Street. Zone R4A, single-family residential, landlocked 207 of the 15th District of DeKalb County, Georgia. Owners Allen G. Poole Jr. and Courtney C. Poole, Council District 5, NPUO. The recommendations for deferral.

Is the applicant present? Seeing no one, we will go into deliberation and entertain a motion.

Mr. Chair, in case number V-26-048, I move that we defer the case to a regularly scheduled meeting on July 2nd, 2026. Phillip Perry, second.

Motion's been made and properly seconded with respect to V-26048. All those in favor, state your name and say aye or nay.

Phillip Perry, aye.

Aisha J. Thomas, aye. Kevin Bacon, aye.

Michael Williams, aye. Motion passed.

Case number B26-067, application of Monica Woods for a special exception to increase the height of her privacy fence in the half-depth front yard from four feet to six feet for the property located at 1485 Westview Drive Southeast, frontings 44 feet on the north side of Westview Drive, and beginning at the northeast intersection of Mathewson Place, and Westview Drive. Zone R4, Singapore residential, Beltline OLE, Landlot 141 of the 14th District of Fulton County, Georgia. Owner, Wilhelmina Winston, Council District 4, NPUK. The recommendation is for deferral.

Is the applicant present? Seeing no one, we'll go into deliberation. Entertain a motion.

Mr. Chair, in case number V-26-067, I move that we defer the case until a regularly scheduled meeting in August 2026. Philip Perry, second.

Motion's been made and properly seconded with respect to V26067. All those in favor, state your name and say aye or nay.

Philip Perry, aye.

Aisha J. Thomas, aye. Kevin Bacon, aye.

Michael Williams, aye. Motion passes.

The following cases are on consent. Case number V26-060, application of Dane Collis for a variance to reduce the south side yard setback from seven feet to one foot for the construction of a new share for property located at 73 Rocketford Road Northeast from 49.5 feet on the east side of Rocketford Road and beginning at approximately 153 feet from the northeast intersection of Ridgedale Road and Rocketford Road. Zone R4, single-family residential landlocked two of five of the 15 districts of DeKalb County, Georgia. Owner, Dane Callis. Counsel, District 6, NPUO. Case number V26-065, application of David C. Kirk, attorney for Atlanta Youth Academy for a special exception to require all street parking from 238 spaces to 178 spaces for the construction of two new school buildings pending consolidation for properties located at 2100 Forest Park Road Southeast, fronting 396.93 feet on the east side of Forest Park Road and beginning at the southeast intersection of Southern Railroad and Forest Park Road and 2120 Forest Park Road Southeast fronting 863.82 feet on the east side of Forest Park Road and beginning 396.93 feet from the southeast intersection of Southern Railroad and Forest Park Road. Zone RG3C, residential general conditional, land lot six of the 14th District of Fulton County, Georgia. Owner, Atlanta Youth Campus Incorporated, care of Peter Rooney, Council District One, MPUZ. Case number V26-066, application of T.R. Crumbly for a special exception to allow active recreational pool and yards adjacent to a street for property located at 3359 Eastwood Valley Road Northwest, front of 306.69 feet on the east side of Eastwood Valley Road, and beginning at 218 feet from the northeast intersection of Montana Road and Eastwood Eastwood Valley Road, Zone R3, single-family residential land lot 158 of the 17th District of Fulton County, Georgia. Owners Will and Wendy Stegall, Council District 8, NPUA.

Thank you, Madam Secretary. Reading those consent agenda cases into the record, we'll now entertain a motion.

Mr. Chair, I move that we approve each of the cases listed on the consent agenda as read into the record by Madam Secretary.

Philip Perry, second. Motion's been made and properly seconded. With respect to the consent agenda cases, all those in favor, state your name, say aye or nay.

Philip Perry. Aye.

Raisha J. Thomas. Aye. Kevin Bacon. Aye.

Michael Williams. Aye. Motion passes. And with that, we are adjourned.

Y'all did great.

That's a hard one. Thank you.