Board of Zoning Adjustment - Regular Meeting

Good afternoon, ladies and gentlemen. This meeting is being held in compliance with the Georgia OC Open Meetings Act, Georgia OCGA 5014-1. This meeting is the Board of Zoning Adjustment of 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, Mr. Kevin Bacon, and Ms. Aisha Thomas. Ms. Angela Blatch is Secretary of the Board. Mr. Francis Rozier is with the Office of Zoning Development. Also present is the Board's Attorney, Ms. Charlie Hewitt. Before we get started, I'd like to acquaint us all with some of the rules and procedures of this meeting. Official records of the proceedings are being taped. When given testimony, please speak directly into the microphone and address all comments to board members. Please be advised that this 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 MPU. If conditions are attached to approval recommendation from the staff or an MPU, application will not be included on the consent agenda unless the conditions are the same from the staff and MPU. If the application is included within a 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 and vote on the consent agenda. However, before this occurs, the chair will ask whether any board member wish 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 will be heard in the order in which it was received by the secretary and listed on the published 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, remaining new cases, and previously deferred cases. Our Secretary will sound each case on the agenda and will give the planning staff and NPU recommendations. All cases are... will be heard in the 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 the signing sheet located on the podium. Prior to presenting any 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 sounded and before making any statements on the merits of the case. The board may defer or postpone on a motion of any board member or on the request of the filing party only for good cause and with 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 case. Testimony by members of the public in support of the case shall be included within a 10-minute applicant 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 or questions that have been raised by a physician 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 to be concise and organized as possible regarding each presentation and to be considerate of the number of parties that wish 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 the 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 the presentations from all parties, and any relevant materials presented, as well as ask questions for each party as desired and necessary, then vote immediately following each case. No participation by the public will be permitted during deliberation unless requested by a board member. Written notification from the office is only in 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 varying special exceptions or appeals as advertised and stated in the publisher 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 from the subject at hand and requests that the party be removed be removed from the room if disruptive to 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, operations of the Department of the City of Atlanta. We will be addressing zoning matters pursuant to the City of Atlanta Zoning Ordinance as it relates to the relevant facts. the particular application, comments, and evidence from the parties that are before us and are speaking in either support or denial. One other matter should be mentioned. Different viewpoints may be presented today and it is possible and even probable that not everyone will be will agree with or be pleased with the decision of the board. However, this board intends to make fair decisions based on relevant facts of the case and in accordance with the relevant ordinance containing single land zoning ordinance. After hearing result letters, reflecting the board's decision will be available within seven business days from the date of the hearing. Finally, no demonstrations will be permitted in the chamber. Please refrain from any applause or dialogue when any person is speaking. And at the conclusion of the particular application hearing, please depart the chamber in a quiet and orderly manner. At this time, we ask that you turn off, vibrate our 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 to the top of our agenda for consideration of a possible deferral withdrawal. We have just one case. That is V-26-042. Philip Perry, second.

Motion has been made and properly seconded. All those in favor, state your name and say aye or nay.

Philip Perry, aye.

Alicia 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-26-048, V-26-068, V-26-069, V-26-071, and V-26-072.

Phillip Perry, second. Motion's been made and properly seconded. Before we put it to a vote, does anyone present wish to remove any consent agenda items to be heard on the regular hearing? Is there any board member wish to remove any consent agenda items?

No, sir.

No. Seeing no one, motion's been made and properly seconded. 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 B26-042, application of Donald Coleman for a variance to reduce the south side yard setback from seven feet to zero feet for the construction of a new airport, a new carport for an existing single family dwelling for a property located at 2045 Lenox Road Northeast. Front of 50 feet on the east side of Lenox Road and beginning 215.5 feet from the southeast intersection of Ogilvy Drive and Lenox Road. Zone R4, single-family residential landlocked for the 17th District of Fulton County, Georgia. Owner Felix L. Murray, OBO, Piedmont Promotions Incorporated, Councilor District 6, NPUF. The recommendation is for deferral.

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

Mr. Chair, on case number V-26-042, I move that we defer this case to regularly scheduled meeting on August 6, 2026.

Philip 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 passed.

The following cases are on consent. Case number V26-048, application of Jennifer Wolf for variances to allow parking in the required front yard, exceed the allowable amount for paved areas and driveways from one-third to 37.2% of the total area of the required front yard, and to exceed the maximum width of driveways from 20 feet to 23.5 feet for one- and two- one and two family uses for driveway expansion for property located at 118 Clifton Street Southeast, from the 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, land lot 207 of the 15th District of DeKalb County, Georgia. Owners Allen G. Poole, Jr. and Courtney C. Poole, Council District 5, NPUO. Case number V26-068, application of T.R. Crumbly for a variance to reduce the north side yard setback from seven feet to one foot for the construction of a carport for a property located at 225 Marion Place Northeast. Front is 62 feet on the east side of Marion Place. and beginning 160.94 feet from the southeast intersection of LaFrance Street and Marion Place. Zone RFIC, two-family residential conditional, landlocked 209 of the 15th District of DeKalb County, Georgia. Owner Donald Mackey, Councilor District 5, NPUO. Case number V26-069, application of 9 of Gentry for a variance to reduce the west side yard setback from 7 feet to 1.2 feet for the construction of a two- and second-story addition for a property located at 680 Elmwood Drive Northeast, front of 50 feet on the east side of Elmwood Drive and beginning at 190.2 feet from the northeast intersection of Crest Hill Avenue and Elmwood Avenue. Zone R4, single-family residential beltline overlay landlocked 53 of the 17th District of Fulton County, Georgia. Owner William Kitchens, Councilor District 6, NPUF. Case number V26-071, application of Thomas Hardy for variances to allow an accessory structure to exceed 30% of the main structure to 37.7%. Increase the height of an accessory structure from 20 feet to 21 feet and reduce the north side yard setback from 7 feet to 0.9 feet for an addition for an addition to an existing single-family dwelling. For property located at 1787 Flagler Avenue Northeast, front of 59.9 feet on the east side of Flagler Avenue and beginning at 784.4 feet from the southeast intersection of Rock Spring Avenue and Flagler Avenue. Zone R4 single-family residential beltline overlay landlocked 56 of the 17th District of Fulton County, Georgia. Owner Wyatt Anderson, Council District 6, NPUF. Case number V26-072, application of Stephanie Lowe for variances to reduce the south side yard setback from 10 feet to 5 feet and reduce the rear yard setback from 15 feet to 10 feet for the construction of an addition and detached two-story garage for property located at 1017 Dean Avenue Northwest. Fronting 100 feet on the west side of Dean Avenue and beginning 280 feet from the northwest corner of Dean Avenue. Zone R3A, Singapore Residential Landlot 185 of the 17th District of Fulton County, Georgia. Owners Scott and Sarah North, Council District 8, MPUC.

Thank you, Madam Secretary. Reading those consent agenda cases into the record, we'll go into deliberations and 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.

Phillip Perry, second. Motion's been made and properly second. 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. If your case was read into the record by Madam Secretary on the Senate agenda, they have been approved and you are free to go.

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 property located at 214 Alberta Drive NE, finding 75 feet on the north side of Alberta Drive and beginning at approximately 310 feet from the northeast intersection of Roswell Road and Alberta Drive. Zone R4, single-family residential land lot, 98 of the 17th District of Fulton County, Georgia. Owner Katie Comer, Council District 7, MPUB. Staff recommendation is denial. MPUB recommendation is approval conditional.

I don't see the applicant, but I'll ask anyway. Is the applicant present? Seeing no one, what we'll do is... entertain an opportunity to defer this case. Mr.

Chair, I would be happy to introduce a motion that we defer case V-25-257 to a date to be determined.

Philip Perry, second. Motion's been made and properly seconded with V-25-257. All those in favor, state your name and say aye or nay. Philip Perry, nay.

Alicia J. Thomas, aye. Kevin Bacon, aye.

Point of clarification, to defer cases, it has to have unanimous. Give me just a second, board. I just want to make sure we're looking at this in the right way.

The majority. OK.

Michael Williams, aye. Motion passes. So this case will be deferred to a date to be determined, V25257. And with that, we are adjourned.