Zoning Board of Appeals - Regular Meeting

Everyone in attendance and those who are online streaming and watching us, thank you for joining us this evening. At this time, we have no applicants here, so we have no cases to hear this evening. With that being said, we will go ahead and... We do have one applicant.

For AB 26004. They're here? Yes.

All right. We don't have a quorum, so we... We still have them. We still can't hear the case. So with that being said, the case that we were supposed to be hearing this evening, both cases, case B26-003 and case B26-004, will be deferred until August 20th for the next meeting. That's going to be August 20th, 2026. And with that being said, we will go ahead and adjourn this meeting.

I mean, we don't really have a quorum.

Okay, well, we can go ahead and call. Yeah, staff, go ahead and call the roll, please.

Commissioner Malcolm. Present. Commissioner Mathis. Commissioner Patterson. Present. Commissioner Blackshear.

Present.

Commissioner O'Donnell? Here. Commissioner Piles-Faraday? Commissioner Paulette Devon? Commissioner Ursula Evans?

Thank you so much for that, staff. With that, for a We need to go into executive session. I made a motion.

Yeah, I was going to say we need a motion. Yeah, I move to enter into the executive session at this time.

Can I hear a second?

I'll second it.

Okay. All approved? Aye. All opposed? Motion has been approved.

I don't either.

I don't either.

Okay. Because it's a cut-and-dry case in my mind.

Right. And we had already planned to go ahead and defer them out until next month and made the announcement. Oh, I'm sorry. Thank you.

We had already announced to defer them out until next month.

Defer who? Both cases have got to go out until next month. Oh, do they?

Alright.

Excuse me everyone.

Good evening and I would like to thank you all for coming this evening. We do apologize.

for the citizens who came out and for not starting our meeting on time. However, we will go ahead and commence and move forward tonight's meeting for the zoning board.

I got to make a... Madam Chair.

We had already come out of that. No, we didn't. Yes, we voted on it. We went in. We got to come out now. Oh, no, I thought we... Oh, I'm sorry. Just a point of order.

Just a point of order. I would like to make a motion to exit executive session at this time.

And I get a motion.

So moved.

That was your second? Okay, thank you. It has been second. All approved?

Aye.

Any opposed? We are out of executive session, so approved. And we will go ahead and move forward. I would like to call this meeting here with the City of South Fulton for the Zoning Board of Appeals. And today's date is Thursday. July 16th and the time is now 6.42 p.m. Again, I would like to welcome everyone in attendance as well as those who are watching us online via streaming. At this time, I would ask the staff to conduct a roll call to establish a quorum.

Commissioner Malcolm?

Here.

Commissioner Blackshear?

Here.

Commissioner Patterson?

Present.

Commissioner Mathis? Commissioner O'Donnell. Here. Commissioner Piles-Faraday. Present. Commissioner Devon. Commissioner Evans. We have a quorum.

Thank you so much. Quorum has been established and we will proceed with tonight's agenda. The next item is approval of minutes from the June 18th meeting. Is there a motion?

Move to approve the agenda from June 18th. Second.

I second.

Any discussion? All in favor?

Aye. Aye. Aye.

All opposed? Abstain. Okay. Would you like to speak on it? No, I'm stating I wasn't here. That's fine. I just wanted to make certain. Motion carries as approved. The minutes reflect that June meeting could not conduct business because a quorum was not present. Before we begin tonight's case, I would like to remind everyone... of the purpose of the Zoning Board of Appeals. This board does not determine whether we like or dislike a project. Our responsibility is to determine whether each application satisfies the hardship criteria that's contained within the zoning ordinance. Each case is decided on its own facts and merits. We ask that everyone remain respectful throughout this entire proceeding. This matter, we'll go ahead and move forward to case V26-0030, Rattery Road. This matter was deferred from June meeting due to the lack of a quorum. Staff, please present the case V26-0030.

Go ahead and present. Yeah, so the applicant is asking for a deferral, and staff is requesting deferral as well for this case.

Thank you for that. Since the staff is, I mean, I'm sorry, since the applicant is not present, would anyone like to make a motion?

I'll make a motion that we defer case V26-0030, Rotary Road, until our next scheduled meeting, August 20th.

Second. That is correct, August 20th.

August 20th, 2026.

Second.

All approved?

Aye.

Opposed? It has been so approved. Case B26-0030, Rattlery Road. That's a lot of R's and E's. Will be deferred to August 20th of 2026 for the next meeting at 6 p.m. At this time, we'll go ahead and move forward to the next case. Case V26-004, 4381 Lake Charles Lane. Staff, please present the case. Yes, ma'am. V26-004, the address is 4381 Lake Charles Lane. The applicant is seeking a...

a variance to section 14.005 to allow the applicant to temporarily work in the stream buffers to repair the bridge dam at the Lake Charles subdivision. This is an active LDP and the LDP is just waiting on this variance. Staff is recommending approval and then they did get approval from the state. So again, staff is recommending approval.

Thank you, staff. At this time, We'll go ahead and open up the public hearing. We do not have to take a motion for that. We'll go ahead and open up the public hearing. Will the applicant please come forward?

Yes, sir.

Well, not at this time, sir. I'm sorry. Thank you so much, sir. Please state your name and address for the record. Excuse me. Okay.

Thank you. Okay. My name is Cosmos Kenney. Office address is 10 Glen Lake Parkway, Suite 130, Santa Springs, Georgia, zip code 30328.

And what's your last name again, sir?

Kenney. K-A-N-Y-I.

Okay. Kenney. Okay.

As in K-A-N-Y-I, not Kenney West. Thank you.

You have ten minutes, sir.

Yeah, thank you. So, just to introduce myself, I am the developer owner of the property subdivision in question, and I'm here to... All right. The project in question It's about a dam in the existing subdivision overlooking the lake. We're here to remove and replace the dam for safety issues. The project will rebuild a failed dam structure. The existing dam was constructed of concrete walls and earthen filled with an approximately dam width of 20 feet. The proposed structure will consist of an earthen The dam height will be 24 feet from toe to crest. Front and rear slopes will be maximum of three of a ratio of three to one feet horizontally horizontally to vertically. Land disturbing activities will include removal of vegetation on the dam face and downstream slope, removal of the concrete remnants of the failed structure, and removal of the structure to a stable impervious core. Reconstruction will involve installation of a new outlet control structure and main outfall. The main outfall will be surrounded by an impervious core and will include an inner zip collars. An emergency overflow channel will be constructed of concrete. The dam will then be stabilized with grass seeding to provide vegetation cover. The city of South Fulton requires stormwater management for the unbuilt lots of record within the Lake Charles subdivision in order to issue a building permit. The existing lake serves the stormwater management requirements for the proposed lots, the existing Gillette trace lots. This basin feeding the lake contains approximately 103 acres. The existing unbuilt lots are within a previously plotted subdivision on existing legal lots of record. The only viable alternative plan will be to provide individual stormwater management facilities for two locations for the Lake Charles subdivision's outfalls into the lake. This solution will involve leaving the dam in breach condition. These facilities will be placed outside of the buffers. Due to regulations requiring stormwater management facilities to be on separate lots, some lot reconfigurations and plant revisions will be required. The alternative was not considered due to the safety concerns of the existing bridge structure. The large concrete remnants remains and unstable slopes pose a danger to future residents and existing citizens who would have great access to the dam. Additionally, considerations where the Florida operations of the pre-bridge dam, the champions run subdivision downstream from this facility has known flooding problems, both pre-bridge and post-bridge. Restoration of this dam will provide additional flood control to help the residents downstream. Key points. The existing dam was constructed well over 50 years ago. The dam breach occurred in 2016 after a significant rainfall event. The lake serves as stormwater detention for the Lake Charles and Gillette Trace subdivisions. The dam and lake provides some mitigation for flooding of the Champion's Walk subdivision. The large concrete dam rubble and remnants pose a threat to safety for people who may access the existing dam. Removal of this rubble and remnants will require a buffer variance as well due to the work in the buffer. The proposed project will remove the safety hazard, clean up the rubble from the buffer, and restore the area to a vegetable buffer. The proposed project will restore the stormwater and flood mitigation operations of the lake. Simply put, we're here to juice. Resolve the problem, not only for our subdivision that will be in question, but also for everybody else downstream from there.

Thank you. Thank you. All right. Anyone wishing to speak in favor?

I have cards for John Herring, Wilma Blunt, and Pete Meadows.

Are they all here?

Yes. I am. Oh, okay.

Are they in?

Right. I need another card, I guess.

Are they all in? Okay. And since we're in such a small capacity, you don't have to all get up at the same time. Staff will call your name, and then you can get up and come up to the microphone, please. Okay. How do I get a card? Call them. And can you provide this gentleman with a card as well? Yes.

Did you call John Herring? John Herring. Dr. John Herring. Thank you so kindly. Thank you so kindly.

Give him one second, sir. One second.

Dean, I'm sorry. You reset it? Yeah. It should be reset. They still had it. Therefore, they're in favor.

No, I'm not.

So is it a different time or is it the same time?

So the people that's in favor gets the remaining time and the people that's in opposition get a full 10 minutes.

So you're in opposition.

Madam Chair, I don't know what my position is at the moment. Before you go too deep.

Are you in favor?

I do not know.

Oh, you don't know.

No, because I don't know anything about this particular project.

Okay.

So I need to know the information. I just learned of this as I walked through the door this evening. Okay. Okay. So I cannot address that particular question at this time.

Understood. Okay. I think. Okay. If you could have a seat and I will follow back up with you.

James Harris.

My name is Attorney James Harris and I'm a resident of the Champions Park subdivision.

Please state your address.

222 Amy Overlook. City of South Fulton? Thank you. Okay, so I've been a resident there for a while, and we are downstream from that community, and when that dam broke, all the water comes down into our community. So we've got flooding in our common area. We've got critters that come from all the rainwater, and we've been trying for years to find a way to get someone to fix it. and we've been unsuccessful. So we welcome the opportunity to have a developer come in and actually build a dam for us. Thank you. Thank you.

Pete Meadows.

Thank you. My name is Pete Meadows, 232 Amy Overlook in the Champion Park subdivision.

Thank you.

First of all, let me say that I am in favor of the dam. So let me get that clear. But I do have some concerns as to the downstream part of it. Because when the dam broke, I've been in Champion Park since 2006. The dam broke in 2016, I believe. And ever since that dam broke, we have had nothing but flooding and erosion in our common area.

We used to have a soccer field.

We used to have a baseball field. We used to have a walking path. All that has been destroyed. And so my concern is, yes, I want to see the dam built, but what can the city do for us downstream because it has been damaged and we can't get anybody to assist us? We've come to the city before. We've asked people to come take a look at it. And now we're just left with a cesspool. We have snakes. We have mosquitoes. We have raccoon, possum. We have all these critters now that have made a living. And I invite you to come take a look at it. I invite you to come take a look at what we have to live in our beautiful community. And we have homes in our community 600 to a million dollars in our community. And it's a shame that we have to have a cesspool out in the front of our community. So I say to the city, what can you do to help us aid the downstream support of the dam? I also want to know from the developer, is there anything he can do further along? Because I know the dam is just a part of it, but what about what comes down into our subdivision. I don't know if the developer can aid us in that area. I have a number of our residents from our subdivision. I hope they'll get up and speak on this, too, what it means to our property value. As I mentioned before, we have some very elegant homes over there, and this is... does nothing to improve the property value over there. So my question is really for the planning, what can the city do to help aid us from the damage that the breach dam has done to our community? Thank you for your time.

Thank you. Staff, do we have 31 seconds left?

Wilma? Wilma Blunt?

Thank you, Ms. Blount. Good evening. I'm Wilma Blount. Can you speak directly? Wilma Blount. My address is 4275 Lake Charles Lane. Right now, I'm the only house on the street. I came to find out what was going on with the dam. I saw the sign, and I received a letter telling me a little bit about it. So that's why I'm here, to find out what this is all about.

Thank you.

Thank you so much for the comments in favor. Do we have any comments? Anyone here opposing?

We have the card for Mr. Herring. He wasn't sure if he opposed or was a proponent.

Okay, well, at this time, it seems that we don't have any opposition, so if Mr. Herring would like to come up and speak, please do. And please tell us your address as well.

My name is John Herring. I live at 43, I'm sorry, 3547 Gillette Trace. My home was built in 2004, so I've been around them sometime. The reason I'm here today is because there was a sign placed on Mrs. Blount Street, not on the main three-way, where people can really see it coming down Gillette Trace. It was not there. Now, when I attempted to call the number that was stating for this particular meeting today, There was a wrong number that was issued. I called that number and I think your name came up on the recording. And the recording looped itself so you could never find or talk to a human being. We only spoke to a machine. My concern is why would this information put out to our community? I'm all for community but I'm totally against people that don't live in our community come down here and throw something in our faces and say we have to accept that that's unfair to us and it's unfair to the homeowners that's present here today now I call that number I had to come down to Fulton County I spoke with a young lady. She said, I'm going to call you back. Never received a phone call. Why? Now we have a builder down here. They want to fix a dam. What's coming next?

What's next? Now, and just for clarity, you spoke with someone at Fulton County or the city of South Fulton?

The city of South Fulton, Mr. Matthews. Okay. Okay? Okay. Is that the correct name that you wanted to hear? That's the person I spoke with. Okay. Now, given that fact, no telephone number, no information about these persons, these builders coming in our community, what am I to do? I received this package the moment I walked in the door, and here I am, because I did not get a phone call back. My question is, what's next? If we repair the dam, what's next? Are we bringing homes in on Gillette Trace portion? I didn't hear anything about that. The only thing I heard about was rebuilding of the dam. Now, let's get to a recommendation, all four of you guys getting taken care of. No doubt about that. I'm not against that, not opposed to that. Because I remember when that community was being built. They get flooded. They used to have a miniature golf course there. I recall my church is directly across from you. So I'm supportive of that. But I am not supportive when people that don't live in my community come to our community and provide false information to us. Why is that? And I would like for this committee, until my community has been properly informed, that we table this issue. Because we have not been properly informed of it.

I hear you. I hear you.

I thank you for your time and your patience.

Thank you so much. God bless you. I appreciate your comment. At this time, would the applicant like to respond?

Okay. First and foremost, I would like to apologize to Mr. Herring for his comments. But at the same time, Mr. Herring, you have to appreciate what we're all trying to do here. Okay. All right? I'm sorry.

Can you hold on for one minute? Yeah. Oh, sorry.

We'll need to close the public hearing and then open it up for discussion, and then the board can ask the applicant questions. But the public hearing needs to be closed.

Close.

He didn't have any time remaining.

Thank you so much. Well, hold on one minute. At this time, we'll go ahead and close the public hearing, and we will open up discussion for the board members to ask the applicant. And we did hear your questions at this time, so don't. good so at this time all public comments will be discontinued because you only get 10 minutes and all of those 10 minutes have been concluded so again please we respectfully ask for you to just be mindful and just be respectful of the applicant as well as the board we understand this is a case that can be a little bit, cause a little tension for some people and we understand. But the public hearing is closed and the discussion for the board is open. I would like for someone to make a motion for discussion for the board. Make a motion to open discussion with the board.

Okay, I move to open up discussion. I second.

For all of those who approve.

Hi. Yay.

Okay. Any opposed? Okay. The motion has been approved, and we will go ahead and move forward with discussion and questions from the board to the applicant, if any are available at this time.

I do have a few. Okay. For the applicant, sir. Mr. Malcolm, go ahead. Thank you, Madam Chair, for recognizing me. So I have a couple of questions. The first question I would like to know is, In any way, shape, form, or fashion, is this stormwater lake, is it accessible by foot, car, bike, to any residents that live in the area?

You mean right now?

Right now or once you get done with the dam, whenever.

Yes, it is accessible, but they have to come true. Okay.

Can you speak into the mic a little bit louder, sir?

Yes, it is accessible. Okay. Privately, though.

Okay. And the reason why I ask that question, because in one of our neighboring cities just recently, there was a tragic event that involved a kid. Um, so, and I'm gonna move on to another part, but I would like to see if, uh, if approved, if you guys will be amendable to adding a fence around that lake.

Most definitely. Safety is our number one priority. Yes.

Thank you. Um, and then the next question I have, and I think I heard you speak to this, um, during your briefing. Um, but I just want to make sure that we are all on the same page. Any, um, debris, um, Piles of dirt remain in concrete. All of that will be removed from the site at the completion of you guys rebuilding this dam. Is that correct?

Yeah. Engineering wise, because I have that background.

I'm sorry.

Can you speak at the engineering wise? Yes. It's mandatory. We will remove and replace completely. We take anything that is, um, safety hazard totally out of, the repair.

So if you guys have to take some dirt to move it, to build it, that pile of dirt won't be left just sitting?

No, sir.

Okay. And you guys are willing to put a fence around the lake so that we don't have any tragedies in the city?

Around the lake, you said?

Yes.

Sure.

Yes. And that concludes my question, manager.

I have a question for the staff. with the repair and the rebuilding of the dam do you all anticipate any long-term impact to the stream bumper any type of long-term impact on the period of the repair as far as negative impact no negative impact because right now they're negatively impacting the committee someone's right repaired we feel that it will be it would help with the dam and but the

The negative effects that have already happened, I would leave that to the applicant to discuss, but we feel that once the dam is repaired, that it will be in good shape moving forward.

Okay, thank you. And that was in relation to the current constructors that are out there, being the Beavers. Right, thank you. Okay. Is there anyone else with any questions from the board? Yes, go ahead.

Question for the applicant, Mr. O'Donnell. Excuse me. The overflow, the emergency overflow, if you will, the pipe that is going to prevent the erosion of the dam, where is that actually going to flow to?

You mean if it overflows?

Yeah, in other words, there's going to be an overflow. You're going to have the earthen dam, then you're going to probably have some sort of standing pipe in there.

Well, we have a spillway.

Okay, the spillway. Where is that water going to end up going?

Well, at this point, the spill well is elevated over almost 20 feet. That dam has not overflown yet. 20 feet in over 100 years. So in case it does, we have a spill wall that's gonna be built right in front of the lake that if it gets to that height, it flows and goes back through the same direction where the normal flow of the water.

So is there a stream, if you will, behind the dam?

Yes.

A current natural stream?

Yes, naturally fed spring.

So it's going to basically feed back into that stream.

Correct.

Okay. Thank you.

All right. Yes, go ahead, Mr. Faraday, District 5. My question is regarding the notice requirements. Could you explain your notice requirement? I mean, explain what you did to... Mr.

Herring. Yeah, so my apology was... My staff put the documentation, which is very detailed and right and fine print. There was a phone number there that was supposed to reroute to our general number. in the office, but fortunately that number, I checked it out, technically the company that was responsible for rerouting those numbers, they're out of service. I mean, that's always been in the system all these years, but technology has changed, companies have folded, We didn't realize that was the case. So it wasn't intentional. It was just pure human error. And he called me, by the way. I apologized to him profusely. I also told him that my intent is not to harm the community. My intent is to help and build. Our community needs to be built in the right way. And I'm one of those advocates that do that. I tried to explain to him I have no intention to order anything that will help that community, if anything is to enhance it. I'm also a protege because I met the regional owner, Charles Blunt, back in the days in 2002. I was one, Mrs. Blunt, can I, I don't know if you remember me with Doug, Dr. Morris.

Yes. I was the one that originally proposed to buy the whole...

Please speak into the mic, sir.

I just want you to know this is me. I'm not your fly-by-night developer.

I have a vetted interest in that property, and I'm going to take care of it, okay?

So I apologize once again. It was intentional, and if he wants to talk to us, He can, but every single detail of what we're trying to do is all documented in the letter that was sent to the community.

Thank you so much. We still have a few more questions for you from Commissioner O'Donnell.

To answer some of these questions, why are you repairing this dam? What's your long-term goal? In other words, you get the approval to repair this dam. What's the next step?

Yes. This is a spin-off phase two land lots in the south division that we acquired. All right, and one of the requirements that will allow us to build those out is we're responsible for replacing the dam. So that's why.

Thank you.

Does anyone else have any questions from the board members? Any further questions?

I'd like to make a motion that we close. Public discussion regarding V26-004.

The chair will accept. I second.

I second.

All of those who are approved?

Aye.

Aye. All opposed? The motion has passed. The discussion with the board has now closed. Thank you so much.

Thank you, ma'am. Thank you for your time.

Just... Sir, we'll be done in just a minute. Go ahead and have a seat. We'll be done in just a minute. So at this time, we will go ahead and review. And do we need any final discussion, anyone?

All board members are, all minds are clear? Okay.

So at this time, we'll go ahead and Chair will accept a motion to take a vote.

Madam Chair, I move to approve application V26-004 with the caveat that there will be a fence placed around the lake for safety reasons. I second. All right. staff would you do a roll call the fence and your motion yes sir is that temporary or a permanent I would like to see a permanent and the reason why I don't know if you guys remember the story about the young child that wandered off went into the lake end up being found I want to say weeks later in the lake. The goal is to prevent, and that's why I asked was the lake accessible. I mean, it could be a fence with a gate to where the community, if they're going to use it, cool, but I just want some type of protection around the lake so that no underage children are able to access it, and we have a tragedy in our community.

Okay, thank you.

Can I say something? Yes, I have said yes for the fence, but the properties around the lake on the other side of our subdivision, like Mr. Haring, they need to know that's what we're going to do also.

Well, I'll amend my motion. I'll amend my motion, Madam Chair. Okay. I just moved to approve application V26.004.

And can we get that second? Second. Thank you so much. Staff, will you please call the roll for vote?

Commissioner Malcolm? Aye. Commissioner Patterson? Aye. Commissioner O'Donnell?

Aye.

Commissioner Piles-Faraday? Present. Commissioner Evans President what's your vote?

Oh, yeah, I'm sorry. Okay. Thank you With that being said the motion has carried And The meeting for the city of South Fulton's on the Board of Appeals right now. We'll go ahead and We will if there's no further board comments We can go ahead and take a motion to adjourn.

Move to adjourn.

Second.

No, during the, hold on one minute. Can we get a second? Second. It has been passed. All of those who approve? Aye.

Aye.

Yay. All those opposed? The motion is carried and it has passed. The meeting is officially adjourned. And thank you all to everyone and have a safe evening. But if you want to have a one-on-one, that's fine.