Zoning Board of Appeals - Regular Meeting

I'm waiting on that guy. Okay, we're going to go ahead and call to order the January 15th, 2026 meeting of the zoning board of appeals for the city of South Fulton. Staff, will you call the role for us, please?

Dr. Blackshere. Miss Patterson present present. Mr. O'Donnell present. Mrs. Plaz Ferdick present. Miss drone present. Miss Evans we have a quorum.

We have a quorum. Thank you. All right. Uh, has everyone had a chance to review the uh, minutes from December 18th meeting? If so, and if there are no issues, I'll be happy to take a motion on those minutes. I move to approve the minutes from the December meeting. I second. It's been probably moved and second to accept the minutes of December's meeting. All in favor say I. I.

I. I. All oppose. Hearing none. The minutes from last month's meeting are accepted. All right. Getting to new business. See, we have a long list of things to do this evening. First one being case V26-00001. Uh, Mr. Matthew, you want to read this into the record for us?

Absolutely. So, case V26-001, the address is 2370 BED Road. The applicant is requesting um uh requesting variances to section 6.02 02 for off streetet parking proposing 161 parking spaces when 453 are required for a variance of 292 spaces to section 405.02 for parking lot landscaping. They are proposing a reduction of required landscape islands from one island for every four spaces to one island for every 15 spaces. They are seeking a variance to section 401.01B 01B for 32 spaces for the required in the required 40ft zoning buffer to section 401.01A to reduce the landscape strip on the western side from 10 ft to 5 ft. They're requesting variance to section 401 405.01B to eliminate the zoning buffer and improvement setback in the front yard of the development. They also are seeking a variance to 405 uh 01B to elim to eliminate the zoning buffer and improvement setback on the rear yard of the development. And lastly to section 43.03 for a front yard setback variance of 9 ft. Staff is recommending approval.

All right. Staff is recommending approval. Uh are the petitioners here? Uh you're going to have 10 minutes if you choose to present and state your case for the board. And are there any uh registered speakers in opposition? We have no cards in general. So if anyone speaks, they need to fill out a card. Okay. No cards in general. So that mean you haven't signed up to speak as well. Uh, do you want to sign up and speak or you want us to just go to discussion?

Speak. Yes, I speak. I will also like to add I forgot. So, this case is part of a reasonzoning that was done. Um, the city council approved it in November 10th of 2025. And then the reference case is Z25.05 uh I'm sorry, Z25-025 for 237 Better Road. Just want to put that into the record. Yeah, I actually witnessed that. uh city council meeting online. I'm going to fill out the card. Just uh state your name uh and your address for us for the record, please. Okay. My name is Chhattorii Phillips for 2370 BET Road, Atlanta 30349.

Okay. Move forward.

Yes, ma'am. Go ahead. So yes, back in November, we had um the zoning approved from C1 to C1 to remove conditions on the property. And with that, we wanted to also get the variance approved for our building. The building um size sits right on the buffer. Um so we have reduced the usage of the building to be able to meet the requirements of the 453 parking spaces. Um, so we're not utilizing the entire building and we reduced it so that way we can get the approved parking spaces reduced to uh, I believe it was 150 parking spaces. Um, so our lot um, will be able to accommodate the number parking spaces that we need along with an adjacent lot um, that we've gotten approved to use as an additional parking um, to be able to meet the full number of required parking spaces. So with that, we just asked for a variance for the landscaping to be able to meet the parking requirements and for the building size.

Okay. All right. You you can stay there for a second. I want to see if anybody on the board has any questions for you. I'd like to make a motion that we open public comment. Right. Okay. You ready to go into public comment? All right. Make your motion. I'd like to make a motion that we uh go into public comment for case V26-001 2370 Berdet Road. Second. It's been properly moved and second to go go into public comment on V26-00001. All in favor say I. I.

All oppose? Nay. hearing none. The motion passes and we are in public comment on V26-00001. Uh this is in city council district 6, I believe. Is that right? Yes. Yeah, you can stay there, ma'am, please. And so, uh given that, we're going to start the line of questioning uh with our district 6 representative, Miss Natalie Jerome, as is our custom. Good evening. How are you?

Good. How are you? I am good. So this seems pretty straightforward. Uh the decision uh for recommendation of approval is based on hardship criteria that exists uh and because of and I'll quote here uh the number one hardship criteria outlined in the zoning code states the application of the particular provision of the zoning ordinance to a particular piece of property due to extraordinary and exceptional conditions pertaining to that property because of its size, shape, or topography would create an unnecessary hardship for the owner while causing no detriment to the public. Uh I agree with that finding and I at the appropriate time would uh recommend approval as well. Um, I looked at the um graphic and I have uh I'm familiar with the property itself and I don't have any additional uh questions or objections. It seems that as you stated, you've gotten approval for use of a lot adjacent to the property. Uh there were two suggested solutions to the parking problem. Uh, is it the World Changers lot that was approved for you?

It was the lot um directly next to us. It's the um Okay. It's a restaurant that was the ghost kitchen that's there and we've got approval to use that parking lot and we're going to actually build out the parking lot. Okay. Is that the one that provides 95 parking spaces or is it something else? How many parking spaces do you get out of that adjacent lot to you? Yes, it's the 95 parking spaces. Okay. [snorts] Um, I don't have anything further. Thank you. Miss Faraday, you have any questions? I don't have any question. I don't have any questions at this time.

Mr. O'Donnell. real quick. Uh I'm assuming this is going to be a uh some sort of business with hours as far as the sports complex. Uh what are the expected hours on Sundays? On Sundays it's just for competitions. So typically it's from 12 to um 6. Okay. And I'm understanding your overflow is with the church. Will they be having hours or anything conflicting at those hours as well on Sundays? No. Has that been worked out? Yes, it's been worked out. We had a contract with them and provided them with our um calendar for the year. Very well. Thank you, Miss Patterson.

No questions. No questions from Miss Patterson and I don't have any questions. As I said, I witnessed the uh city council meeting and I've looked over the uh paperwork. Plus, I don't vote unless there's a tie. So given that uh I'll entertain a motion from the board if there's one coming. Motion to close public comment. Second. It's been properly moved and second to come out of public comment on V26-001. All in favor say I. I. I.

Any oppose? Hearing none, we are out of public comment. And given that status, I'll be more than happy to entertain another motion at this time from anyone on the board. I move to approve case V26-00001. I second. It's been properly moved and second to approve V26-00001 2370 Berdet Road. All in favor say I. I.

All oppose? Nay. hearing none. Motion passes and your variance is approved. Congratulations and good luck to you staff. Is there any uh anything you need to go over with us before we take another motion?

Okay. All right. At this time, uh, board, uh, I would like for somebody to, uh, officially move the, uh, Sant town emblem case, although I think most of us agreed, uh, via email that that date worked for us. Uh, we need it official. So, I think we agreed February 3rd, uh, but we need a motion to, uh, get that on the agenda officially. So, is there somebody comment with the motion for us? I'll make a motion that we defer until February 3rd the appeal heard uh by the zoning board regarding u the emblem at Sandtown Plat uh land disturbance permit and part partial IDs 14F09 LL1 1137 14F 0109 LL0311 and 14F 0108 LL02 205 to a specially called meeting on February 3rd at 6 p.m.

Second. It's been properly moved and second to defer the Sant Town emblem case as we refer to it to a special call meeting on February 3rd. All in favor say I. I. I. All oppose? Nay. Hearing none. That motion passes and sent town emblem is officially February 3rd. Anything else staff? That is all. All right. So, I'll take another allimp important motion from the board. Motion to adjurnn. Second. Probably moved and second to adjurnn. All in favor? I. I. I. Any oppose? Nay. Hearing none. We are a jerk.