Zoning Board of Appeals - Regular Meeting

I'm sorry. Okay. May I have a motion to approve the agenda with the reflecting the change deferring the zone board of appeals commissioners vote um commissioner's election, excuse me. Yes. I move that we approve the uh minutes from the last meeting with the exception of the um deferral of the of the the deferral of the item on the agenda. Excuse me. Second. I second.

That motion has been approved. Has been second and approved. The next item is approval of Got I. We got a vote.

Oh, I'm sorry. As you can tell, I'm ready to get home. Uh, all in favor say I. I. I. All oppose. Nay. Let the vote reflect that it has been approved. The next item is approval of the minutes from last. Let's see. Is this the minutes from January 15th, 2026? Are there any corrections that need to be made or any modifications on this January?

Oh, this one. If there are no corrections, the minutes are approved as submitted. Or may I have a motion to approve the minutes? I move that we approve the meet the meeting minutes from the January 15th meeting, 2026. I second. Oh. All for all u all in favor. I thank you. All oppose.

Let the record reflect that we are moving forward. The motion has been approved. Thank you so much. You got me. Before this case begins. Uh this protects the record. The board is a quasi judicial body. All decisions must be based on the evidence presented and applicable zoning ordinance. Personal opinions or external information not entered into the record cannot be considered. We will now proceed with the hearing of case B26-00002. Staff, can you sound the application?

Yes. So again, we have case V26-002, an applicant by um Alex Mech Development for property located at Zero Fulton Industrial Boulevard in Zero Commerce Drive rear requesting a variance to section 14-17007 buffer and setback requirements to permit construction of a storm water detention pond within required 75- ft stream buffer. Staff recommendation is approval as the applicant has stated that the detention pond itself will not be located within the 75 foot stream buffer and the request is to establish a slope with the grading to occur with the buffered area located in district one.

Thank you. We are now we're now ready to go into public hearing. Uh will the applicant please come forward and present your request? Just as a uh disclaimer, please know that you'll have 10 minutes to present and if there are any parties that should happen to come in uh opposing or or in favor, they will have 10 minutes from the public as well. But as of right now, it's just you. So, you will have 10 minutes to present. Yes. And make certain that you uh give us your name and address.

Press press the middle for to turn red. Okay. Sorry. My name is Alex Gillum. Uh my address is 4014 Avalon Parkway in Kennesaw. Um may hand these out just as we can look at the same. So, I kind of laminated and cleaned up some of the pond area. Thank you.

We can all look at the same thing. But what what I was proposing on doing was you can see the red line on the bottom. That's uh about where the limits of the pond would start, which keeps us in compliance with the 25 foot EPD state buffer away from the stream. We would like to start our tow slope and run it up to about the black line, which is the top of the detention pond there where fence line would run. And what we were requesting was permission to go within the stream buffer and essentially uh stabilize and improve the whole buffer which I think runs about 305 ft there. Um and that's what we were looking to do. We wouldn't we didn't have the physical pond within the buffer. We just wanted to do a 2:1 slope through the buffer and extend it upward and start our have the top of the pond 75 ft away from the center line of the stream. Is that it?

Yes, ma'am. Okay. Um, so if you have any questions, do any of the board members have any questions for the applicant at this time? Close the public hearing. Okay, I need to close. I thought we were still in public when we're asking that questions to the applicant. Oh, just a clarification. You have to close the public hearing before the board can ask the questions. Thank you. Um, thank you all for your patience. I'd like to go ahead and ask for

Oh. Oh. Are there any I'm sorry. Are there any cards of opposition to this case? Okay. There are no cards in opposition. Okay. Thank you so much for that. Um, I would now like to make a motion to or for someone to make a motion to close the public hearing. A motion to close public hearing. Second. Um, uh, all in favor? I don't know why I'm struggling with that. Um,

all oppose? No. We will go ahead and move forward. Thank you so much, Matthew. At this time, uh, it is now time for the board to have discussion. Do we have any questions that we'd like to ask the applicant at this time? I just got just a um a question for clarification just to understand this will help make sure water is able to flow. Yes, sir. The slope itself like away from the street or

correct. Yeah. The water flow will stay the same as everything comes into the pond. So, uh it'll once the slope size established, it'll allow for um really improved water flow and stability in that whole area. Um and the discharge of the water going out of the pond is still in an improved drainage by the by the state. Gotcha. It's just the physical location of the pond is just shifting over. Um U Commissioner Patterson, good evening. So um I I this is a um a drawing. So I just wanted to understand is the slope going up or is the slope going down?

The slope would be going up from the stream side. Okay. So does that require you to create like a retention wall or anything to stack that or So there is an existing slope there now. So we would just be um you know improving that slope side. Right now it sits kind of like that. We would just be going in regrading it and establishing a better slope size. So it would steepen just a little bit but not by much. It would still be a you know I think the city code is a 2 to1 slope is what's required in the city of South Fulton and it will still be a 2 to1 slope running upward from the stream bank and it won't interfere with the 25 foot uh state buffer that's there.

And and the material that's over the soil what what's going to be over the soil? What like will establish the slope side? Um that will just be a plant a mixture of just trees, grass and seed. Okay. So once the slope side's done and it grows in it'll just reveate and we'll it will have an opportunity to reveate it with just you know the similar natural um seeds that are you know around the area and and from the top to back where the stream is the actual stream. How many feet is that?

Uh from the top down that should be about 50 feet. So, is there a barrier or anything to for to for protection or is it just if if I was walking there would it you know I would I could derano off of that um off the the edge where it's the top the top of the slope. Yes. So the top of the slope we're going to have you have to have an 8ft fence along the top of the detention. Yeah. So there'll be an 8ft fence sitting 75 ft away from that stream uh stream side on top of the bank. Thank you. No further questions. Okay. I I do have a question.

Uh since it is in my district, I just want to ask um if this is if this is approved, will you all maintain it and um to the level that it needs to be maintained for the area? Yes, absolutely. It'll still maintain to Georgia EPD standards and we're fine to sign off on that. And uh I don't know the correct word to I guess maybe to indemnify the city of Southmore where they don't have any responsibility into what we're proposing about putting there but it will be to EPD and state state code on for detention ponds and drainage. Okay. And how long would you all maintain it? Is there a time frame that you all would stop?

As long as we're as long as we're the property owners, we have maintenance of the of the pond area. Okay. Are there any other questions? Okay. Are there any other questions, Mr. M? Okay. Well, at this time, uh, is there a motion to close the public the discussion with the applicant? Um, I move that we clo come out of, uh, question and answers. I second. Those in favor say I. I.

Those opposed. All right, it has been said and approved, we are out of discussion with the board. Uh, now that there are no more questions, uh, would anyone like to go ahead and move uh for a motion? Can I make a motion? I didn't think so, but I'll thank you. Um, I'd like to go ahead and request, would anyone like to make a motion on this case? No more questions. I move to approve the application by U Almax. Yes, sir. Yeah. Development.

Um, as stated number Okay. Case number V is invicted 26-002. Anyone second? A second. It has been so ordered. All in favor, please say I. I. I. Any oppose? We will move forward. Your application has been approved. Thank you. We thank you so much for coming. Thank you all. Thank you for taking the time.

Um while Oh, here you go. There you go. Matthew, while we're still here um in a public forum, would you like me to go ahead and introduce the new board members? No, I didn't return the job. N

Oh, okay. Um, at this time we currently have new members on the board and uh for district 6 and a new member at large. Uh, we would like for you to introduce yourselves, tell us a little bit about your background and um we'll start with ladies first. Commissioner for district 6. Please introduce yourself and tell us a little bit about yourself.

Good evening. My name is Pette Deon and I represent it is my pleasure to represent district 6. Um I have been a a resident of the city of South Fton for 40 plus years and uh I'm coming as a retired educator and an advocate for the community. Thank you. Thank you. Point of clarification. Could Miss Devon state what she did previously for the city of South Fulton? Yes. I'm sorry. I was on the planning and zoning board. I was a commissioner at prior to coming

for how long? Three years. Nice. Welcome. Welcome, Mr. Malcolm. Um, my name is Mario Malcolm. Um, I've been in the city of South I'm a Atlanta native, grew up graded baby. Um, but I've been in South Fton for a few years now. Um, maybe since 2020, 2021. Um, and I previously served on the board of code enforcement. It wasn't three years, but I did serve on that board and I just look forward to serving alongside you all.

Well, we welcome you. We welcome you. Um, thank you for joining us and we definitely look forward to your input and all that you can do to help us through these cases. Vice Chair, could the remaining board members introduce themselves so that the new members may know who you all are? Yes. Go ahead. I I

Good evening. Um, I it is my pleasure to represent district number two. Um my name is Sonia Patterson. I have been a member of this board uh as a commissioner five year five four five years. Um and it is my pleasure to work along with this board. We have been um gotten the informal um notoriety for being what the best board in South Fton. So we are welcoming our new um commissioners and looking forward to working with you for the city. Thank you. Commissioner for district five.

I have the pleasure of representing district five. My name is Dedra Pals Faraday and I have been with the zoning board of appeals for one year. So this will be my second year and it's been a um great ride and a great team um to work with. And last but not least, I am Dr. Tony Blackshere. I am coming up on my third year on the board and it has been a great ride. Um, never knowing that I was going to go into politics, but it's got my gears going. I've learned a lot, especially from Matthew and from these other great commissioners that I've been working with. So, for you new members, you will enjoy this board. Um it will get a little challenging from time to time, but as long as we keep um our emotions um calm and the facts aligned, we can get through each case in a positive manner and we welcome you to the board. With that being said, if there's no further business, may I have a motion to adjourn? Um I move that we and end that we adjourn the meeting for April 16, 2026.

I second. All in favor say I. I. All oppose. Meeting is adjourned.