Zoning Board of Appeals - Regular Meeting

Good evening and welcome to the video. We are ready. Good evening and welcome to the meeting of the Council of Appellations for the zoning of the city of South Fulton. The Council of Appellations for Zoning is an almost judicial body established to listen and decide on issues that fall within the competence granted to us as the Council by the Zoning Law of the city of South Fulton. The Council considers issues such as variations, variation requests, other resources and issues properly presented to us. Now, our responsibility is to analyze each case individually, according to your request sent, and the evidence and statements presented, the applicable provisions of the Law of the City of South Fulton and the specific criteria that govern the request presented to us. The role of the Council is not to determine whether we are personally in favor or against the proposed undertaking. Our responsibility is strictly to determine whether the request presented to us meets the applicable requirements of the city zoning law. We ask that everyone participate and behave respectfully and professionally. All comments should be directed at me. As president The speakers must address the subject currently in discussion at the table. The table will hear the evidence presented, will ask questions and, as necessary, will deliberate on the subject and will make its decision based on the applicable criteria and on the record that is before us. We thank you for your participation and cooperation in the meeting tonight. I'm not sure if we're... Do you know if we're live with comments also online?

Right.

I just wanted to check because we want them to remain respectful too. Now we will continue with the call for the end of quorum establishment.

Maria Malcolm Marv Elder Tani Blackshear

Helder, can you turn on the microphone, please? My name is Presente.

Presente. Tani Blackshear. Presente. Sonia Patterson. Presente. Brian Donnell. Deidre Pylos Faraday. Rodney Evans.

Littles. Presentes.

Ah, everything.

Well, it must be my pseudonym, but I have no mandate against me.

Ursula Evans. We have a quorum.

Thank you very much, folks. The quorum has been established. And now we will move on to the date of the August 20, 2026 meeting. Is there any correction that needs to be made for this date? When I reviewed it, I didn't see any correction that needed to be made, but if anyone saw anything, no. The motion to approve the acts. Yes, the president will make a motion. I ask to approve the acts of the meeting of the Council of Appellations for Zoning on Thursday, August 16. The motion was archived and second. All those in favor? Say and. And. Anyone against? The motion was approved. Date of meeting? What date was it? August. I thought it was the 20th. August 16th. August 16th, 2026. It was approved. Then we will move on to the case. See? 2605. Officials, please introduce yourself.

This is case V260005, 475 Roosevelt Highway. The applicant seeks a variation of section 403.03, retreats, in table 4 of article 405, to reduce the frontal retreat of 40 feet to 25 feet, to reduce the rear cushioning of the northwest corner of 100 feet to 25 feet, to reduce the northeastern rear cushioning from 50 feet to 25 feet and to reduce the lateral cushioning from 50 feet to 25 feet to accommodate the development of a deposit installation. This is in District 3 of the Council and the team's recommendation is approval.

Thank you, guys. The President will accept a motion to open this to the public audience for case V26005.

Proponho que abramos uma discussão pública para o caso B2605.

Foi a moção. Muito obrigado por isso. Foi arquivado e apoiado. Todos os que são a favor.

Todos os que são contra. A moção foi aprovada e aprovada. Estamos agora abertos para a nossa audiência pública. The applicant has 10 minutes to present his request and anyone who opposes or is in favor also has 10 minutes. So I think we'll go ahead and hear the applicant. Please present yourself and indicate what your real address is. Or then the specific address of that place we are here to talk about.

Ma'am. Good evening. My name is Harry Bailey, attorney for the client. My address is 3630 Peachtree Road, North East, Suite 7000, Clark Hill, PLC. This is the... Our presentation is available. All right, thank you. Again, we have a variation request on Roosevelt Road with Rearside 2625, case number V2605- The property is located, as you can see on the screen, near the crossing of Roosevelt Road with Mason Road. and here is a plot of the property property zoned as industrial left the proposal is to build a 121,000 square feet deposit building you will see in the next slides that the reason for this request is the reason the request we are making comes directly from the format of this lot because it crosses with the right of passage as well as the extreme change of elevation from front to back These two things combined create unique conditions in this property that create a difficulty in relation to other properties, because they are zoned in a similar way. In essence, what this does is reduce the building area so that a building, as we are proposing, would not be allowed or could not be built without the variations we are requesting. And then the required variations are to reduce the frontal recoil from 40 feet to 25 feet, reduce the cushioning of the northwest corner from 100 feet to 25 feet, reduce the rear cushioning in the northeast from 50 feet to 25 feet and reduce the lateral cushioning from 50 feet to 25 feet. So, when you send a variation request in South Fulton, and in practically any jurisdiction in the state of Georgia, you have to be able to identify unique characteristics of your property that apply only to your property, that create difficulties in your property in this respect, or that you are trying to build. In this case, we have two. The first one here is a lot with an abnormal format... Sorry, I couldn't pronounce that word. In this case, this results in a diagonal intersection of the property lines with the street and the Roosevelt Highway. And this creates a situation in which it pushes the building much further away from the road, in one area, but brings it closer to the road in another, which allows us to have a frontal retreat that is adequate to the type of building that we are trying to build there. And regarding the second justification, there are significant changes in elevation in the front to the back, of more than 22 feet. The property suffers a decline accentuated from the front to the back of the land. And in normal circumstances, you may not think that it is a great circumstance or a big problem. But in this case, for an industrial property that is already zoned as industrial, for a 22-foot warehouse building, this is a big problem due to the amount of rainwater management area that needs to be built along with the property to accommodate the drainage of rainwater. And this forced the rainwater drainage area for the detention lagoon to be located at the back of the building, at the back of the property, which requires the request for a reduction in the rear water supply area. So, I think it's important to note that these two things combined create these unique properties that result in unnecessary difficulties if the strict application of the code were applied. So, when you request variations, you can't just go and say, hey, look, we have these problems that are exclusive to us and we want you to give us relief without trying to do something to minimize these things, without trying these things. And then, in our case, we made several mitigation efforts to minimize the impacts of any impact, if you prefer, in the neighboring properties. So, this property went through several iterations of different low plants to try to get the low plant that worked best for the place. And the one we chose was the one that is in front of you today, because it has the least impact on the neighbors. And what we did was take the truck area in the property and move it away from the residential. There are two residential lots in the upper corner of the property and we wanted to make sure that we would move these truck areas away to the other side of the building. What this does is allow noise, light and interactions with trucks to be protected and blocked from residential properties. And then we also did landscaping and triage, in addition to what we are obliged to do to minimize the impact on adjacent properties. And with that, I'm going to rest and reserve the rest of my time. As always, as part of this process, we reserve our constitutional right to appeal under the State Constitution and the ZOA. Thank you.

Excuse me. President of the panel, the space is open for questions from the panel.

So, is there any other comment from any side? In favor or against? No, no other statement. Very well, so I would like to propose that we now move on to the part of the questions. I make a motion to move on to the questions of case V 26005. Second. All in favor say and. And. All against.

Let's go to the questions, to this public discussion. Yes, you can continue.

Yes, I noticed the elevation here, as you indicated, because it passes near this map, in the back, where there will be the drainage and water retention. Was this taken into consideration when they bought the place originally? Did they know that this was a problem?

I don't think they knew that this would be a problem in itself, but it was certainly something that was considered highly recommended.

I don't think it was necessarily a problem. And the size of the property to be developed here has not changed because of the problems of the site. No, we bought the property as it is and we did not make any changes to it. No, the proposed development. The building that would be built on it did not change based on the acquisition of the site. Your original plans to build the building, the square footage, etc. This has not changed since you bought the site originally.

Originally, it was installed where the truck yard was on the left side. And when we turned, the square footage remained the same to accommodate the boats on the west side.

Can you give me your name and address, please?

Yes, thank you for taking some time tonight. My name is Zach Geary, from Enlight Real Estate Partners, the requierent... And your real physical address? My real physical address is 81620 A1A North, Suite E21, in Ponte Vedra Beach, Florida. So, the site was originally planned as a truck yard on the west side of the site, which would work with the inclinations. But, for... Limiting the impact on the West lots, we turned the yard into trucks and, in fact, we are working against the inclination now, because it tilts from east to west. And that limits the daily quantity and also increases the cost associated with development.

Based on the request of the communities to move the base.

No, this was our proposed plan to help mitigate the valuation request.

I also have a question. Hmm, what request are you making?

I noticed that West...

North. Although I remember when I was looking at the original plant, Northwest. Of the plants you gave us, there are residential ones. So, do you all want to go back to the backyard of these residential ones?

No, ma'am. So, if you look at the plant from the site, you insist on having a function of red light. Well, I'll stop here. Okay. I can get the microphone.

Because when I looked, it seemed very close.

So, the two residential lots we're talking about are located right here.

Here.

Remember, Zé, that there are houses on that property working now. Are they or not?

They are not working. I understand that. However, although they are not working, they are still residential. There may be potential buyers who want to consider buying this property at some point, but who would want to move or move closer to a deposit that is so close, that has the potential to be so close to your backyard?

Understood. That is why we created the attenuating factor of doing additional landscaping in that area to protect even more the building from these residential areas. It's not just a 25-foot recourse, but it's also an additional 10-foot recourse for improvements that we have to respect. So, in total, it's 35 feet more protection and cushioning that are in the area now.

Okay. I have a question. Proceed, Commissioner Parra. If you don't mind coming back, it's hard to see, even in my printed copy here, but you can indicate where the access doors are, because I assume they are for trucks. Right, so they stay on this side.

That's what I was mentioning earlier about the attenuating factors to keep them away from it.

So this side here will be the parking lot for vehicles for employees.

And where is the additional landscaping? Around the entire façade and on the sides here.

So there is a service in this property division that I see? No. Right, so it's just a straight cut of the property where this is located, and then the other property. Thank you. Can I ask a question to the team? Team, can I ask a question, please? As far as services are concerned, what is the rule, norm or protocol on this? When we talk about a company that is established so close to residential areas, without a transit service there, Existe uma lei sobre isso?

Não, quando... Desculpe. Reggie McLendon, Diretor de Desenvolvimento Comunitário e Assuntos Regulatórios. Então... Você pode ter que me ajudar aqui... Porque eu quero ter certeza do que eu entendo o que você quer dizer quando fala de servidão.

Só perguntando se existe... that gap of land, that gap of service between the warehouse and the residential area, even if the residential area behind it is not active. And when I looked at those houses, I think both could have been burned. But if someone wanted, is it necessary to have a service there? I think that's what I'm asking. And that's just because you don't know?

Yes, so I think... My problem in answering your question is that, Servidão, it's a legal term. So, I can be thinking about it differently from what you wanted to say. What do you mean by that? Or can I be wrong? We can be thinking about it the same way.

I'm not a lawyer, so I definitely know I'm not thinking about it the way you probably are. So...

protection is applied to the property and they are asking to reduce the protection and, therefore, there is protection in this particular plot. This would be applied and there would also be protection in other properties where... I believe I understood correctly, some abandoned residential houses, or maybe not a house, but they are residential properties there would also be protection and recourse in these properties that would apply to that plot and therefore there would be space that could not be developed in the residential plot and in this particular plot So the question I was trying to do before is the reason why I'm asking is that the dotted lines in this

drawing, sorry. And there is something that indicates what that means. It seems that there are a few words, but it's too small for me to see what these words are saying. So, if you go to the bottom of the image, there are two lines pointing to where these dotted lines are. So, what I was trying to clarify is what this is indicating. There is a line of the property line and then inside it, on the right, there is a My traced line. The traced line. The perforated line.

In this area.

And it goes to the end and contours.

It's a series of 20.

That's what I was trying to ask. Right.

So.

From this line, perforated to the solid line, there are 25 feet. Right.

Ah, this is the total.

It's 35 feet per... The extra 10 feet. ...of the landscape.

The recourse of the improvement of the landscaping of the landscape.

And what I was asking in the previous question was for you... show where it was. This landscape... I wasn't sure yet. It was like...

This first line that you see is your retreat line. Then there is a second line between this retreat line and this second line, which is your landscape cushioning zone. So you will have a retreat, and in addition to this retreat, you will have additional landscaping between this retreat line and the landscape cushioning line.

For a total of 35 feet?

Total of 35 feet, you are correct.

And... I also have another question. The residential that is behind that property or that land has been confirmed to be abandoned and there is no property of anyone.

Well, I'm sure someone is the owner, but there is no activity in the place.

We don't know, right? So someone found out who is the owner of the property back there?

We don't send letters to everyone who lives around the property, but there wasn't. Answer.

And I just asked this question for you to know. A possible future headache, maybe, you know. Anyone else in the council has any more questions? Right. Well, at this moment we have no more questions for you, gentlemen. The word for a motion to close the public discussion. President, I ask that the public discussion be closed. I... I...

I am.

Oppose. Oppose. Commissioner Lito.

I agree, yes.

Right. And Commissioner Ursula. Right.

Right, the count is three, three yes and two no. The motion was approved.

The request was approved. Thank you, gentlemen.

We thank you for your time. At this moment, if there are no more subjects to be dealt with, I will open the floor to a motion to close this audience tonight. Excuse me.

There are no more subjects to be dealt with, but we have a new member in our council. So, as usual, if we want to ask her to be present, Introduce yourself to us and to the world that is watching on YouTube.

Reginald. I completely forgot this. Elder. My apologies. Thank you.

I appreciate it. My name is Marva Elder. I'm representing District 3.

Sorry.

My name is Marva Elder. I'm representing It's...

It's...

It's...

Okay. It's on. Just like that. Just lower the volume for this. I can see you online.

My name is Marva Elder. I'm representing District 3. I'm excited to be here. Thank you very much for welcoming me. I've been living in the city of South Fulton for nine years and I'm looking forward to the opportunity to work with all of you. So thank you very much. I appreciate it.

Well, we thank you for your presence here, and once again, my apologies, we are anxious to work with you. Thank you very much again, Regina. And team, thank you again. Candidates and gentlemen, as representatives of this registration, we thank you for your time, and it was requested and supported. This meeting is over. Have a good night on YouTube.