Zoning Board of Appeals - Regular Meeting

[snorts] All right, happy November, God's favorite month. We're going to go ahead and call to order the November 20 City of South Fton zoning board of appeals meeting. Uh, staff want to call Rhourse.

Yes. Mr. Johnson, present. Dr. Blackshere, present. Miss Ma Miss Patterson present. Mr. Matthysse present. Mr. O'Donnell present. Miss Pies Ferd present. Miss Evans. We have a quorum. All right. Uh has everyone had a chance to look at the uh minutes from last month's meeting? Yes. Yes. Would anybody like I might take time to go over it if everybody had hadn't had a chance to review it.

If there are no questions or issues, I'll take a motion on regard with regards to last month's minutes. I move to accept the um minutes for the zoning board of appeals meeting held on October 16th, 2025 as submitted. I second it. It's been properly moved and second to accept the minutes from last month's meeting. All in favor say I. I. I. I. All oppose say nay. Hearing none, the meeting the meeting minutes for last month are approved and entered into the record. [clears throat]

All right. Uh staff, you want to call us the uh first item here. Good evening. I would indulge the board for the opportunity to make an announcement. My name is Carlos Alexander. I'm the assistant city attorney with the city of South Fulton. I want to refer the board to agenda item number two regarding an appeal uh for administrative decision regarding emblem at Sandtown. I want to alert the board and the public that this item must be deferred from tonight's agenda. It cannot proceed because the statutory uh notice requirements have not been met for this type of uh administrative appeal hearing. So this item will have to be deferred to the next meeting. Okay, Mr. Alexander, thank you so much. Uh, as a matter of formality, uh, do we need to take a vote on that or that's just

I think just to keep everything clean, we can move the agenda, um, make a motion to move that item to the first agenda, defer it, and then move on to the second item, which will be for the for the public hearing for the case that's being heard. Okay. Anybody want to uh do us the privilege of making that motion? I make the motion to grant the request to defer it. Don't need to be specific in the uh in the in the reading of it. I second. It's been properly moved and second. All in favor say I. I. I.

Any oppose say nay. Hearing none. that's been uh deferred until next time we meet again. All right. Uh staff, you want to brief us on uh item V25-015, 2820 Brookfort Lane?

Absolutely. Case V25-014. The address is 2820 Brookfield Lane. The applicant is is seeking a variance um to section 404.03, 03 table 4, the area regulations for lot and principal buildings for a home addition to exceed 19 ft into the 25 ft rear setback for a total rear setback of 6 ft. This is in city council district 2. Um as noted in the staff report, we understand the applicant's um medical hardship. However, per section 808.09 under hardship criteria, these are the criteria that we must go by. Uh therefore staff found no hardship for the applicant. Therefore we are we are requesting a denial.

All right. I'll take a motion from the board to open up public comment on item V25-015. I move that we open discussion public comment on V25-0152820 Brookford Lane. I second that. It's been properly moved and second. All in favor say I. I. [clears throat] Any oppose say nay. Hearing none. We are in public discussion for V25-015. Is the petitioner here? Yes. Thank you. My first comment I'm sorry.

Please state your name and your address and tell us whether you are a citizen of city of South Fton. You're going to have 10 uh minutes to present your case. You can reserve time uh at your leisure if you want to stop and pause. Uh is there anybody here in opposition other than what staff has said? We have no cards in opposition, but we do have another card for the case. Okay. In support of. Yes. In support of. Okay. So, you you'll get 10 minutes total for your side. So, if you want to allow time for the other person here on your behalf to speak, uh, just keep that in mind. I'm the person in charge. Yes, ma'am. I understand that.

First off, the planned, uh, addition is not 19 ft. Can Can you state your name for us? I'm sorry, I haven't done this before.

Greer is my first name. G R E R. Geger is my last name. G E I G E R. and I'm the owner of the property at 2820 Brookford Lane. Um, as I purchased the property, I didn't know anything about setbacks. I'd never I've done remodeling, built a home, but I'd never done it in an HOA. So, I learned about this after the fact, but the the [clears throat] actual intended amount is 15 ft. And the original home was likely constrained by those setbacks. So the bathroom is only 5 by 7 ft. I can't access it with my wheelchair or my walker. The door covers the shower. The the tub is only like 5t long. And the counter is only like 2 and 1/2 ft from the tub and the shower. in the toilets. There's no room for um you know, grab bars and and that kind of thing. Um so I had planned to fix that and create an accessible space where I can come in with my wheelchair or my upright walker and access the toilet, access the tub and the shower without impediment. And so the the planned extension has to do with accommodating those kinds of needs. I had spoken with the um the president of the HOA and she has no problems with what we're trying to do and said she had signed off on it. I don't know if that's something that you have in written form or how that works, but she Jennifer Thompson is comfortable with our doing what we're trying to do. I brought some pictures so

that you can visualize what we're talking about. The planned extension is just rearward in and there's just mature trees behind the house which is not a sailable lot. it's not encroaching on a neighbor and then stonewall tail runs right behind those trees. So what we're trying to do won't interfere with anybody and then the entire yard is enclosed by a fence. The construction would be entirely within the fence, won't encroach on my neighbor to the left or the right. I'm just trying to accommodate my physical needs, which the house in its current form is inadequate to to do, but it it won't interfere with anyone. And if anything, I've improved the property substantially. It's been vacant for two years with trees growing on the roof, and I had all of that stuff removed. So, it's already an improvement from from what it was. But, uh, did did you have any other comments? All right, you finished it. I'll speak to

But um it wouldn't hurt anybody. It wouldn't interfere with anybody. And if anything, the neighbors are happy to see me fixing it. [snorts] Sorry. Okay. But the Oh, I'm sorry. But the uh you can keep if you Yeah, it is only 15 ft, not 19 ft. Thanks.

[clears throat] Good afternoon, staff. Good morning. I am the contractor for Mr. Greer and state your name for us, please. I'm sorry. Ike Dendy. Okay. Go ahead, Mr. Dendy.

Yes, we'll be doing all the proposed construction from the existing structure. As she indicated before, it's not going back that far. Matter of fact, I looked I brought the site plan site plan showing that we are the the 25 ft setback would come back which is set up by the county. We will only be encroaching past that 10 ft altogether. You we're not going back no more than 13 to 15 ft as she just indicated. So that's I think that's that stands. It's not that noticeable. You won't even notice that it extends beyond anybody else's. So yes. Yes, sir. Is that is that the extent of y'all's presentation? Yes, that's that's what we have to go.

It won't be something that neighbors could even object to because it's behind fencing in the backyard. Okay. All right. At at this point, I'll take a motion to close public discussion and then board can go into any questions that they may have. Clarification. Is there a comment that has to be read now before we close? Did you You had a comment. There was a comment to support. It was I'm the one that Yes, ma'am. I'm the one that filled it out. Yes, ma'am. Thank you. I make a motion to close the public discussion. I second. It's been properly moved and second to close public discussion on V25-015. All in favor say I. I.

Any oppose say nay. Hearing none, we are closed on public discussion. As is our customary, we're going to go to the uh representative on the board who is from that district. And so, Miss Patterson, uh do you have questions to begin with? Um I have one question. How um have you talked to neighbors on either side of you? Just Well, I've not met one, but you know, we acknowledge each other. I did talk on the other And neither of them,

I'm sorry, neither of them had any concerns. And as I mentioned, I spoke personally with the HOA president. Um, and she's familiar with the property, has seen it, and has no problem with what we're trying to accomplish. Did you happen to get anything from the HOA president in writing that just She said she had signed off on it, but I don't know what form or whatever she's talking about. Her name is Jennifer Thompson and I'm certain she would corroborate that uh because we talked about it a couple of times in preparation for for this. Okay. Thank you,

Mr. Johnson. Yes, I do have a question. Uh Mr. Ike, this question is for you. Yes, sir. I'm looking at it from an airplane view. It this house really is the more narrower house in between the other two houses. Correct. That's the picture I think you got circulating around. I just got it in a color version. Yeah. Right. That one and that one. Yes, sir. So, you just really trying to match that one or that one? That's correct. That's all. We just extend 15. Yeah. The max. And it's just for ADA. That's correct. Pretty much ADA compliance. I'm sorry. Speaking to the mic so we could

It's not just for us, but for people on on this at large. Yeah. You know the the current bathroom is only 5 by seven ft and the door covers the shower. There's no room to turn around with the wheelchair or or the walker [snorts] and that you right off the bat I said, "Oh god, this has to change." But that's before I knew about all of this setback stuff. Yes. [laughter] But what I'm doing is separating those. The tub, the shower, and the toilet have their own space. Right

now, I can come in and access the tub, access the shower, and access the toilet where I can have grab bars to stand up. In the current configuration, I wouldn't be able to do any of that. To totally understood. And to what Miss Patterson was just speaking, no one, none of your neighbors so far have given you any push back. No, not at all. If anything, they've been happy to see me there because it's been an albatross for two years with overgrown shrubs and and and everything and I've cleaned it up substantially. But they've been quite friendly, welcoming. No one's had any concerns or complaints. And as I said, it won't even be visible to the neighbors because it's behind the fence.

I can see that. I'm looking at it. Uh, thank you, ma'am. Thank you. Dr. Black, you have anything? No, not at this time. I'm u the lead of the district chair, Mr. O'Donnell.

If the committee were to uh Please tell your mic back up. If the committee were to delay or defer for one month, do you think uh what type of hardship would that provide to you as well as uh your uh contractor?

Uh sorry, primarily financial because I was expecting to be in the house by now and I'm having to rent an apartment, pay for storage, storing my um furnishings and everything. Uh, so it it's financially a hardship. We've been waiting two months so that we could go on and finish. And I built a whole house in six months before and I've had this house since June. And I'm I'm I'm stuck. I I can't make for I ordered windows and doors and all of that stuff. Not anticipating this kind of problem. So I'm committed. I've I've already committed to those doors and windows and stuff for the space we're talking about. [snorts] Um, so yeah, another month would cost me about $2,500 between renting an apartment and storage and all of that.

And one follow-up question with that. If um if the case was deferred one month, do you think you could provide the uh committee with written documentation from your neighbors as well as the HOA that they uh agree to the expansion? I do what I got to do, but you know, I I have to go and ask them. I know Miss Thompson would and I she said she had signed off on it, but I again I don't know what form or whatever she was talking about, but I'm certain that she would, you know, if you have a form or something that you want her to fill out, I can take it to her. Just any kind of statement, if you will, would be probably amendable to the

to the board. I just I I believe you, but at the same time, I I just need some documentation, you know, in terms of the that they're willing to accept it rather than um Well, compared to what it was like before, this is a major improvement, right? [snorts] And I can show you the before pictures. I understand. But uh no, I'm I'm happy to do what's necessary, but the sooner the better. I mean, I'm on hold with contractors trying to pour foundation and and all of that kind of stuff. And that takes planning, getting people lined up to do the work. Miss Faraday, did you have anything? This is your primary occupancy or This will be your primary occupancy?

Yes, it will be my only residence. And so you're just trying to um do like an ADA accommodation so that you're able to I bought the home in a very rundown condition. And there's a covered patio in the back that had a roof leak and it's all rotted wood and and the like. So I got to tear that down and um so I as I bought it, I bought it realizing that I could fix it right and and that's why I bought it planning to fix it and then I've run into all of this and [laughter] I can't fix it. Anyway, okay. That's the only question that I have. Mr. roll. Good evening.

Yes, ma'am. Um, so I have a few questions. Um, the first one is how long ago did you buy the home? How long ago? What did you purchase the home? June 24th of this year, 2025. Yes. I've relocated here from Northern California. Atlanta is my hometown, but I left after college and haven't been back to live until now. Okay. Was it your intention when you bought the home to do this addition to to Oh, yeah. The day I saw it, I knew it needed that area fixed.

So, I wasn't afraid of doing that. So, that's why I went ahead with the purchase, but it needed some help. And I think the reason it's configured the way it is is because of those setbacks. So, they squeezed it in to the setback, but it's got an inadequate bathroom. I mean, for a master bedroom 5 by 7 ft, you can't even get two people in there at the same time. But, [snorts] um, at any rate, yes, when I first saw it, I said, "Okay, I've got to change this part to accommodate." Okay. And I just want to make sure that I'm clear on the facts. You are only looking to make changes to the bathroom,

the master bedroom, and bath. Okay. So the the total um expansion just to the rear is a total of 15 feet and that includes a couple of feet in the bedroom and then the bathroom. I'm having to recreate what's needed in the bathroom from scratch. Okay. So the paperwork that we have and that you received a copy of states that the variance has an encroachment of 19 ft and that's incorrect.

Okay. And so I've I I've heard two different things. I heard 15 feet from you and you uh sir when you were speaking you said between 13 and 15 ft. So for point of clarity I don't know if there needs to be any adjustment uh to the application if it's not your intention to have a setback from 19 ft uh but to actually adjust the application to between 13 and 15 ft. So, can I get a point of clarification from the city on that? What needs to be done if anything? I think the applicant stated that he put on the application 19 ft. But from our standpoint,

um, as long as it's not above it, so the legal advertisement is you can advertise above, but you can't advertise below. So, for example, if we advertise for 10 ft, it'll be an issue. But we advertise for 19 ft, it's actually 15 feet, there's no issue from our standpoint. Okay. The signage says 19 ft, the sign in front of the house, and we have not had any any complaints or or anything. Okay, thank you for that. Um, so all of the work that is proposed to be done is going to be within the confines of the fence. Nothing is going to be outside of the fence. Correct.

And there will be room between that and the fence. So, it's not right up to the fence. It'll be well well short of the the fence. Okay. So, but it's entirely enclosed by the fence. Um, have you had a chance to review the hardship criteria that the city of South Fulton um uses to make a determination as to whether or not

No, I I haven't. Uh, but 5 by7 ft immediately wasn't in in adequate when I first saw the place, but I knew I could fix it. So, I I didn't question it. I I didn't run into this until the application was denied.

Okay. Um because we have specific hardship criteria uh specifically section 8008-09. Uh and there are a few different uh hardships that are listed. And my question to you would be uh if you would like a variance based on a hardship, what specifically would your hardship criteria be that fits within what the city of South Fulton uh deems a hardship? It's it's not driven by hardship, but the existing structure is grossly inadequate. Period. even if I wasn't in a wheelchair, you know, the door cover and the shower, it it's just too small. Uh but in addressing that, I can also address accommodation needs like grab bars and things like that, which the current bathroom wouldn't be able to accommodate.

All right. Thank you for that. And just for the record, I want to make sure that I read which should also be in the paperwork that you received um what the staff analysis and recommendation as states um and this is a quote. The applicant stated in their letter of intent that the purpose of the home addition and setback encroachment is due to current health condition of the home owner and the configuration of the house which does not allow her ease and comfort. The proposed addition will include the expansion of the master bedroom, master bathroom, and the existing sun room. With the rear edition, the total square feet of the house will be 2700 square ft. End quote. [clears throat]

Those are not those are not my words. That's somebody else writing that. Is it accurate? Does it reflect? It doesn't state it like I would. Okay. Um, please go ahead and tell me how you would

that the expansion of of the bedroom is accommodate my furnishing needs uh to make sure my furniture will fit in the space. But the bathroom was grossly inadequate, which is what the majority of that expansion is, is to provide adequate space with adequate access where I can get to the tub, the shower, and the toilet separately. And then I can have grab bars by the toilet, grab bars by the tub, grab by bars in the in the uh shower, and I'll be able to access the closet area without obstacles. Um, but that would be closer to how I would describe it. Um, as opposed to how they translated that. Um, but it's, you know, it's it's pragmatism. I'm trying to make it usable for my needs because I plan to be there until the end and so I'm trying to get it substantially correct where no further changes would be needed.

Thank you for that explanation. So I haven't heard any mention of the sun room thus far. So, is there going to be any um addition regarding a sun room as described from what I read? The sun room is illustrated in the architectural drawings. The current covered patio is rotten from water damage from a bad roof leak that has been neglected. It's been sitting like that for a couple of years. So, it can't be rebuilt. It It has to be torn down. And then I was gonna put a sun room in its place. Okay.

Uh I'm a I'm a retired doctor, but I'm an artist and the sun room is so that I have a pl place where I can do my artwork and and that kind of stuff. Okay. So the back patio um you intend to demolish that sun room and the sun room will fit right in the setback that's already there. I'm just change taking that structure away because it it's not worth rebuilding and then replacing it with something suitable for my interest. But all of that is within the setback. So that that's really not the big issue. The the big issue is the bedroom, bathroom. [snorts]

Thank you. I have no [clears throat] further questions. All right. Well, let's go back to uh Mr. Johnson. We're going to come back down this way. You had a more question. Yeah, I did. I just want to do a quick followup, Miss Miss Geger. [clears throat] Uh, basically though, this it's more ADA. You're trying to get more ADA compliance. Correct. Big time. That's really what your the bathroom is is pretty much all about that because the current bathroom is is not timable. The toilet's right next to a five foot tub. is next to a shower and the door blocks the shower and the the vanity is like that far from the tub. It It's just not You're trying to get where you can

Yeah. The reason I'm asking that is because I I've got family member that deal with with ADA issues. So, you just really trying your best to be more ADA compliant for that piece of it. Correct. Yeah. Well, it's a safety issue. I've just I've just had back surgery. Yes. from some degenerative spine changes. I have balance issues that are neurologic. They're going to be permanent. That's never going to be normal, right?

And so my reality is that I'm going to need to use my walker right now. I'm having to use the wheelchair in part because of balance. I had a complication with my surgery that has caused my blood pressure to drop. uh they damaged a nerve and so standing and walking is not safe. I fell and cut my head because I passed out. So, so I need to be able to maneuver safely. We understand. Black should you have anything? Um no, I really don't have any questions. I just more so

um I understand exactly what you're experiencing um because I was a caregiver. Oh, okay. Of both of my parents. So, I understand fully where you're going and what your needs are. And uh I commend you for and I'm trying to be still working through and and being independent. And I chose it cuz it's a single story. Uhhuh. And it had all it's about 500 less square feet than my last house and I'm trying to fit my stuff in there. I understand tonight and and representing yourself and speaking on your behalf. All right. If there are no further questions, I will entertain a motion from the board at this time. I think

I'd like to make a motion to come out of Do we need to come out of questions first? Right. We need to move I would like to move that we uh close questions on V2 0152820. I second. Yeah. Probably moved and second. All in favor say I. Any oppose? Nay. Hearing none, I'll take a motion from the board at this time. Miss Pson, you have the floor.

Yes. Thank you. I would like to I move that we approve um V25015 on the grounds that you do have a uh enclosed area that should not cause too much disruption from a viewpoint of your neighbors. um the fact that you didn't have any opposition um that was presented and to accommodate your needs as the homeowner. Um period. I second. I second. It's been properly moved and second to approve V25-0152820 Brookfort Lane. All in favor say I.

I. Any oppose? Nay. Nay. Hearing none. Nay. name. Okay. Staff, did you you get that for the record? All right. So, uh, my ears discern that the yays have it, but staff, you want to take a roll vote? Yes. Um, Mr. Johnson? Yes. Dr. Blackshere? Yes. Yes. Miss Patterson? Yes. Mr. O'Donnell? I. Miss Paws further. I approve. M Miss M. Nay, the eyes have it.

The eyes have it. So, congratulations. Uh, your variance is approved. Make you a proud citizen. [laughter] You already have. Thanks. Happy holidays. I already have. I don't play around. I try to do a solid job and I'm neighborly and my neighbors are already Yes, ma'am. because we're just going toward the trees in the street. We're not bothering anybody. That's all. Are you new to Are you new to City of South Pole? Yes, I was in the Cascade area. Okay. For elementary through college. Oh, nice.

And then I went away overseas for a year for foreign study scholarship and then I came straight to medical school in Boston. So, I haven't been back to live since 76. So, why go back? But I knew Southwest was the place to be. [laughter] Yes. I don't have to deal with all of that traffic. [laughter] 15 minutes from the airport. Camp Creek Marketplace is there. I'm a happy camper. I'm in traffic. There you go. So I deliberately chose being Thank you. Happy holidays. The staff has anything else for us?

We do not. Happy holidays. Okay. So, at this time, we'll entertain another motion. Hang on a second. I'm sorry. I'm sorry. Okay. We've got a question on the floor for Miss Patterson. It's It's an internal discussion. It's an internal point um that I wanted to uh get clarified. Um I wanted to understand if there was a requirement an attendance requirement for um commission um members for this board. There is and we can see that code section off the top of my head. I don't know it but uh we can research it and send it out to everyone. Okay. if

so this is from section 5-601 6001 membership terms um this is E under removal um two and it says zoning board of appeals members shall automatically be removed from the board if they miss two consecutive meetings without permission of the chair of if the board member fails to or if the board member attend uh fails to attend at least 75% of the board meetings in a 12-month period. Thank you. Thank you. All right. Um so we'll entertain another motion. Make a motion to adjourn. I second.

Okay. Properly moved and second to adjourn. All in favor say I. I. I. There are no nazs. Happy holidays.