Nov 05, 2025 Board of Appeals

[I. Call to Order]

[00:00:06]

WE'RE CALLING THE SANDY SPRINGS BOARD OF APPEALS MEETING TO ORDER. WOULD EVERYONE PLEASE BE SEATED? MR. CLARK BROWN, WILL YOU DO THE ROLL CALL IN THE GENERAL ANNOUNCEMENTS, PLEASE?

[II. Roll Call and General Announcements]

BOARD MEMBER JASON BODWELL HERE. BOARD MEMBER FRED JEWELL HERE. BOARD MEMBER NATHAN GUENTHER HERE. BOARD MEMBER SUSAN MAYER. SHE'S ABSENT. BOARD MEMBER KIM GAY. YOUR ATTENDANCE HAVE BEEN CONFIRMED AND WILL BE INCLUDED IN THE OFFICIAL MEETING MINUTES. NOW, I WILL READ THE ANNOUNCEMENTS REGARDING THE DECORUM AND THE PROCEDURES OF THE BOARD OF APPEALS MEETING.

THE BOARD OF APPEALS DUTY IS TO REVIEW AND DECIDE ON APPEALS OF THE DIRECTOR'S ADMINISTRATION.

I'M SORRY. EXCUSE ME. ADMINISTRATIVE DECISION ON INTERPRETATION OF THE DEVELOPMENT CODE. APPEALS REGARDING APPROVAL OR DENIAL OF A PRELIMINARY OR FINAL PLAT WITHOUT ANY DEDICATION. A VARIANCE AND VARIANCES FROM THE STANDARD OF THE DEVELOPMENT CODE. THE PETITION WILL BE HEARD IN THE SEQUENCE LISTED ON THE POSTED AGENDA. FOLLOWING ARE SOME OF THE RULES AND PROCEDURES FOR THIS PART OF THE MEETING. THE APPLICANT AND ALL THOSE SPEAKING IN SUPPORT OF THE APPLICATION WILL BE ALLOWED A TOTAL OF TEN MINUTES TO PRESENT THEIR PETITION. THE APPLICANT MAY CHOOSE TO SAVE SOME OF THE TIME FOR REBUTTAL FOLLOWING THE PRESENTATION BY THE OPPOSITION, THE OPPOSITION WILL BE ALLOWED. THE OPPOSITION WILL BE ALLOWED A TOTAL OF TEN MINUTES TO PRESENT ITS PETITION. SINCE THE BURDEN OF PROOF IS UPON THE APPLICANT, THE APPLICANT WILL BE ALLOWED TO MAKE CLOSING REMARKS PROVIDED TIME REMAINING FROM THE ORIGINAL ALLOTTED TIME. STAFF WILL KEEP TRACK OF THE TIME FOR BOTH SIDES. THOSE CALLED TO SPEAK WILL WILL BE TAKEN IN THE ORDER THAT THE PUBLIC COMMENT CARDS WERE RECEIVED BY THE PLANNING AND ZONING CLERK PRIOR TO THE BEGINNING OF TONIGHT'S MEETING. ALL SPEAKERS WILL IDENTIFY THEMSELVES BY NAME, ADDRESS AND, IF APPLICABLE, ORGANIZATION. BEFORE BEGINNING THEIR PRESENTATION. DEMONSTRATION OF ANY SORT WITHIN THE CHAMBER IS PROHIBITED. SO PLEASE REFRAIN FROM ANY APPLAUSE, CHEERING, BOOING, OUTBURST OR DIALOG WHEN THE PERSON IS SPEAKING. PLEASE SHOW THE SAME RESPECT TO THE PERSON SPEAKING THAT YOU WILL EXPECT TO RECEIVE. THE APPLICANT SHALL NOT SUBMIT MATERIALS TO THE BOARD OF APPEALS DURING THE MEETING. ALL MATERIALS SHOULD BE SUBMITTED TO THE COMMUNITY DEVELOPMENT DEPARTMENT AT LEAST 21 DAYS PRIOR TO SCHEDULING MEETING FOR INCLUSION IN THE NORMAL DISTRIBUTION OF PACKAGING OF THE BOARD. THANK YOU, MADAM

[III. Approval of Meeting Agenda]

SECOND. DO WE NEED TO CORRECT THAT? I WON'T GET THERE. GOT IT. SECOND, ALL THOSE IN FAVOR SAY AYE OF APPROVING THE MEETING AGENDA CHAIR VOTES I IT'S UNANIMOUS. AND NOW WE'RE

[IV. Approval of Meeting Minutes]

[V. Cases]

[00:05:13]

THE DEVELOPMENT DOES NOT ENCROACH INTO THE 40 FOOT REAR SETBACK MORE THAN 16FT, AND THAT THE CONSTRUCTION BE SUBSTANTIALLY SIMILAR TO THE SITE PLAN RECEIVED BY THE COMMUNITY DEVELOPMENT DEPARTMENT ON OCTOBER THE 17TH, 2025. THANK YOU. THANK YOU,

[00:10:04]

WE'RE SO EXCITED THAT AFTER 38 YEARS WE WILL HAVE MORE SPACE, BUT THE EXACT SAME WALKING PATTERN TO THE BEDROOM AREA AS WE HAVE TODAY IN A MORE ACCESSIBLE DESIGN. OUR EXISTING LAUNDRY AREA IS A TINY CLOSET IN THE KITCHEN THAT SHARES DUTY AS A KITCHEN PANTRY, AND IT IS SO OVERCROWDED IT'S A HAZARD. WITH THE RENOVATION, WE WILL HAVE A DEDICATED KITCHEN PANTRY HAVING AN ACTUAL LAUNDRY ROOM ADJACENT TO THE BEDROOM FOR SENIORS LIKE US REDUCES OUR RISK OF FALLING. WHILE ESPECIALLY ME, WHILE CARRYING A VERY HEAVY BASKET OF CLOTHES DOWN THE ENTIRE LENGTH OF THE RANCH HOUSE. WHAT ARE THE ALTERNATIVES? WELL, YOU SAW THE SMALL BACKYARD, THE SIDE YARD ON THE EASTERN SIDE OF THE PROPERTY NEXT TO THE KITCHEN.

THAT'S WHERE WE HAVE BARBECUES FOR FAMILY, FRIENDS, THEIR DOGS. THAT'S WHERE GRANDCHILDREN CAN SWING ON THE PLAYSET THAT MY HUSBAND BUILT 30 PLUS YEARS AGO. FOR OUR OWN KIDS, THIS WOULD BE ELIMINATED IF WE EVEN CONSIDERED THAT AS A POSSIBILITY. AND TO US, IT'S UNACCEPTABLE. STAFF'S REPORT ON PAGE 12 OF 14, ITEM ONE D STATES QUOTE THE PROPERTY RETAINS ADEQUATE, BUILDABLE AREA ALONG ITS EASTERN SIDE, AND IT GOES ON TO SAY, QUOTE WOULD RESULT IN AN INCONVENIENCE RATHER THAN AN EXTRAORDINARY HARDSHIP.

RESPECTFULLY, STAFF IS INCORRECT. THIS WOULD BE A TREMENDOUS HARDSHIP AND WOULD BE AN INFEASIBLE PROPOSITION, GIVEN WE ARE SIMPLY ADDING 400FT■S TO THE EXISTING MASTER BEDROOM AREA, MOVING THE PROJECT, AS STAFF SUGGESTS, WOULD MEAN DOING WAY MORE THAN 400FT■S, WHICH IS OUR ONLY INTENTION. IT WOULD REQUIRE MOVING AND ENLARGING THE ENTIRE MASTER BEDROOM SUITE. IT WOULD BE COST PROHIBITIVE, AND IT WOULD NOT BE AN ACCEPTABLE ARCHITECTURAL RESIDENTIAL DESIGN. WHILE STAFF DID NOT SUGGEST DOING THE PROJECT ON THE FRONT SIDE OF THE HOUSE, THE TOPOGRAPHY WOULD BE A TERRIBLE CHALLENGE. IT WOULD BE COST PROHIBITIVE. IT WOULD REQUIRE REMOVAL OF HERITAGE TREES WHICH SURROUND ALL OF OUR

[00:15:06]

AGE IN PLACE WITH A RENOVATION THAT WORKS. IN CLOSING, I'D LIKE TO READ THE VERY SHORT LETTER WE RECEIVED FROM OUR HOMEOWNERS ASSOCIATION THAT YOUR STAFF INCLUDED IN THEIR REPORT. THE LETTER WAS WRITTEN BECAUSE WE ALSO NEEDED A VARIANCE FROM THE NEIGHBORHOOD, WHICH HAD A 25 FOOT SETBACK REQUIREMENT. AND I QUOTE YOUR NEIGHBORS ARE FINE WITH THE ADDITION, OF COURSE, AND NOT CONCERNED WITH THE PROXIMITY TO THE PROPERTY LINE. YOUR VARIANCE IS APPROVED. I'M HOPEFUL YOU WILL HAVE NO ISSUES WITH SANDY SPRINGS OBTAINING A WAIVER FOR THE 40 FOOT BOUNDARY LINE. YOU MAY TELL THEM THE HOA AND YOUR NEIGHBORS SUPPORT THE WAIVER. I THANK THE BOARD FOR YOUR CONSIDERATION OF OUR VARIANCE REQUEST. THANK YOU. WE I'M SORRY. I'M GOING TO BE VERY QUICK. WE ALSO BROUGHT A DRONE VIDEO. I'VE GIVEN IT TO THE I'M SORRY, I'M BLANKING ON HER NAME AND AND SOME PICTURES THAT ARE IN ADDITION, THE INTENTION OF THAT IS TO ATTEMPT TO SHOW YOU THE PERSPECTIVE OF OUR HOUSE AND THE NEIGHBOR'S HOUSE SO THAT YOU CAN KNOW FOR SURE THERE'S NO IMPACT. I THINK THE PICTURES YOU HAVE SHOW THE PROJECT, BUT THIS WOULD SHOW PERSPECTIVE OF OUR HOUSE TO THE NEIGHBOR. IS THAT PERMITTED? DOES ANY OF THE BOARD WANT TO SEE ANY DRONE VIDEOS? 30S THAT'S ALL. 30S WE HAVE TO DECIDE AS A BOARD. OKAY. ALL RIGHT. OKAY. THE. I HOPE GIVE ME A SECOND TO PLUG IT IN. I DIDN'T PLUG IT IN BECAUSE I DIDN'T. AND I THINK I THINK THAT YOU'VE GOT THE PICTURES AND YOU'VE GOT THE EMAILS AND TEXTS THAT WE RECEIVED FROM OUR FROM OUR NEIGHBORS. AND IF IT TAKES TOO LONG, YOU'VE GOT THE PICTURES THERE. I THINK ONE OF, I THINK 1 OR 2 OF THE PICTURES THAT YOU HAVE IN YOUR HANDS DO SHOW A PERSPECTIVE OF OUR HOUSE TO THE NEIGHBOR'S HOUSE. IT'S THE DRONE SHOWS US SO MUCH BETTER. BUT IF YOU PREFER TO MOVE ON, I UNDERSTAND. I FOUND IT. THE ONLY CONCERN I HAD WAS PLUGGING SOMETHING INTO THE EQUIPMENT, BUT IT'S UP NOW.

OKAY, SO THESE ARE THE SAME PHOTOS. I THINK IT'S FILE NUMBER TWO. THAT'S A VIDEO. I'M SORRY IF I MAY APPROACH MARY. THESE ARE THE PHOTOS IN THE STAPLED HANDOUTS YOU ALL HAVE.

AND THE NEIGHBOR'S DRIVEWAY IS ON THE FAR RIGHT. OKAY, THERE WE GO. YOU CAN SEE THAT OUR PROJECT IS VERY FAR AWAY FROM THE NEIGHBOR'S HOUSE. AND AND THEY'RE ONE OF THE NEIGHBORS THAT GAVE YOU THE INFORMATION TO SAY THAT WE'RE IN SUPPORT, THAT WE'RE FINE WITH YOUR PROJECT. THEY WE WANTED TO MAKE SURE THAT THAT THEY WERE COMFORTABLE WITH THIS PROJECT, AND THEY ASKED FOR OUR DRAWINGS. AND AT THE END OF THAT LITTLE PROCESS, THEY WERE PERFECTLY FINE WITH IT. AS WAS THE HOMEOWNERS ASSOCIATION. IS THAT THAT'S THE END OF THE VIDEO. IT WAS VERY BRIEF. OKAY. IS THERE ANYONE HERE IN SUPPORT? YES, CHAIR. I HAVE ONE THAT WAS IN SUPPORT. I HAVE A TOM WILLIAMS FIRST. IS THE APPLICANT FINISHED WITH THEIR FIRST THEIR PRESENTATION? YES. YES OKAY. MR. WILLIAMS, STATE YOUR NAME AND YOUR ADDRESS PLEASE. MY NAME IS MY NAME IS TOM WILLIAMS. I LIVE AT 175 NORTH MILL ROAD, SANDY SPRINGS, AND I HAVE A

[00:20:05]

AND WE HAVE LOTS OF SUPPORT. SO HOPEFULLY YOU GUYS WILL APPROVE THIS. ANY QUESTIONS FOR ME OR THANK THANK YOU, MR. WILLIAMS. IF WE HAVE QUESTIONS IT WILL BE AFTER WE CONCLUDE THE PUBLIC PORTION. ANYTHING FURTHER FROM THE APPLICANT? OKAY. THEN THAT WILL CONCLUDE THE PUBLIC PORTION. AND NOW WE'LL TURN TO THE. WAS THERE ANY OPPOSITION, ANY ANYONE HERE IN OPPOSITION OKAY. THANK YOU. THAT WILL CONCLUDE THE PUBLIC PORTION. AND NOW WE WILL DISCUSS IT AS A BOARD. AND ONE OF THE THINGS THAT IS IMPORTANT IS THAT THE DEVELOPMENT CODE GUIDES US IN WHAT OUR DECISION MAKING IS, AND THAT'S WHAT WE ARE TO LOOK AT AS TO WHAT THE CITIZENS OF SANDY SPRINGS DETERMINED THAT THEY THOUGHT WAS IMPORTANT. AND ALSO IT ALSO GIVES US HOW VARIANCES SHOULD BE GRANTED. AND SO THAT'S PART OF HOW WE LOOK AT CASES THAT COME BEFORE US. DOES ANYONE HAVE ANY QUESTIONS OR FOR THE APPLICANT OR FOR MR. WILLIAMS? I JUST HAVE A QUESTION ABOUT THE. IT'S PROBABLY MORE FOR THE SOMEBODY AT THE CITY. THE VIDEO THAT WE JUST SAW SHOWED THE NEIGHBOR JUST TO THE REAR OF THE HOUSE, THAT THE DRIVEWAY WAS OFF OF THE REAR SETBACK. WHICH FEELS MORE LIKE A SIDE SETBACK FOR THAT NEIGHBOR THAT WOULD BE LOOKING AT IT. AND THE SIDE SETBACK IS SIGNIFICANTLY LESS THAN THE 40 FOOT REAR SETBACK.

AND THAT'S THE CUL DE SAC PROBLEM THAT I THINK WE WERE JUST TALKING ABOUT. AND SO IS THAT CORRECT THAT IF THAT WERE A SIDE OF THE HOUSE, IT BEING CLOSER TO THAT DRIVEWAY WOULD STILL BE FARTHER AWAY THAN WHAT OUR SETBACK IS FOR A SIDE SETBACK IN A SIMILAR SITUATION? OKAY. SO IF I UNDERSTAND CORRECTLY, FROM THE NEIGHBOR'S PERSPECTIVE, THE DRIVEWAY, DRIVEWAY, THAT NEIGHBOR. SO IF THEY'RE ADJACENT TO THE SUBJECT PROPERTY, IF IT WAS THEIR SIDE AS OPPOSED TO IT BEING THEIR REAR NOW, YES, IT WOULD BE CLOSER THAN WHAT THEY HAVE NOW AT THE 40 FOOT REAR SETBACK. THAT WOULD BE A LOT CLOSER WOULD BE ALLOWED IN THAT CASE, RIGHT? IF THAT WAS THEIR SIDE AND NOT THEIR REAR. RIGHT? CORRECT. OKAY. THANK YOU. AND MR. WILLIAMS OR THE APPLICANT, WOULD EITHER ONE OF YOU WANT TO ADDRESS THE COMMENTS MADE BY THE BUILDING OFFICIAL? SURE. I DON'T HAVE THOSE. CAN YOU READ THEM TO ME? IT TALKS ABOUT THE SEPTIC TANK WOULD LIKELY NEED TO BE RELOCATED ON THE SEPTIC FIELD, WOULD DEFINITELY BE RELOCATED. THERE WOULD BE REQUIRED ADDITIONAL LAND DISTURBANCE. AND THEN I WANTED TO ALSO ASK YOU ABOUT A WORKABLE ALTERNATIVE. OKAY, SO THE SEPTIC TANK IS GOING TO BE

[00:25:03]

THE HEALTH DEPARTMENT INSPECTOR HAS BEEN OUT AND LOOKED AT IT, AND WE'VE MADE APPLICATION AND PAID THE FEE. HE'S GOING TO APPROVE IT AND HE'S GOING TO APPROVE IT WITH US STRAIGHTENING OUT THE TANK, TAKING OUT THE OLD AND PUTTING IN A PLASTIC ONE AND THEN CONNECTING TO THE EXISTING LINE. AND WE'RE NOT GOING TO HAVE TO DO ANY OTHER WORK TO IT. AND IF YOU WERE OKAY WITH THE VARIANCE AND WANTED TO MAKE IT CONDITIONAL ON ME GETTING YOU THIS INFORMATION, I PROBABLY WILL HAVE IT IN THE NEXT, PROBABLY IN THE NEXT 4 OR 5 DAYS. HE'S ALREADY GOT IT. HE'S ASKED TO PAY THE FEE. WE PAID THE FEE. HE'S BEEN OUT AND LOOKED AT IT. THIS IS THE HEALTH DEPARTMENT. THANK YOU. AND THE APPLICANT ADDRESSED ABOUT THE ALTERNATIVE, WHICH WOULD REQUIRE NO VARIANCE. BEING THE ALTERNATE LOCATION WHERE IT COULD BE THAT WOULD NOT REQUIRE A VARIANCE AND WOULD EITHER THE APPLICANT OR YOU, MR. WILLIAMS, WANT TO SPEAK TO THAT? DO YOU WANT TO SAY OR I CAN GO AHEAD. WELL, IT'S JUST IT'S JUST THAT ON THAT END OF THE HOUSE, YOU'VE GOT YOU'VE GOT THE KITCHEN AND THE GARAGE AND IT KIND OF DEFEATS THE POINT. YOU'VE GOT A MASTER BEDROOM ON THAT END OF THE HOUSE. EVERYTHING'S EVERYTHING'S SET UP AND READY TO GO FOR THAT. AND THEN AS THEY SAID, IF YOU DO THAT ADDITION IN THE BACKYARD, IT'S GOING TO IT'S GOING TO DESTROY THAT BACKYARD. IT'S THE ONLY FLAT SPOT THEY'VE GOT ON THE ENTIRE LOT. AND IT'S A IT'S NOT A GREAT PLACE FOR THAT FOR THAT UNIT TO GO. TWO ADDITIONAL POINTS I'M SORRY. NOT NOT ONLY THAT, BUT WE'RE JUST DOING A 400 FOOT ADDITION. IF SOMEBODY WERE TO SUGGEST THAT WE MOVE THE MASTER SUITE DOWN TO THERE, WE'RE TAKING THE ENTIRETY OF WHAT WE HAVE NOW, PUTTING IT THERE. SO IT'S A WHOLE LOT LARGER. MAYBE. MAYBE. YEAH, 600FT. SO IT'S NOT THE SAME.

THE OTHER THING IS, IT MAY BE TRUE THAT WE CAN DO THAT PROJECT THAT'S BEING SUGGESTED, THE 600 SQUARE FOOT OR MORE. THERE. I DID A I DID A PLAYSET IN THAT AREA. AND WE'RE SO CLOSE TO THE PROPERTY LINE WHERE THAT PLACE IT IS, I'M JUST HAVING A HARD TIME BELIEVING THAT WE CAN EVEN DO AN ADDITION THERE OF THE NATURE THAT THAT'S BEING. BUT PERHAPS WE COULD. AND IT'S MORE IMPORTANT. THE FIRST POINT I MADE IS THE MORE IMPORTANT POINT. IT'S JUST OUT OF THE QUESTION THAT WE COULD DO ANYTHING THERE. IT WOULD BE A TOTALLY DIFFERENT PROJECT, MASSIVE HARDSHIP. IT'S NOT JUST A BONUS AREA THAT WE'RE DOING.

THIS IS A SERIOUS PROJECT THAT WE'RE TRYING TO DO. THANK YOU. ANY ANYONE ELSE? I JUST HAD A QUICK CLARIFYING QUESTION. DID I HEAR YOU SAY THAT THE HOMEOWNERS ASSOCIATION HAS A 25 FOOT BUFFER AND THE CITY HAS A 40 FOOT BUFFER? THAT'S RIGHT. THE HOMEOWNER ASSOCIATION WAS ENACTED WELL BEFORE THE CITY. YEAH. AND THEIR LETTER THAT MY WIFE READ TO YOU IS THE LAST PART OF THE REPORT, STAFF'S REPORT. IT'S ACTUALLY INCLUDED IN STAFF'S STAFF'S REPORT. IT WAS IN OUR REPORT. YEAH. ANY FURTHER DISCUSSION? AND IF NOT, IS THERE A MOTION? I'LL MAKE A MOTION. I RECOMMEND APPROVAL OF VARIANCE V 2539 FOR A REQUEST FOR VARIANCE FROM 6.1.2. B, WITH THE FOLLOWING CONDITIONS. THAT THE DEVELOPMENT DOES NOT ENCROACH INTO THE 40 FOOT REAR SETBACK ANY MORE THAN 16FT, AND THAT THE CONSTRUCTION BE SUBSTANTIALLY SIMILAR TO THE SITE PLAN RECEIVED BY THE COMMUNITY DEVELOPMENT DEPARTMENT ON OCTOBER 17TH, TITLED I'M GOING TO GET THIS WRONG, HAYAT SITE PLAN. IS THERE A SECOND? SECOND? OKAY, ARE YOU READY TO VOTE? ALL THOSE IN FAVOR SAY I. I ANY OPPOSED? CHAIR VOTES. AYE. IT'S UNANIMOUS. VARIANCE IS APPROVED. PLEASE CALL THE NEXT CASE. THANK YOU. CHAIR 20250012V25-23 20 2940 COLE'S WAY A REQUEST FOR A VARIANCE FROM SECTION 9.2.3.2 TO ALLOW FOR A POOL AND A SITE ELEMENT TO ENCROACH INTO THE 70 FOOT IMPERVIOUS SURFACE SETBACK AND 50 FOOT VEGETATIVE

[00:30:05]

HERE IS THE AERIAL IMAGE THAT YOU CAN SEE. THAT IS AN IRREGULAR SHAPE LOT ON COLE'S WAY. HERE'S THE SURVEY WHERE YOU CAN SEE THE SINGLE FAMILY HOME AS WELL AS THE BUFFERS.

RIGHT. THE PARCEL IS DEVELOPED ON AN ACRE LOT WITH A TWO STORY HOME AND A TWO CAR GARAGE, LANDSCAPED REAR BACKYARD DECK, STAIRS, AND A FIRE PIT. THE HOME WAS BUILT IN 1987, AND THE CURRENT HOME OWNERS PURCHASED THE PROPERTY IN 2022. A STREAM RUNS ALONG THE PROPERTY LINE TO THE WEST, WITH THE STREAM BUFFERS ENCOMPASSING THE MAJORITY OF THE PROPERTY TO THE EAST, INCLUDING THE HOME. THE NORTH PORTION OF THE PROPERTY NEAR COLE'S WAY IS WITHIN THE CHATTAHOOCHEE RIVER CORRIDOR AS WELL. TO THE TO THE RIGHT IS A PICTURE OF THE FRONT OF THE HOME, AND THE IMAGE IS TO THE REAR OF THE HOME. I'D ALSO LIKE TO POINT OUT YOU CAN SEE THAT THERE ARE MANY. YEAH, YOU CAN ALSO SEE THAT THERE ARE MANY SLOPES AND HILLS HERE. THE TOPOGRAPHY IS SOMETHING THAT WE ALSO CONSIDERED. NEXT. RIGHT. HERE'S THE SITE PLAN. YOU CAN SEE THE STREAM BUFFERS AND THE TRAILS. THE APPLICANTS ARE PROPOSING TO CONSTRUCT A 12 BY 25 POOL AND A 680 SQUARE FOOT PAVER PATIO THAT ENCROACHES INTO THE 50 FOOT NATURAL, UNDISTURBED VEGETATIVE BUFFER AND THE 75 FOOT IMPERVIOUS SURFACE SETBACK ALONG THE REAR OF THE SOUTHWEST PROPERTY BOUNDARIES. THE POOL AND PATIO WILL ADD 3.8% TO THE IMPERVIOUS SURFACE. STAFF CONSIDERED THE PHYSICAL CHARACTERISTICS OF THE PROPERTY, LOCATION OF THE BUFFERS, AND PROTECTIVE RESOURCES. STAFF HAS FOUND THAT THE STREAM AND ASSOCIATED BUFFERS POSE A CHALLENGE TO DEVELOP THE PROPERTY. NEXT, GO TO THE NEXT ONE. ALL RIGHT, SO FOR THE RECOMMENDATION, STAFF RECOMMENDS APPROVAL OF VARIANCE V DASH 2523 WITH CONDITIONS. A REQUEST FROM SECTION 9.2.3 TO ALLOW THE CONSTRUCTION OF A POOL AND PAVER PATIO TO ENCROACH INTO THE 50 FOOT NATURAL, UNDISTURBED VEGETATIVE BUFFER AND 75 FOOT IMPERVIOUS SURFACE SETBACK. IF THE BOARD CHOOSES TO APPROVE, STAFF RECOMMENDS THE FOLLOWING CONDITIONS. THE APPLICANT MUST PROVIDE STORMWATER MITIGATION PLAN BY A REGISTERED DESIGN PROFESSIONAL AT THE TIME OF PERMITTING, AND THAT THE CONSTRUCTION MUST BE SUBSTANTIALLY SIMILAR TO THE PROVIDED SITE PLAN AS PART OF THIS APPLICATION. THANK YOU, THANK YOU. IS THERE ANYONE HERE TO SPEAK ON BEHALF OF THE APPLICANT? PLEASE APPROACH THE PODIUM AND STATE YOUR NAME AND ADDRESS. FOR THE RECORD, I'M FIRST. GOOD EVENING, MADAM CHAIR. GOOD EVENING. I'M TOM FLOWERS. I RESIDE I15 HEADWIND WAY IN ALPHARETTA. OKAY. I'M HERE ON BEHALF OF THE OWNER OF 2940. OKAY. AND I GOT JUST A FOLLOW UP. THE TEAM DID A GOOD JOB HERE. I'M SORRY. THE TEAM DID A GREAT JOB. THEY FIGURED IT OUT. ONE THING THAT DID NOT COME IN COMMON WAS WE ARE REMOVING AS MANY SQUARE FEET IN THE BUFFER ZONE THAT WE ARE ADDING BACK. IT'S SIMPLY REPURPOSING THE DIRT. AND I DID NOT HEAR THAT ONE. MY SECOND COMMENT IS THIS STAFF AND THIS TEAM IS AWESOME. I'VE WORKED WITH A LOT OF THEM. THEY I'M PROBABLY NOT TELLING YOU SOMETHING YOU DON'T ALREADY KNOW, BUT YOU'RE NOT TELLING ME SOMETHING I DON'T KNOW. YES, BUT THEY UNDERSTOOD THE ISSUES. THEY UNDERSTOOD DIRT. THEY KNEW

[00:35:03]

THANK YOU. OKAY. IS THERE OKAY. THANK YOU. IS THERE ANYONE HERE TO SPEAK IN SUPPORT OF THE APPLICATION? IS THERE ANYONE HERE TO SPEAK IN OPPOSITION TO THE APPLICATION? HEARING NO ONE TO SPEAK IN SUPPORT OR IN OPPOSITION. THIS WILL CLOSE THE PUBLIC PORTION. AND WE WILL NOW TURN TO THE BOARD TO DISCUSS IT AS A BOARD. DOES ANY BOARD MEMBER HAVE ANY QUESTIONS ABOUT FOR EITHER STAFF OR THEIR REPRESENTATIVE, MR. FLOWERS FOR THE APPLICANT? I HAVE A QUESTION FOR THE APPLICANT ABOUT THE RECOMMENDATION FROM THE ARBORIST ABOUT THAT IT WOULD REQUIRE TO ADHERE TO THE TREE CONSERVATION ORDINANCE. THAT'S CORRECT. THEY'RE GOING TO BE SEVERAL TREES. BASED ON THE ORIGINAL TREE SURVEY, IT APPEARS THAT THE OWNER HAD TAKEN DOWN NUMEROUS OF THE EXISTING TREES. WHEN I SAY NUMEROUS THREE OR 4 OR 5, I DON'T REMEMBER WHAT THEY WERE IN THE DISCUSSION WITH HIM. IT WAS AGREED THAT NOT ONLY WOULD WE MITIGATE THE BUFFER, BUT THAT WE WOULD PRODUCE A TREE CONSERVATION PLAN AND MITIGATION AS NEEDED. THAT'S WHAT WE'RE MOVING TOWARD, IS MY UNDERSTANDING. THAT'S WHAT THAT MEANS. NOW, IF I WAS THEM AND I WOULD BE PUTTING THIS EFFORT OF THIS BUFFERING, THE BIGGEST PRESSURE ON THIS BUFFER THERE HAPPENS IN A DIFFERENT AREAS WITHIN THE 50 FOOT. THERE'S YOUR PRESSURE. IT'S NOT THE RIPARIAN SECTION. YOU'VE GOT PRESSURE IN THAT POINT. AND YOU NEED TO SHIFT THAT AND PUT YOUR MITIGATION, YOUR STORMWATER, YOUR YOUR VEGETATION. IN MY OPINION, I'M NOT THERE TO DO THAT. DID YOU HAVE ANY OTHER QUESTIONS? I'M MORE THAN THANK YOU. AND I HAVE A QUESTION FOR STAFF. IS THAT ONE OF THE RECOMMENDATIONS OF STAFF THAT THE RECOMMENDATION THAT THE ARBORIST HAD PUT IN. SO HE THEY PUT IT IN AFTER, LIKE MR. FLOWERS SAID. SO IT'S THERE, BUT THEY'VE ALREADY STARTED, THEY'VE ALREADY REPLANTED. AND SO THEN THERE'LL BE MORE PLANTINGS THAT WILL COME ALONG WITH THE PERMIT. YES. ANY FURTHER QUESTIONS, ANY FURTHER DISCUSSION? ANYONE? DOES ANYONE WANT TO BRING A MOTION? I'LL MAKE A MOTION TO APPROVE VARIANCE, TO AGREE WITH STAFF AND APPROVE VARIANCE V 2523 WITH CONDITIONS. REQUEST FOR RELIEF FROM SECTION 9.2.3 TO ALLOW THE CONSTRUCTION OF A POOL AND PAVER PATIO TO ENCROACH INTO THE 50 FOOT NATURAL, UNDISTURBED VEGETATIVE BUFFER IN THE 75 FOOT IMPERVIOUS SETBACK WITH THE FOLLOWING CONDITIONS. THE APPLICANT MUST PROVIDE A STORMWATER MITIGATION PLAN BY A REGISTERED DESIGN PROFESSIONAL AT THE TIME OF PERMITTING, AND THAT CONSTRUCTION MUST BE SUBSTANTIALLY SIMILAR TO THE ONE PROVIDED. THE SITE PLAN PROVIDED AS PART OF THIS APPLICATION. IS THERE A SECOND? SECOND? ALL THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED I OPPOSITION OKAY. THERE'S ONE IN OPPOSITION. AND THE CHAIR VOTES I. IT PASSES WITH ONE OPPOSED. MISS. THANK YOU SIR. THANK YOU.

THAT IS ALL MR. MISS BROWN PLEASE CALL THE NEXT. THANK YOU MADAM CHAIR. 2025-0013V25-43- 50. MOUNTAIN. MOUNTAIN CREEK. TRACE A REQUEST FOR A VARIANCE FROM DIVISION 9.2 TO ENCROACH INTO THE 60 FOOT PRIMARY SETBACK AND 70 FOOT IMPERVIOUS SURFACE SETBACK FOR THE CONSTRUCTION OF A NEW HOME. PRESENTED BY MICHELLE MCINTOSH ROSS, OUR PLANNING AND ZONING MANAGER. MANAGER, MCINTOSH ROSS. PLEASE PROCEED. THANK YOU. THE CASE THAT I'LL PRESENT TONIGHT IS V 25 DASH 43. THIS IS A REQUEST FOR A VARIANCE FROM DIVISION 2.3, SECTION 6.1.2. B AND DIVISION 9.2 OF THE DEVELOPMENT CODE TO ALLOW ENCROACHMENT. COULD YOU PLEASE SPEAK UP A LITTLE BIT? SORRY, I NEED TO GET CLOSER. ALL RIGHT. DO I NEED TO RESTART? PERHAPS,

[00:40:03]

WRONG? SORRY. THE VISUAL WE NEED. OH, YEAH. ALL RIGHT, WE'LL WAIT. THANK YOU, THANK YOU. OKAY. NOT THAT ONE. THAT'S. NO, THAT'S NOT IT. IT'S. IT'S 50 MOUNTAIN CREEK TERRACE AND IT'S 40 UP TWO UP TWO RIGHT THERE. THERE YOU GO. THANK YOU. OKAY, OKAY. NOW WE'LL START. SO THE CASE IS V DASH 2543 A REQUEST FOR A VARIANCE FROM DIVISION 2.3. SECTION 6.1.2. B AND DIVISION 9.2 OF THE DEVELOPMENT CODE TO ALLOW ENCROACHMENTS INTO THE 60 FOOT PRIMARY STREET SETBACK AND THE 75 FOOT IMPERVIOUS SURFACE SETBACK FOR A NEW HOME TO BE BUILT ON A LEGAL LOT OF RECORD AT 50 MOUNTAIN CREEK, TRACE STAFF RECOMMENDS APPROVAL WITH CONDITIONS. THE SUBJECT PROPERTY IS IN THE PROTECTED NEIGHBORHOOD CHARACTER AREA.

THE ZONING IS DH 27. THE AERIAL IMAGE, WHICH IS THE NEXT SLIDE, SHOWS THE FORESTED CHARACTERISTIC OF THE PROPERTY. ON THE NEXT SLIDE, THE. HERE'S A SURVEY OF THE EXISTING CONDITIONS AS IT SITS VACANT WITH A CONCRETE DRIVEWAY TO THE WEST PROPERTY LINE AT MOUNTAIN CREEK. TRACE. HERE IT IS. THE NEIGHBORHOOD WAS PLATTED IN 1980, SO THIS IS THE PLAT FROM 1980. THEREFORE, THIS LOT IS A LEGAL LOT OF RECORD. THE SURROUNDING HOMES WERE BUILT IN THE EARLY 1980S. HOWEVER, THIS PARCEL HAD NOT BEEN DEVELOPED WHEN THE PARCEL WAS CREATED.

THE 60 FOOT PRIMARY STREET SETBACK WAS NOT IN PLACE, AND THE STREAM BUFFER REGULATIONS WERE ALSO NOT TO THE EXTENT THAT THEY ARE TODAY. NEXT SLIDE. THE PROPERTY IS UNDEVELOPED.

THESE ARE WHAT IS THE EXISTING CONDITIONS. IT IS 1.7 ACRES, MOSTLY FORESTED. AS I MENTIONED, THE LOT HAS REMAINED VACANT SINCE IT WAS PLATTED IN 1980. THE OTHER PARCELS IN THE NEIGHBORHOOD WERE BUILT FAMILY E EARLY 80S. A STREAM RUNS NORTH PARCEL, AND THE MAJORITY OF THE PROPERTY IS ENCUMBERED BY STREAM BUFFERS AND SETBACKS. THAT BECAME A REQUIREMENT AFTER THE PARCEL WAS PLATTED. ALSO NOTE THE PARCEL IS WITHIN THE CHATTAHOOCHEE RIVER CORRIDOR AREA, AND IS SUBJECT TO THE METROPOLITAN RIVER PROTECTION ACT. THE ASSIGNED ALLOCATIONS FROM THE ATLANTA REGIONAL COMMISSION, ASSOCIATED WITH THE METROPOLITAN RIVER PROTECTION ACT, ARE 14,900FT■S FOR A TOTAL LAND DISTURBANCE AND 7255FT■S FR IMPERVIOUS COVERAGE, AND THAT HAS BEEN IN PLACE SINCE THE 80S. THIS SLIDE SHOWS A COUPLE AERIALS THAT SHOWS THE STREAM AND THE STREAM BUFFERS AND THE SETBACKS ON THE PROPERTY, THE TOPOGRAPHY, WHICH IS TO THE RIGHT. IT SLOPES WEST TO EAST DOWNWARD, DROPPING 44FT TO THE STREAM, AND THEN IT RISES 64FT TOWARDS THE EAST PROPERTY LINE. SO THE AREA IS MORE WOODED AND THE TOPOGRAPHY IS AT LEAST AS STEEP. ON THE EAST SIDE, WHICH WOULD BE MORE IMPACTFUL FOR DEVELOPMENT TO PROCEED ON THE EAST SIDE, AS OPPOSED TO WHAT THE PROPOSAL IS ON THE WEST SIDE OF THE STREAM. NEXT SLIDE.

HERE ARE A COUPLE IMAGES OF THE PROPERTY FROM THE STREET. THE LEFT IMAGE SHOWS THE DRIVEWAY OFF OF MOUNTAIN CREEK TRACE AND THEN THE RIGHT PICTURE SHOWS THE TREES, THE FORESTS ON THE PROPERTY STANDING ON THE DRIVEWAY. NEXT SLIDE. THIS IS THE PROPOSAL. THE PROPOSAL INTENDS TO BUILD A NEW HOME ON THE WEST SIDE OF THE STREAM, WHICH IS CLOSEST TO MOUNTAIN CREEK TRACE. AND THIS WOULD AVOID ENCROACHMENT INTO THE STREAM BUFFERS. THE APPLICANT PROPOSES TO ENCROACH INTO THE 60 FOOT PRIMARY STREET, SETBACK BY 25FT AND INTO THE 75 FOOT IMPERVIOUS SURFACE SETBACK BY 25FT. INSTEAD OF CROSSING THE STREAM TO BUILD ON THE EAST SIDE OF THE STREAM, WHERE NO VARIANCES WOULD BE NECESSARY. JUST TO NOTE THAT. STREAM

[00:45:10]

THE CONDITIONS ARE AT THE TIME OF PERMITTING THAT THE APPLICANT MUST PROVIDE A STORMWATER MITIGATION PLAN BY A REGISTERED DESIGN PROFESSIONAL, AND THAT THE ENCROACHMENTS INTO THE PRIMARY STREET SETBACK IS LIMITED TO 25FT, DOES NOT EXCEED 25FT, AND ENCROACHMENT INTO THE IMPERVIOUS SURFACE SETBACK NOT EXCEED 25FT. THAT IS MY PRESENTATION. THANK YOU.

IS THERE ANYONE TO APPEAR ON BEHALF OF THE APPLICANT, AND IF SO, APPROACH THE PODIUM AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. NAME'S EDWARD LEVIN. I WOULD BE THE BUILDER ON THE HOME. IT WON'T BE US BACK HOME. IT'S GOING TO BE A CONTRACT. HOME ACTUALLY DEVELOPED THE STREET BACK IN 1980. I BUILT ALL THREE HOUSES ACROSS THE STREET FROM IT. I BUILT THE ONE TO THE LEFT OF IT. I BUILT THE ONE TO THE RIGHT OF IT. AT THE TIME THAT WE WERE BUILDING, THE HOMEOWNER DECIDED NOT TO BUILD ON IT. THE HOMEOWNER THAT OWNS THE PROPERTY ACTUALLY LIVES TO THE LEFT, AND HE'S HERE, BUT NOW HE WANTS A DIFFERENT HOUSE. IT'S A DIFFERENT TIME AND DECIDED TO BUILD ON IT. WE WOULD HAVE BUILT ON IT BACK WHEN WE BUILT THE OTHER HOUSE IN THE EARLY 80S. WITH ALL DUE RESPECT, FULTON COUNTY DIDN'T CARE WHAT WE DID. ARC DID, BUT FULTON COUNTY AND THEY DIDN'T CARE ABOUT STREAM BUFFERS AT ALL. SO, YOU KNOW, THE ACT CAME IN IN THE LATE 80S, AND I'M SAYING IT'S A GOOD THING, THERE'S NO DOUBT ABOUT IT, TO KEEP THE CLEAN WATER ACT FOR THE WHOLE UNITED STATES, REALLY. BUT, YOU KNOW, THE STAFF WAS DEAD ON WHAT IT NEEDS TO HAPPEN IF WE BUILT ACROSS THE CREEK, I MEAN, THE TREES THAT GOT, YOU KNOW, WE COULD BUILD A BRIDGE BE COSTLY, BUT WE COULD DO IT, BUILD A BRIDGE AND BUILD UP ON THE HILL YOU SHOWED ALL THE WAY UP THE HILL UP THERE. IT WOULD BE A BEAUTIFUL SIGHT, BUT IT WOULD COST A LOT MORE MONEY. WE WOULD DESTROY A LOT MORE TREES. AND, YOU KNOW, THE OTHER HOUSES ON THE LEFT AND RIGHT OF IT ARE ALSO ON 35 FOOT BUILDING LINES. SO I DON'T, YOU KNOW, I DON'T REALLY THE STAFF'S RECOMMENDED IT. YOU KNOW, WE WE KNOW WE HAVE TO PUT ALL THE WATER UNDERGROUND, ALL THE, ALL THE STORM WATER IS GOING IN THE, IN BETWEEN THE 50 AND 75. A LITTLE BIT OF THE HOUSE IS IN THE 50 TO 75. MOST OF IT'S OUT OF IT. ANYTHING FURTHER, SIR? YOU KNOW, I MEAN THE STAFF SORT OF, YOU KNOW, DID AN INTENSE YOU KNOW, I MET WITH THEM AND WE LOOKED

[00:50:03]

I'M CHRISTIAN DAUGHTER. THANK YOU FOR THE OPPORTUNITY TO SPEAK. I LIVE IN THE CUL DE SAC AT 75 MOUNTAIN CREEK TRACE, AND I HAVE A DIRECT VIEW OF THE PROPERTY IN QUESTION. I'M NOT A BUILDER, BUT I CAN TELL THE UNIQUE CHARACTERISTICS OF THE THREE LOTS THERE WOULD MAKE IT HARD TO BUILD A HOUSE, AND I CAN SEE THAT THE PLAN INCLUDES A HOUSE THAT WOULD BE CONSISTENT WITH THE HOUSES ON EITHER SIDE, SO I DON'T HAVE A PROBLEM WITH IT. AND I'M HERE TO JUST SPEAK IN SUPPORT OF THE CONSISTENCY WITH WHAT I SEE THERE, AND THAT I'M HERE TO SPEAK IN SUPPORT OF THE PROJECT. ALL RIGHT. THANK YOU SIR. IS ANYONE HERE TO SPEAK IN OPPOSITION? ANY CAUSE? NO, THERE ARE NO CARDS, MADAM CHAIR. OKAY. DID NOT DID NOT SIGN IN.

BUT YOU CAN. NO, YOU CAN STILL COME DOWN, MA'AM. AND FIRST TO MISS, DID YOU. OKAY. NO. GO AHEAD. YOU CAN SPEAK AND THEN YOU CAN SIGN THE CARD AFTER. OKAY. THANK YOU. OKAY. STATE YOUR NAME AND ADDRESS, MA'AM. MY NAME IS HELEN TAP. I LIVE AT 300 MOUNTAIN CREEK TRACE. THIS IS DIFFICULT BECAUSE WE HAVE A REALLY TERRIFIC STREET. AND WE ALL KNOW EACH OTHER AND LIKE EACH OTHER A LOT. AND I LOVE THE APPLICANT AND HIS FAMILY. AND I GET THAT HE WANTS TO USE HIS PROPERTY. MY MY OBLIGATION TO SPEAK. WHAT I KNOW, THOUGH, COMES FROM THE FACT THAT I'M A LAND PLANNER WITH A FOCUS IN ENVIRONMENTAL REGULATION AND WATER RESOURCES IN PARTICULAR, AND I BELIEVE MIGHTILY IN THE METROPOLITAN RIVER PROTECTION ACT. I THINK THE REAL CHALLENGE HERE, AS HAS BEEN POINTED OUT, THE ORIGINAL SUBDIVISION, THIS STREET LAYOUT IS, IS COUNTER TO WHAT THE LAND AND THE WATER QUALITY IN THE AREA WOULD WANT AND WHAT WOULD BE ALLOWED TODAY.

THE VIOLATION OR THE WAIVER OF ANY SETBACKS OR OR BUFFERS IS REALLY TANTAMOUNT TO DEATH BY A THOUSAND CUTS. THIS IS WHAT I'VE TOLD THE APPLICANT, WHO IS MY NEIGHBOR AND FRIEND. I GET THAT HE NEEDS TO. HE WANTS TO USE HIS PROPERTY THAT HE HAS HELD WITH THE EXPECTATION OF BEING ABLE TO USE IT. I UNDERSTAND THAT THE STAFF HAS CONSIDERED THIS VERY SERIOUSLY AND IS RECOMMENDING APPROVAL. I PERSONALLY DISAGREE WITH THAT AND HOPE THAT IS NOT WHAT YOU ALL CHOOSE TO DO. I WILL SAY THAT I HOPE THAT THE CITY WILL BE VERY, OR THAT YOU, AS A BOARD AND ON BEHALF OF THE CITY WILL TAKE VERY SERIOUSLY THE CONDITIONING OF THIS AND THE INSPECTION, THE REGULAR AND RIGOROUS INSPECTION OF CONSTRUCTION. SHOULD YOU APPROVE THIS. SO I PERSONALLY AM OPPOSED TO IT ON A PROFESSIONAL LEVEL, NOT ON A

[00:55:06]

CROSSING THE STREAM. YES. AND THAT IS ALLOWABLE BY STATE LAW. YEAH. OKAY. ANYONE ELSE? ONE MORE QUESTION. THERE'S A COMMENT IN THE PAPERWORK ABOUT FROM THE BUILDING OFFICIAL ABOUT A A FRONT ENTRY GARAGE THAT IS NOT FIVE FEET BEHIND THE FRONT PLANE OF THE HOUSE.

YEAH. SO THE APPLICANT JUST PROVIDED AN OUTLINE OF THE HOME. THOSE CONSIDERATIONS WILL BE LOOKING AT DURING PERMITTING. AND IF THEY DO SUBMIT ONE THAT IS AGAINST OUR CODE WE WOULD ADVISE THEM NOT TO OR ELSE THEY'LL BE BACK HERE FOR A VARIANCE. BUT WE'RE GOING TO ADVISE THEM NOT TO. AND WE DON'T ACTUALLY HAVE A SITE PLAN TO SHOW THE HOUSE. YES. OKAY.

ANY FURTHER DISCUSSION? HEARING NOTHING FURTHER. DOES ANYONE HAVE A MOTION? I'LL MAKE A

[01:00:06]

ENCROACHMENT INTO THE PRIMARY STREET SETBACK IS NOT TO EXCEED 25FT, AND ENCROACHMENT INTO THE IMPERVIOUS SURFACE SETBACK NOT TO EXCEED 25FT AS WELL. IS THERE A SECOND? SECOND? ALL THOSE IN FAVOR SAY I. AYE. ANY OPPOSED? AND I'M OPPOSED AS WELL. CHAIR IS OPPOSED, BUT THE MOTION STILL PASSES. MISS BROWN, WOULD YOU CALL THE NEXT CASE? THANK YOU. CHAIR 2025001 FOR B2535 5825 MOUNTAIN CREEK ROAD. A REQUEST FOR A VARIANCE FROM SECTION 8.3.6 TO REMOVE BUFFER REQUIREMENTS ALONG THE EAST BOUNDARY OF THE PROPERTY WHEN ABUTTING R.D. DASH 18.

PROPERTIES PRESENTED BY MATTHEW AND SPAR, OUR SENIOR PLANNER. GOOD EVENING. BOARD. AS SAM PROVIDED 2535 5828 MOUNTAIN CREEK ROAD. REQUEST FOR VARIANCE FROM 836 NEIGHBORHOOD TRANSITION BUFFERS. SEE HERE. THE CHARACTER AREA AND THE ZONING BOTH IN BLUE THAT CITY SPRINGS MIXED USE DISTRICTS. HERE WE HAVE THE AERIAL IMAGE, THE PROPERTY SHAPE AND BLUE.

THE EXISTING STRUCTURE ON THE SURVEY AND THE PARKING AREA. EXISTING CONDITIONS ON THIS SITE ARE CAFE AND PERSONAL SERVICE ESTABLISHMENT ON 7/10 OF AN ACRE FORMER 50S RANCH HOME WHICH HAS BEEN RENOVATED AND EXPANDED FOR MORE COMMERCIAL CHARACTER, THE PROPERTY DROPS NEARLY 30FT OVER ABOUT 250 FOOT SPAN FROM THE FRONT TO THE REAR EASTERN PROPERTY LINE FOR AN 11% SLOPE. THE STREAM BUFFER AT THE VERY REAR CORNER OF THE PROPERTY IS WITHIN THE SUBJECT PROPERTY, JUST A SMALL SMIDGEN. SEE ON THE LEFT A VIEW OF THE EXISTING ESTABLISHMENT FROM CARPENTER, AND ON THE RIGHT YOU SEE IT FROM MOUNTAIN CREEK NEARBY.

HERE, OF COURSE, WE SEE THE REAR OR BACK OF THE BUILDING AND THE PARKING AREA. GOING FURTHER BACK HERE WE SEE THE FLOODPLAIN AND STREAM BUFFER AREA. THE REQUESTED VARIANCE AGAIN FROM SECTION 836. THIS COVERS THE BUFFERS THAT ARE REQUIRED WHEN A MIXED USE DISTRICT ABUTS A PROTECTED NEIGHBORHOOD DISTRICT. TO ENSURE APPROPRIATE DISTANCE, SCREENING AND INTENSITY BETWEEN POTENTIALLY DISPARATE USES. COMPATIBLE MASSING. BUFFER ZONE, A RESTRICTED USES ZONE, AND THEN THE SCREENING VEGETATIVE BUFFER AND WALL ZONE ARE THE TYPICAL SETUP. THOSE TOTAL ABOUT 85FT IN DEPTH. WE SEE HERE. THE APPLICANT'S CONCEPT PLAN IS A THREE STORY OFFICE BUILDING. THERE WOULD BE TWO PARTIAL LEVELS OF BASEMENT AS THE LOT SLOPES DOWN FOR PARKING AS IT TAPERS TO THE EAST. AND HERE WE SEE THE PROPOSED DEVELOPMENT AND THE GLEN RIDGE HAMMOND NEIGHBORHOOD. THE NEAREST STRUCTURE TO THE SUBJECT PROPERTY LINE IS APPROXIMATELY 360FT, JUST TO THE PROPERTY LINE. NEARLY 180 OF THAT IS THE STREAM BUFFER FLOODPLAIN. THE TYPICAL. THE STREAM BUFFER IS 75 ON EITHER SIDE, SO YOU GET 150 PLUS ANYTHING THAT MEANDERS IN BETWEEN FOR THE STREAM. SO THAT'S HOW YOU GET THAT. AND NEXT WE SEE THE CONSTRAINTS IN MORE DETAIL. THE THREE ZONES I MENTIONED EARLIER, AND THEN THE ALSO MENTIONED STREAM BUFFER IN ITS ENTIRETY. SMALL AGAIN

[01:05:06]

THE FOLLOWING CONDITIONS THAT THE APPLICANT EFFECTIVELY RETAINED 20FT OF THE VEGETATIVE BUFFER SECTION OF THE NEIGHBORHOOD. TRANSITION BUFFER. WORKING WITH THE CITY ARBORIST TO CREATE AN APPROPRIATE MODIFIED PLANTING PLAN WITH ALL EVERGREENS AND AT A MINIMUM OF TEN FEET TALL, I WANT TO NOTATE. I THINK IN THE STAFF REPORT I LEFT IT AT FOUR INCHES. THAT WAS AN ACCIDENT. FROM TALKING WITH ARBORIST. TYPICALLY WE GO WITH ACTUAL HEIGHT AT PLANTING VERSUS THE DBH, SO JUST MAKE NOTE OF THAT. THIS IS THE CORRECT CONDITION WITH A MATURE HEIGHT OF AT LEAST 35FT. SO THEY'D HAVE TO PICK FROM EVERGREENS THAT ARE THAT ARE GOING TO BE KIND OF GIANT, AND A FENCE OR WALL, AS DETERMINED BY THE DIRECTOR. AND THEN SECONDLY, JUST THAT THE APPLICANT MODIFIES THEIR BUILDING PLAN TO ENSURE SUFFICIENT SPACE FOR THE REQUIRED INTER PARCEL ACCESS BETWEEN NEIGHBORING SIMILARLY ZONED PROPERTIES. AND THAT'S IT. THANK YOU. IS THERE ANYONE HERE TO SPEAK ON BEHALF OF THE APPLICANT OR IS THE APPLICANT? I'M HERE TO SPEAK. PLEASE APPROACH THE PODIUM. STATE YOUR NAME AND ADDRESS. IF I MAY. APPLICANT. MY NAME IS MASOUD ZADEH. I LIVE IN 9409 CASTAWAY.

I'M A RESIDENT OF SANDY SPRING FOR THE LAST 30 YEARS. AND I DO DEVELOPMENT AND ALL MY DEVELOPMENT IN THE CITY OF SANDY SPRING AND THE CARPENTER DRIVE, THE NEXT TO THE PROPERTY.

YOU SAW BASICALLY WHAT I'M ASKING THIS CITY COUNCIL MEMBER ABOUT, I DON'T KNOW, TEN YEARS AGO, FIVE YEARS AGO, THEY DESIGNATE THAT STREET I LIVE ON AS A C CS THREE, WHICH SAME ZONING AS THIS BUILDING. AND SINCE THEY CHANGED THAT ZONING FOR THAT BUILDING, EVERYBODY CAN USE THOSE PROPERTIES. 16 HOUSES AS A COMMERCIAL, BUT THAT TAKES ABOUT ONE VOTE AND ONE NIGHT TO CONVERT EVERYTHING TO COMMERCIAL. BUT THE SEWER LINE, SANITARY SEWER LINE, STORMWATER, SEWERS, SIDEWALKS, LIGHTINGS, EVEN THE TREES UP, NOT UP TO THAT CODE FOR THE CONVERSION. EVERYBODY USED THE HOUSES AS A YOU KNOW, THEY HAVE SOME EXCEPTION. IF YOU DON'T SPEND OVER A CERTAIN AMOUNT, YOU CAN MAKE IT TO WHAT YOU CALL IT, THE COMMERCIAL WITHOUT ANY PARKING. SO IN THIS PARTICULAR LOT, WHICH I HAVE, I AM IN THE LOWEST PART OF CARPENTER DRIVE, ALL THE SANITARY SEWER AND ALL THE STORM WATER COME THROUGH MY PROPERTY TO GO TO THE CREEK, AND I HAVE A HARD TIME BECAUSE ALL THOSE INFRASTRUCTURE ARE 70 YEARS OLD AND THEY DID IT BEFORE THEY BUILT A HUGE OFFICE BUILDINGS, RETIREMENT HOUSE.

[01:10:02]

AND THESE ARE. AND SINCE THE PROPERTY WAS BUILT SEVEN YEARS AGO, THERE IS NO WHAT YOU CALL IT EASEMENT. SO I GO TO THE PUBLIC WORK THEY TOLD IS NONE OF OUR BUSINESS. WE DON'T TOUCH IT. I GO TO THE FULTON COUNTY SEWER DEPARTMENT. THEY SAY WE DON'T HAVE EASEMENT. BASICALLY ONE PROPERTY OWNER, WHICH IS ME. I SHOULD MAINTAIN ALL THE SEWER AND STORMWATER FOR THE WHOLE NEIGHBORHOOD, GO THROUGH MY PROPERTY. NOT ONLY I HAVE TO MAINTAIN IT, IF I HAVE TO UPGRADE IT, NOBODY DON'T DO IT. THE THE PUBLIC WORK HAD THE PLAN TO PUT THIS BRAND NEW SIDEWALK IN MY STREET, AND SINCE THEY REALIZED THAT AND THAT WAS A NUMBER ONE PRIORITY ON THE SIDEWALK PROJECT. BUT SINCE THEY REALIZED THAT I PLANNING TO DO SOME DEVELOPMENT, THEY CANCELED THE PROJECT. THEY SAY, YOU'RE GOING TO DO THE DEVELOPMENT, YOU'RE GOING TO DO THE SIDEWALK. SO WHAT I'M ASKING IN HERE, I SEE SOME PEOPLE IN HERE, I RESPECT THEM, THEY COME IN HERE WE ARE IN TWO SIDE OF THE CREEK IN MY SIDE. THE DEVELOPMENT NEED TO BE UPDATED. BRING IT UP TO THE CODE WHICH I AM PLANNING TO DO. AND WITH MY BUILDING I'M PROPOSING I BRING EVERYTHING UP TO THE CODE IN MY SIDE OF THE STREET TO MAKE A NICE DEVELOPMENT AS A COMMERCIAL. NOT A MAKESHIFT, NOT A CONVERSION. AND ALL THE CITY WAS SURPRISED. THE CITY STAFF RECOMMENDED NINE TIMES. THEY SAID THAT WHAT I'M ASKING FOR A VARIANCE IS VERY REASONABLE. I HAVE EXTREME BUFFER USUALLY. USUALLY THE CITY REQUIRES ABOUT 50FT TO 80FT OF BUFFER BETWEEN THE BUILDINGS, BETWEEN THE COMMERCIAL AND THE PROTECTED NEIGHBORHOOD. I HAVE 360 FOOT ALREADY. THERE IS A STREAM IS A BUFFER STREAM FOR A CREEK, BUFFERS AND THE VEGETATION WHICH NEVER CANNOT BE CHANGED. SO I AM RESPECTFULLY ASKING YOU TO KNOW, SINCE I HAVE 5 TO 10 TIMES MORE BUFFER THAN REQUIRED IN THE CITY, I'M ASKING FOR THAT VARIANCE TO MAKE THE JOB EASIER FOR ME TO DO WHAT I'M SUPPOSED TO DO TO BRING THIS PROPERTY UP TO THE COURT. I SAVE MY TIME FOR REBUTTAL. ALL RIGHT. THANK YOU. IS THERE ANYONE HERE TO SPEAK IN SUPPORT OF THE APPLICANT? IS THERE ANYONE HERE TO SPEAK IN OPPOSITION? THE CLERK PLEASE CALL THE FIRST PERSON THAT SIGNED UP FOR OPPOSITION. I HAVE STEVE BRANDON, PLEASE APPROACH THE PODIUM AND STATE YOUR NAME AND ADDRESS, SIR. I'M STEVE BRANDT. I LIVE AT 5870 HILDEBRAND DRIVE. I DON'T HAVE A LOT TO SAY HERE, OTHER THAN I JUST WANT TO VOICE MY OPPOSITION TO THIS. I AM NOT INTERESTED IN HAVING A THREE STORY OFFICE BUILDING SHOW UP DIRECTLY NEXT TO MY PROPERTY. I HOPE YOU GUYS CAN APPRECIATE WHAT IT WOULD BE LIKE TO SUDDENLY HAVE AN OFFICE BUILDING SHOW UP NEXT TO YOUR PROPERTY WHERE YOU GUYS LIVE, AND I CERTAINLY DON'T WANT THAT TO BE CLOSER THAN THE BUFFER ALLOWS. THERE'S A REASON THAT THERE'S BUFFERS BUILT INTO THE CITY PLANNING, AND I JUST DON'T WANT THAT PROPERTY, THAT BUILDING THAT'S BEING PROPOSED THAT IS SO LARGE THAT IT'S

[01:15:06]

LUGER. LUGER? HI. MY NAME IS MORGAN LUGER. I'M ACTUALLY A RESIDENT OF 5795 MOUNTAIN CREEK.

I AM OPPOSED, I LIVE ON THE STREET. I HAVE NO INTEREST IN HAVING AN OFFICE BUILDING A THREE DOORS DOWN FROM WHERE I LIVE AND WHERE I RESIDE. HE HAS ALREADY, OR I GUESS MADE ADJUSTMENTS TO THE TWO PROPERTIES THAT HE OWNS. HE HAS NOT ADDED THE SAID SIDEWALK THAT IS REQUIRED WHEN YOU MAKE ADJUSTMENTS TO PROPERTIES LIKE THIS, ESPECIALLY SINCE TECHNICALLY YOU GUYS STILL HAVE IT ZONED AS RESIDENTIAL IF THAT. AM I READING THAT CORRECTLY? IS RD IS RESIDENTIAL? IS THAT WHAT THAT MEANS? RIGHT? MY NOTHING ON MOUNTAIN CREEK RD. BUT IT IS TECHNICALLY COMMERCIAL. I UNDERSTAND THAT, BUT IT SAYS RD ON THE NOTES, RIGHT? AM I SAYING THAT CORRECTLY? ABUTTING RD 18 PROPERTIES THAT WOULD BE THE ONES TO THE REAR. SORRY FOR ANY CONFUSION. GOTCHA. THAT CLARIFIES THAT FOR ME THEN. BUT AS A RESIDENT OF THE STREET, I UNDERSTAND THAT IT'S ALSO ZONED COMMERCIAL, BUT ABOUT 5050 OF IT IS RESIDENTIAL AND BUSINESS.

THERE'S A LOT OF RESIDENTS THAT STILL LIVE AND JUST HAVE DAY TO DAY LIVES ON THIS STREET. IT IS A SAFE STREET. I HAVE AGAIN NO INTEREST IN HAVING AN OFFICE BUILDING TWO DOORS DOWN TO ME.

I HAVE NO IDEA WHAT THAT'S GOING TO LOOK LIKE WITH TRAFFIC. I HAVE NO IDEA WHAT THAT'S GOING TO LOOK LIKE WITH THIS CONSTRUCTION PROJECT. HOW IS THAT GOING TO AFFECT CARPENTER DRIVE? THERE HAS ALREADY BEEN AN INCREASE IN TRAFFIC OCCURRING ON CARPENTER DRIVE.

THERE IS A PRETTY DANGEROUS CORNER, IN FACT. SO HOW MUCH MORE TRAFFIC ARE WE GOING TO BE BRINGING ON WHEN WE HAVE ANOTHER OFFICE BUILDING? THERE'S ALREADY AN OFFICE BUILDING ACROSS THE STREET. THERE'S A ASSISTED LIVING ACROSS THE STREET. IT'S A PRIMARILY RESIDENTIAL STREET ON CARPENTER MOUNTAIN. CREEK IS FULL OF HOMES. IT'S FULL OF RESIDENTS. AND ME PERSONALLY, I DO NOT HAVE ANY INTEREST IN HAVING PEOPLE COMING AND GOING DAY TO DAY IN AN OFFICE BUILDING RIGHT NEXT TO WHERE I LIVE, WHEN THERE'S ALWAYS HOMES THERE, I DON'T KNOW HOW IT'S GOING TO LOOK. I WISH THE LADY THAT WAS FROM THE THAT SUPPORTED WATER WAS HERE. STILL TO TALK ABOUT HOW THIS COULD AFFECT THE SANDY SPRINGS, THE STREAM THAT RUNS BEHIND OUR HOUSE. I GUESS THAT'S MAYBE ALL I HAVE, BUT OTHER THAN LIKE THE POLLUTION AND THE CREEK, IT JUST AT LEAST ALL THE BUSINESSES THAT ARE ON THE STREET ALL LOOK RESIDENTIAL, WHETHER OR NOT THERE'S BUSINESSES RUNNING OUT OF THEM, IT LOOKS RESIDENTIAL. THIS WILL CHANGE THE LOOK OF THE STREET. I HAVE NO INTEREST IN HAVING AN OFFICE BUILDING NEXT TO WHERE I LIVE. THANK YOU, THANK YOU. IS THERE ANYONE ELSE HERE IN OPPOSITION? THAT I'LL SPEAK UP? MY NAME IS ANNE DE. I OWN THE HOUSE THAT IS FIVE 805 MOUNTAIN CREEK. I ACTUALLY WAS BORN AND RAISED THERE. I'VE LIVED, SO I'M 65 YEARS OLD. THAT'S HOW LONG WE'VE HAD THAT PIECE OF PROPERTY. THERE'S BEEN A LOT OF CHANGES ON THE STREET. HALF OF IT IS COMMERCIAL AND HALF OF IT ISN'T. SO I GUESS MY OPPOSITION TO THIS IS, WHERE DO WE GO FROM HERE? IF THIS BECOMES AN OFFICE BUILDING, THEN CAN I JUST BUILD TURN MY HOUSE INTO AN OFFICE BUILDING NEXT? I MEAN, I JUST FEEL LIKE THERE'S NOT A CLEAR PLAN FROM SANDY SPRINGS FOR THIS LITTLE STREET THAT'S THERE, BECAUSE WE'VE GOT A LOT OF PERSONAL CARE HOME PEOPLE WHO WALK UP AND DOWN THE STREET WHO ARE MENTALLY CHALLENGED. AND THEN WE HAVE WHAT HE HAS NOW, A BAR AT THE END OF THE STREET. SO I DON'T THINK THOSE TWO MESH VERY WELL. BUT, YOU KNOW, THERE NEEDS TO BE SOME DEVELOPMENT. I AGREE WITH WHAT HE SAID AS FAR AS THE FACT THAT THE HOUSES HAVE PRETTY MUCH LIVED THEIR LIFE, THEIR OLD CHATHAM BUILT HOUSES, HE WAS A GREAT BUILDER.

BUT, YOU KNOW, AFTER A WHILE THEY'RE NOT POURED FOUNDATION WALLS, THEY'RE BLOCK WALLS. SO THEY DO LEAK AND THINGS LIKE THAT. BUT I GUESS I'M JUST MORE FRUSTRATED WITH HOW SANDY SPRINGS HAS KIND OF HANDLED THIS MIXED ZONING IN THE FACT THAT HE SAID, I GUESS I'M I'M COMMERCIAL ZONING. I MEAN, WE DON'T PAY. AND I THE OTHER PART OF THIS THAT IS REALLY

[01:20:05]

I DON'T WANT TO COME IN HERE. I WANT TO JUST ADD MY LITTLE VARIANCE TO GO ALONG AND AND UPGRADE AND FIX WHATEVER IS SUPPOSED TO BE FIXED. AND I AND THERE IS ALSO SOME PROBLEM IN THE CREEK, SOME MANHOLES, THERE ARE SOME SINKHOLES. AND ALSO IN FRONT OF YOU, I HAVE A EIGHT OWNERS OF THE EIGHT. THERE ARE 16 HOUSES IN THE MOUNTAIN CREEK ROAD. TWO OF THEM I OWN. THREE OF THEM IS ALMOST EMPTY. NOBODY DON'T LIVE THERE. AND EIGHT OF THEM, THEY HAVE A LADDER IN FRONT OF YOU. I DON'T KNOW IF YOU SHOULD GIVE IT TO. YOU ARE IN FAVOR OF THIS PROJECT. SO JUST TWO, 2 OR 2, THREE PERSONS THAT ARE NOT IN FAVOR OF IT, AND THEY ARE ASKING WHY I WANT TO DO THE COMMERCIAL PROJECT IN THE COMMERCIAL DISTRICT. I THINK THAT'S A BASELESS THANK YOU. I WANT TO SAVE MY TIME. IF YOU HAVE ANY QUESTIONS, WELL, YOU DON'T HAVE TO SAVE YOUR TIME. WE CAN ASK YOU QUESTIONS AND IT WON'T RUN OUT YOUR TIME. SO I WANT TO SAY, OKAY, REMAINING TIME IF IT NEEDS TO. ALL RIGHT. SO BUT YOU'RE NOT GOING TO RUN OUT IF WE HAVE QUESTIONS IT DOESN'T USE YOUR TIME. THIS IS JUST FOR REBUTTAL OKAY. ALL RIGHT. THANK YOU. IS THAT ALL IN OPPOSITION AND IN SUPPORT. HEARING NOTHING FURTHER WILL TURN TO THE BOARD NOW FOR DISCUSSION. AND I DO HAVE A QUESTION FOR YOU, SIR. NOW IF YOU WANT TO. DID HAVE YOU CONSIDERED A SMALLER STRUCTURE WITH ONLY DOING THE MINIMUM NECESSARY? HAVE YOU CONSIDERED SOMETHING SMALLER? IF I DO THAT, I HAVE A TWO PROPERTIES THAT ARE EITHER CONNECTED TO THE END AND I WANTED TO HAVE A INTER-PROCESSOR CONNECTION IS ONE OF THE THINGS THAT SANDY SPRING PUSHED FOR INTERPERSONAL CONNECTION. AND THIS IS MAINLY THE VARIANCE I'M ASKING HELPED ME TO INTERCONNECT MY PARCELS TO PARCELS TOGETHER. MUCH EASIER FOR TRAFFIC FLOW AND FOR THE USAGE AND THE YOU KNOW, OPERATIONAL WAS IS MUCH, MUCH EASIER TO DO THAT. PLUS THE INFRASTRUCTURE TO FIX THE INFRASTRUCTURE. I DON'T KNOW IF YOU CARE OR NOT. PROBABLY NOT IS A COST OF ABOUT $100,000 JUST FOR THE ENGINEERING PART OF IT. IT'S A COUPLE OF HUNDRED THOUSAND OR A FEW HUNDRED THOUSAND MORE TO CHANGE THE INFRASTRUCTURE BEHALF OF THE CITY. TAXPAYERS DON'T PAY A PENNY FOR THAT CITY. DON'T PAY A PENNY FOR THAT. I HAVE TO DO THAT ALL IN MY OWN. SO I HAVE TO HAVE SOMETHING, SOME SOME. I CANNOT BUILD A TINY BUILDING TO CARRY ALL OF THAT COST. DO YOU SEE? THAT'S MY ONE OF THE REASONS. OKAY. SO YOU'VE TALKED ABOUT CONNECTING THE PARCEL TO THE BACK. AND THE STAFF RECOMMENDED TO DO THAT IN THE RECOMMENDATION. AND I WILL DO THAT. SO I REDUCED THE TRAFFIC.

I PUT A BEAUTIFUL SIDEWALK, I FIX ALL THE INFRASTRUCTURE, I FIX THE SEWER LINE, ALL OF THEM IN MY OWN. YOU DON'T HAVE TO. NOBODY SHOULD PAY A PENNY TO DO THAT. AND THAT'S GOING TO

[01:25:03]

THEY DON'T HAVE PROPER LIGHTING AND THEY DON'T HAVE PROPER SIDEWALKS. IN THE LAST 60 YEARS, 90% OF THE SIDEWALK IN THE SAND, THE CARPET AND CREEK AND THE CARPET DRIVE, I, I DID IT SO CITY DON'T TOUCH IT. BECAUSE SINCE THE CITY KNOW THIS IS A REDEVELOPMENT PLACE, THEY DON'T DO ANYTHING FOR IT. THEY LEAVE IT UP TO DEVELOPER. AND I DID MY PART AND I WANT TO DO IT MORE FOR THE NEIGHBORHOOD TO BRING THINGS UP TO CODE AND MAKE IT CONVENIENT FOR EVERYONE.

OKAY. AND THEN I HAVE ONE OTHER QUESTION AS REGARDING THE HEIGHT, BECAUSE I'VE HAD THERE WERE LETTERS ABOUT THAT. DID YOU CONSIDER NOT BUILDING AS HIGH THREE STORY IS MINIMUM? THREE STORY IS NOT ALL THESE HOUSES THEY HAVE IN THE SUBDIVISION IN THE OTHER SIDE OF THE CREEK ARE MUCH HIGHER THAN ME, SO THEY DON'T AFFECT IT. THEY ARE THEY ARE HERE. MY LEVEL IS HERE. SO I'M NOT AFFECTING ANYBODY AS FAR AS THE HEIGHT GO. AND THE PEOPLE NEXT TO ME, THE PEOPLE, EIGHT PEOPLE THEY SEE, THEY SEE THE THEY SAY IT'S A GREAT T THE THREE STORY IS NOT THAT BIG OF A DEAL, YOU KNOW. YEAH. ARE THE OTHER COMMERCIAL PROPERTIES ALSO HIGHER THAN THREE STORIES? SEVEN STORY NINE STORY. YES YES YES YES. ACROSS THE STREET I HAVE A NINE STORY SENIOR LIVING. YEAH. IN THE SAME INTERSECTION IN THE YOU YOU COULD YOU GOOGLE IT. YOU SEE IT. AND I THINK WHAT YOU'RE SAYING IN THAT ZONING AREA, IN THAT AREA IS A WALKING IS ACROSS THE STREET IS NINE STORY, ANOTHER EIGHT STORY, THE OFFICE BUILDING. AND YOU CAN GOOGLE YOU CAN GOOGLE IT. YOU CAN SEE IT. JUST A SECOND, SIR. LET ME ASK STAFF, CAN YOU SPEAK TO THAT? I THINK IT'S WHAT YOU GUYS KIND OF CLARIFIED IS HE'S TALKING ABOUT WHAT'S IN FRONT OF HIM ON THE CARPENTER DRIVE AREA. THERE'S DEFINITELY SOME OFFICE BUILDINGS THERE THAT ARE TALL. IF WE'RE TALKING ABOUT ANYTHING TO THE EAST OR THE REAR, THOSE ARE PROTECTED NEIGHBORHOODS, AND TO THE SOUTH ARE MORE TRADITIONAL NEIGHBORHOOD THAT'S TURNED COMMERCIAL OR IS TURNING COMMERCIAL AND IS ZONED FOR THAT. I HAVE A QUESTION. JUST A SECOND MEMBER HAS A QUESTION. SHE WANTS TO SEE THE SITE SITE THE SITE PICTURES AGAIN. AND AND AND THEN MR. SPARANO. NO ONE DOT. WANDA. NO. NO. DON. YES YES I THINK NO NO DON'T.

WELL OKAY. WHY DON'T YOU SAY WHAT WHAT YOU'RE WANTING TO SEE. COME ON. A SURVEY PERIOD. THIS IS A CORNER LOT. JUST A MINUTE SIR. HAVE THEY GOTTEN TO THE AREA THAT YOU WANT TO SEE? OKAY, THIS IS SO. I WAS JUST TRYING TO MAKE REFERENCE TO WHERE THE HOUSES ARE. ALL RIGHT, JUST A SECOND. BOARD MEMBERS NEXT. AND THEN MY QUESTION IS FOR MATTHEW. HE MENTIONED THE APPLICANT MENTIONED THERE'S 16 HOUSES ON THE STREET. HOW MANY ARE CURRENTLY COMMERCIAL PROPERTIES VERSUS RESIDENTIAL. SO THIS IS MAYBE NOT OFFICIAL, BUT JUST FROM LOOKING AT OUR GIS AND THE FULTON COUNTY RECORDS THROUGH THAT, IT WAS OF THE 15 OR 16, AT LEAST SEVEN ARE PART OF THE SAME LLC. I THINK A COUPLE ARE OWNED BY. MISS DAY, POSSIBLY TO TO WHAT SHE WAS SAYING. THERE'S SHE GREW UP THERE. COMMERCIAL. NO. YEAH. CORRECT. NOT NOT COMMERCIAL DIDN'T MEAN MEAN I JUST MEANT A COUPLE OF THE PROPERTIES. MAYBE THE LARGE ONE AS WELL BEHIND EVERYTHING I THINK. OKAY. YEAH. SO JUST A COUPLE. SHE STILL HAS KIND OF SOME LAND THERE. AND THEN TO THE OTHER PROPERTY OWNERS POINT, I THINK THERE WERE 1 OR 2 MAYBE, MAYBE POSSIBLY MORE. THIS WAS ALL JUST KIND OF A QUICK LOOK THAT WERE IT APPEARED TO BE JUST KIND OF HOME OWNERSHIP AND POSSIBLY A RENTAL OR SOMETHING TO THAT EFFECT. JUST A MEMBER. BARDWELL, DID YOU HAVE A QUESTION? YEAH. FOR MATT. SO I'M A LITTLE CONFUSED WHY WE'RE SO FOCUSED ON THE ESTHETICS FROM HILDEBRAND, WHICH IS SEVERAL HUNDRED FEET AWAY BUT NOT FOCUSED ON THE ESTHETICS

[01:30:02]

BUT IF SAM IF YOU'RE ABLE TO, YOU COULD. JUST A SECOND. WE'LL SEE. OKAY. ANY OTHER QUESTIONS? OKAY. SO I GOT TO GET HER. WHAT SHE DOES THOUGH. SO WERE YOU GUYS WANTING TO LOOK AT KIND OF A STREET VIEW. CAN YOU PULL THAT UP SAM. IS THAT POSSIBLE? JUST TO GIVE I THINK THEY WANT KIND OF AN IDEA OF THE NEIGHBORHOOD OF MOUNTAIN CREEK ROAD. YEAH, YEAH, THAT'S THE SUBJECT PROPERTY TO THE TO THE RIGHT IS THE ENTIRE REST OF THE STREET. YEAH. YOU. KNOW, YOU TEND BACK FORWARD JUST. IS IT IS IT POSSIBLE FOR YOU TO SHOW THE APPLICANT'S PROPERTY AND THEN GO FROM THERE. YEAH. YEAH, THAT'S WHERE WE STARTED. OKAY. YEAH. NO, I KNOW, BUT I WANT I WANT TO SEE IT AGAIN. YEAH. SO I'M HEADING BACK. I JUST TURNED AROUND. OKAY. THAT'S A NINE STORY OFFICE BUILDING IN FRONT OF IT. YOU CAN SEE IT. YEAH. THAT'S A NINE STORY OFFICE BUILDING. YES. AND THAT'S RIGHT NEXT TO ME. LOOK AT IT. YEAH. THAT'S IT. AND THAT'S ANOTHER SEVEN STORY IN FRONT OF IT ALSO. THEN THAT'S. ANY ANYTHING FURTHER. NO. MEMBER. BARDWELL, DO YOU HAVE A QUESTION OR COMMENT? YES. CAN YOU GO BACK TO THE SLIDES AND THE SLIDE THAT HAS THE THREE VERY BUFFER BOXES? I THINK IT WAS SLIDE FOUR. GO DOWN. THERE WE GO RIGHT THERE. SO SO MATT, I'LL BE HONEST. THIS IS MY FIRST COMMERCIAL VARIANCE THAT I'VE EVER EXPERIENCED. SO HELP ME UNDERSTAND WHAT I'M LOOKING AT HERE. THESE THREE BUFFER ZONES

[01:35:03]

THAT'S THE RESTRICTED USES ZONE. AND FOR THE MOST PART THOSE END UP USUALLY BEING ALLEYS. BUT THEY CAN BE OTHER THINGS. THEY CAN BE STRUCTURES DEPENDING ON WHAT THE DEVELOPMENT IS. BUT SINCE WE HAVE AN INNER PARCEL ACCESS REQUIREMENT IN OUR CODE, THEY OFTEN END UP BEING THE ALLEY THAT CONNECTS PARCELS ON THE ON THE REAR AND THEN THE THE LIGHT GREEN NEON, THAT IS THE PART THAT IS VEGETATIVE, PLUS A WALL OR FENCE. YEAH OKAY. OKAY. THANKS. ANY ANY FURTHER QUESTIONS? MEMBER. JEWELL I JUST WANTED TO POINT OUT THAT THIS IS A PART OF THE COMPREHENSIVE PLAN, CORRECT. THAT WE HAVE THE ZONING THERE THAT WE DO HAVE, AND THIS WAS WHAT THE CITY COUNCIL AND MAYOR AND EVERYBODY WENT THROUGH WITH THE PUBLIC COMMENT ABOUT WHAT THIS NEIGHBORHOOD SHOULD BE. AND IT WAS DETERMINED THAT THIS IS A NEIGHBORHOOD THAT WOULD TRANSITION EVENTUALLY TO BE COMMERCIAL. THERE WERE HOMES THERE, BUT THAT THAT WAS PART OF THE COMPREHENSIVE PLAN. AND SO THIS IS A COMMERCIAL NEIGHBORHOOD. AND THE INTENT OF THE COMPREHENSIVE PLAN WAS TO TRANSITION THIS OVER TIME TO SOMETHING MORE LIKE WHAT WE'RE HEARING ABOUT TODAY, NOT PROTECTING THE HOUSES THAT ARE IN THAT AREA. AND THAT WAS WHAT THAT PLAN WAS ALL ABOUT. AND THAT WAS PART OF THE CITY'S PROCESS TO GET TO WHERE WE'RE AT TODAY. WITH THAT COMMERCIAL PROPERTY BEING WHAT THIS IS ZONED FOR. MANAGER. THAT IS CORRECT. YES, YES. SO I JUST WANTED TO POINT THAT OUT THAT THIS IS TALKING TO THE PEOPLE THAT ACTUALLY LIVED THERE. WHEN YOU MADE THOSE DECISIONS THAT YOU WERE GOING TO TURN THEIR PROPERTY, THEIR RESIDENTIAL. JUST JUST A MINUTE, SIR, BECAUSE WE HAVE CLOSED THE PUBLIC PORTION OF IT. HE WAS JUST MAKING A POINT ABOUT THE COMPREHENSIVE PLAN. AND I CAN SAY THAT IN SANDY SPRINGS, BEING HAVING BEEN HERE A RESIDENT FOR A WHILE, THAT WHEN WE LOOK AT COMPREHENSIVE PLANS IN THE NEXT TEN NEIGHBORS AND THE PUBLIC ARE INVITED TO BOTH TO DO IT VIRTUALLY, ALSO TO COME TO MEETINGS FOR IT ALSO TO PUT I'VE EVEN SEEN POST-IT NOTES PUT ON SECTIONS TO SAY WHAT YOU WOULD PREFER, WHAT YOU WOULD LIKE IN THE NEIGHBORHOOD.

SO WHEN THE COMPREHENSIVE PLANS ARE DRAWN UP FOR THIS CITY AND I CAN'T SPEAK FOR OTHER CITIES, IT IS SOMETHING THAT EVERYONE, NOT JUST CITY OFFICIALS, ARE INVOLVED IN, BUT THE NEIGHBORS AND EVERYONE ARE INVOLVED IN. AND IT GOES FOR A PERIOD OF TIME. AND THEN YOU HAVE PUBLIC COMMENT AFTER THAT, AND IT CAN BE SOMETHING THAT EVERYONE CAN LOOK AT VIRTUALLY. IT GOES OUT INTO THE CITY, THEY POST IT ON SOCIAL MEDIA. AND SO WHEN THAT WAS TAKING PLACE, THAT IS PART OF HOW THIS CITY PLANS ITS COMPREHENSIVE PLAN, AND THE PLAN IS NOT PUT IN PLACE BY US.

HERE. WE ARE JUST DETERMINING WHETHER OR NOT THE PLAN IS BEING UPHELD AND THAT WE'RE LIVING TO THE VARIANCES THAT CITY COUNCIL APPROVES. SO IT'S A PROCESS OF ELECTED OFFICIALS THAT YOU ALL ELECT THAT MAKE THE DECISIONS ABOUT WHAT THE ZONING SHOULD BE FOR PARTICULAR PARTS OF THE CITY. AND HAVING SAID THAT, THOUGH, VARIANCES ARE BASED UPON WHAT THE DEVELOPMENT CODE DETERMINES. SO THERE IS A PROCESS. WE CAN'T JUST DECIDE SOMETHING OUTSIDE OF. THERE'S A STRICT PROCESS FOR VARIANCE. SO YES, THE DEPARTMENT CAN RECOMMEND, BUT WE ARE STILL REQUIRED TO FOLLOW THE LAW WHEN WE DECIDE COLLECTIVELY WHETHER OR NOT TO GRANT A VARIANCE AND TO FOLLOW WHAT IS IN THE DEVELOPMENT CODE. AND SO IF IF YOU DON'T NEED A VARIANCE, THEN WE'RE NOT INVOLVED. WE ARE ONLY INVOLVED IN LOOKING TO SEE IF WE'RE IT'S BEING APPLIED THE WAY IT SHOULD BE. THAT'S WHAT WE DO WITH VARIANCES. AND I THINK, SIR WE DON'T. WERE YOU RESERVING TIME. WE WERE THROUGH THE PUBLIC DISCUSSION PORTION OF IT. SO THERE'S NOTHING FURTHER I DON'T BELIEVE IS ANYONE WE DON'T NEED ANYTHING FURTHER. I WAS JUST IF

[01:40:03]

ACCORDING TO WITH THE CITY'S. RECOMMENDED VARIANCES. SO STAFF RECOMMENDATIONS. SO. THE REQUEST FROM SECTION 8.3.6 TO REMOVE BUFFER REQUIREMENTS ALONG THE EAST BOUNDARY OF THE PROPERTY WHERE ABUTTING D DASH 18 PROPERTIES STAFF RECOMMENDS FOLLOWING CONDITIONS. APPLICANT WILL EFFECTIVELY RETAIN 20FT OF THE VEGETATIVE BUFFER SECTION OF THE NEIGHBORHOOD TRANSITION BUFFER WORKING WITH THE CITY ARBORIST TO CREATE AN APPROPRIATE MODIFIED PLANTING PLAN WITH ALL EVERGREENS AND AT A MINIMUM OF FOUR FEET. AT THE TIME OF PLANTING, THERE WAS A TEN FEET. MATT, WHAT WAS THE. YEAH, SORRY, IT'S TEN FEET. I NOTED THAT THERE WAS A MISTAKE IN THE STAFF. THANKS. TEN FEET TALL AT TIME OF PLANTING, WITH A MATURE HEIGHT OF AT LEAST 35FT AND A FENCE OR WALL, AS DETERMINED BY THE DIRECTOR AND TO THE APPLICANT, MODIFIES THE BUILDING PLAN TO ENSURE SUFFICIENT SPACE FOR REQUIRED INTERPERSONAL ACCESS BETWEEN NEIGHBORING, SIMILARLY ZONED PROPERTIES. IS THERE A SECOND? IS THERE A SECOND? SECOND? ALL THOSE IN FAVOR OF THE MOTION SAY I, I ALL THOSE OPPOSED SAY NAY, NAY, NAY, CHAIR SAYS NAY.

IT IS 3 TO 3. THE MOTION FAILS. RIGHT ON THAT. RIGHT. THREE, 333. MOTION FAILS. THE MOTION FAILS. THANK YOU. LET'S MOVE ON TO THE NEXT ITEM. MOTION THAT DOES PASS. WE DON'T HAVE TO.

IT'S UP TO. YEAH OKAY. WE'RE NOT REQUIRED TO. YEAH OKAY. ALL RIGHT. MOVING TO THE NEXT ITEM.

IS THERE ANY ONGOING BUSINESS. NO. NOTHING TO REPORT ON. AND I DON'T BELIEVE WE HAVE A CASE FOR DECEMBER. SO NOTHING IN QUEUE FOR DECEMBER JUST YET. THIS IS THE END OF THE YEAR FOR US. YES. HAPPY THANKSGIVING MERRY CHRISTMAS. ANY ANY NEW BUSINESS. NEW BUSINESS. NO. CAN I GET A MOTION TO ADJOURN? SECOND, ALL THOSE IN FAVOR SAY AYE. CHAIR

* This transcript was compiled from uncorrected Closed Captioning.