WIFE I WAS LIKE, IT FEELS. NO, THAT'S NOT THE APPLICANT. CALLING THE SANDY SPRINGS BOARD
[I. Call to Order]
[00:00:10]
OF APPEALS MEETING TO ORDER ON JANUARY 7TH, 2026. WHILE WE'RE IN THE PROCESS OF WAITING FOR THE APPLICANT, WE'LL START WITH. ROLL CALL. THANK YOU, MADAM CHAIR. GOOD EVENING, MADAM[II. Roll Call and General Announcements]
CHAIR, VICE CHAIR AND MEMBERS OF THE BOARD OF APPEALS. TODAY IS JANUARY 7TH, 2026. PLEASE CONFIRM YOUR ATTENDANCE AS I CALL YOUR NAME, MADAM CHAIR. SHERRY ALLEN, PRESENT VICE CHAIR JUSTIN SPARANO. PRESENT. BOARD MEMBER JASON BOSWELL HERE. BOARD MEMBER FRED JEWELL HERE.BOARD MEMBER NATHAN GUENTHER HERE. BOARD MEMBER SUSAN MAYER HERE. BOARD MEMBER KIM GAY.
YOUR ATTENDANCE HAS 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 MEETINGS. THE BOARD OF APPEALS DUTY IS TO REVIEW AND DECIDE ON APPEALS OF THE DIRECTOR'S ADMINISTRATIVE DECISIONS OR INTERPRETATION OF THE DEVELOPMENT CODE. APPEALS REGARDING APPROVAL OR DENIAL OF A PRELIMINARY OR FINAL PLAT WITHOUT ANY DEDICATION AND VARIANCES FROM THE STANDARDS 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 THE PETITION. THE APPLICANT MAY CHOOSE TO SAY SOME OF THE TIME FOR REBUTTAL FOLLOWING THE PRESENTATION BY THE OPPOSITION.
THE OPPOSITION WILL BE ALLOWED A TOTAL OF TEN MINUTES TO PRESENT TO PRESENT ITS POSITION.
SINCE THE BURDEN OF PROOF IS UPON THE APPLICANT, THE APPLICANT WILL BE ALLOWED TO MAKE CLOSING REMARKS PROVIDED TIME REMAINS FROM THE ORIGINAL ALLOTTED TIME. STAFF WILL KEEP TRACK OF THE TIME FOR BOTH SIDES. THOSE CALLED TO SPEAK WILL BE TAKEN IN THE ORDER THAT THE PUBLIC COMMENT CARDS WERE RECEIVED BY THE PLANNING, BY THE PLANNING AND ZONING CLERK PRIOR TO THE BEGINNING OF THE 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, BOOING, CHEERING, 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. 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 THE SCHEDULED MEETING, FOR INCLUSION IN THE NORMAL DISTRIBUTION OF PACKAGING TO THE BOARD. THANK YOU, MADAM CHAIR. THANK YOU, MISS BROWN. CAN I GET A MOTION
[III. Approval of Meeting Agenda ]
FOR APPROVAL OF THE MEETING AGENDA? SO MOVED. CAN I GET A SECOND? SECOND? ALL THOSE IN FAVOR SAY I. I CHAIR VOTES AYE. ITS UNANIMOUS APPROVAL OF THE MEETING MINUTES OF NOVEMBER 5TH,[IV. Approval of Meeting Minutes ]
2025. CAN I GET A MOTION FOR APPROVAL OF THE NOVEMBER 5TH, 2025 MEETING MINUTES? ARE WE READING THEM NOW? SO CAN I GET A SECOND? SECOND? ALL THOSE IN FAVOR, SAY I. CHAIR VOTES. I THE MADAM CHAIR WHO VOTED FIRST. WHO SET THE MOTION? MISS. THANK YOU. BOARD MEMBER. GAY. OKAY. I[V. Cases]
IT'S UNANIMOUS. NOW WE HAVE A CASE THAT WE'RE WAITING FOR THE APPLICANT TO BE HERE ON AND IS CASE NUMBER 2026 0003V 2549 AT SEVEN 821 JET FERRY ROAD. MY SUGGESTION IS WE WAIT A FEW MINUTES TO SEE IF THE APPLICANTS ARE JUST RUNNING LATE. DOES THE BOARD CARE TO SAY HOW LONG? OF TIME? I HAVE? MY SUGGESTION, BUT I'M JUST CURIOUS. WE'RE WAITING BECAUSE THEY ASKED US TO WAIT OR NO, NO, WE COULD DECIDE THAT THEY HAVEN'T COME. BUT I'M JUST SAYING IT'S WHAT IS IT? FIVE AFTER? HAS ANYBODY HEARD FROM THE APPLICANT? NO I HAVEN'T.DID THEY SAY THEY WERE PLANNING? I WAS JUST GIVING THEM A COURTESY IN CASE THEY WERE RUNNING LATE. YEAH. I GUESS MY QUESTION WAS IF THEY DON'T SHOW, WE STILL MOVE FORWARD WITH THE CASE, RIGHT? OR DO THEY HAVE TO BE HERE? I THINK WE MOVE FORWARD. WE MOVE. WE MOVE
[00:05:04]
FORWARD WITH THE CASE. I THINK THAT'S A LEGAL QUESTION. MAYBE AM I CORRECT? WE MOVE FORWARD WITH THE CASE. IF THE APPLICANT DOESN'T APPEAR, IF THEY HAVEN'T WITHDRAWN IT OR OR IS THAT CONSIDERED WITHDRAWAL? THAT'S WHAT THE QUESTION, I GUESS IS. WELL, SO IN THIS TYPE OF A HEARING IT IT IS IT'S QUASI JUDICIAL. SO THEY'RE THEY'RE REQUIRED DUE PROCESS. SO THEY WOULD NEED TO BE HERE IN ORDER TO, TO FOR THEM TO RECEIVE THAT. HOWEVER, YOU KNOW, IN A CIRCUMSTANCE LIKE THIS, IF, IF YOU WANTED TO GIVE THEM A FEW MINUTES AND POSTPONE IT TO THE NEXT MEETING AND GIVE STAFF TIME TO FIND OUT IF THEY WISH TO WISH TO WITHDRAW, THAT'D BE MY SUGGESTION. ESSENTIALLY, WE WOULD HAVE TO POSTPONE IT. WE COULDN'T MAKE A VOTE TODAY WITHOUT THEM HERE, BECAUSE HE'S SAYING THAT IT'S BECAUSE IT'S QUASI JUDICIAL. YOU'RE SAYING THAT ALTHOUGH THEY'VE HAD THE NOTICE AND OPPORTUNITY TO BE HEARD, IF THEY CHOOSE NOT TO BE HEARD, THEY SHOULD GET A THERE'S NOT SOME PARTICULAR REGULATORY RULE WITHOUT US KNOWING FOR SURE. WE WOULDN'T KNOW IF IF THEY HAD WITHDRAWN. I MEAN, THAT INTENTION MAY VERY WELL BE THERE. WE JUST YOU WOULDN'T HAVE ANY WAY OF KNOWING, RIGHT? OKAY. ALL RIGHT.DOES ANYONE HAVE ANY COMMENT OR DISCUSSION ON THAT? THAT'S THE LEGAL OPINION ABOUT IT OKAY. SO WHY DON'T WE WAIT FOR. FIVE MINUTES. AND WE WILL TRY TO GET THEM ON THE PHONE AS WELL? MISS, LET ME ASK, HOW WOULD THE. DO YOU KNOW IF WE HAVE DECIDED ON A DATE FOR THE RETREAT? WE DON'T MIND. I THINK IT'S GONNA BE THE 6TH OF FEBRUARY. YEAH. BUT I'M GOING TO WRITE THAT DOWN. AND. THEY COULD ARGUE EVEN THAT I COULD SEE PUTTING IT OVER IN SOME WAY. YEAH, THAT'S WHAT I SUGGEST WE DO THAT. OKAY. YEAH. OKAY. WELL. YEAH. CAN WE GET A MOTION TO. I SAID FIVE MINUTES, BUT CAN WE GET A MOTION TO EXTEND FIVE MINUTES TIME FOR THE APPLICANT TO, TO SHOW UP. WE NEED A MOTION FOR THAT. OH, I'LL MAKE A MOTION. IS THERE A SECOND I SECOND ALL THOSE IN FAVOR SAY I. I CHAIR VOTES I. SO WE HAVE FIVE MINUTES FROM THIS MOTION FOR THE APPLICANT TO APPEAR. HAS ANYBODY BEEN ABLE TO REACH THEM ON THE PHONE OR. NO. OH SHE STEPPED ON THE PHONE AND I'LL GO CHECK. REAL. HERE THEY ARE. NO. ARE YOU THE APPLICANTS FOR THE CASE THAT WE'RE HEARING TODAY? JET FERRY. OKAY. THANK YOU MA'AM. MISS BROWN, CAN YOU
[00:10:11]
READ THE GENERAL ANNOUNCEMENT SO THEY CAN HEAR THEM SO THEY UNDERSTAND THE PROCEDURE FOR TONIGHT? YES, CHAIR. DID YOU WANT ME TO READ THE FULL ANNOUNCEMENT OR YOU JUST WANT ME? THE PROCEDURE TAKES PLACE FOR A HEARING. NOT EVERYTHING. OKAY. THE BOARD OF APPEALS DUTY IS TO REVIEW AND DECIDE ON. IS IT MY MIC ON? OKAY. YEAH. DUTY IT. I'M SORRY. EXCUSE ME. THE BOARD OF APPEALS DUTY IS TO REVIEW AND DECIDE ON APPEALS OF THE DIRECTOR'S ADMINISTRATIVE DECISIONS OR INTERPRETATION OF THE DEVELOPMENT CODE. APPEALS REGARDING APPROVAL OR DENIAL OF A PRELIMINARY OR FINAL PLAT WITHOUT ANY DEDICATION 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 OF AN APPLICATION WILL BE ALLOWED A TOTAL OF TEN MINUTES TO PRESENT THE PETITION. THE APPLICANT AND APPLICANT MAY CHOOSE TO SAVE SOME OF THE TIME FOR REBUTTAL. FOLLOWING THE PRESENTATION BY THE OPPOSITION, 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 REMAINS FROM THE ORIGINAL ALLOTTED TIME. STAFF WILL KEEP TRACK OF TIME FOR BOTH SIDES. THOSE CALLED TO SPEAK 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 BE IDENTIFIED, WILL IDENTIFY THEMSELVES BY NAME, ADDRESS AND, IF APPLICABLE, ORGANIZATION. BEFORE THE BEGINNING OF THEIR PRESENTATION. DEMONSTRATION OF ANY SORT WITHIN THE CHAMBER IS PROHIBITED. SO PLEASE REFRAIN FROM ANY APPLAUSE. CHEERING, BOOING, OUTBURSTS OR ANY DIALOG WHEN THE PERSON IS SPEAKING, PLEASE SHOW THE SAME RESPECT TO THE PERSON SPEAKING THAT YOU WILL 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 THE SCHEDULING MEETING FOR INCLUSION IN THE NORMAL DISTRIBUTION OF PACKAGING TO THE BOARD. THANK YOU, MADAM CHAIR. THANK YOU, THANK YOU. CLERK BROWN, WILL YOU CALL THE FIRST CASE? OKAY. 20260003V2549 7821 JET FERRY ROAD. A REQUEST FOR A VARIANCE FROM SECTION 9.4.3. C AND SECTION 9.4. TWO POINT G, POINT TWO AND SECTION SIX .1.2. B AND SECTION 2.2.2 TO ALLOW A NEW HOUSE TO ENCROACH INTO THE SIDE SETBACK, WITH WALLS, RETAINING WALLS AND GRADING. PRESENTED BY MICHELLE MCINTOSH ROSS, OUR PLANNING AND ZONING MANAGER MANAGER. ROSS. THANK YOU. GREETINGS. BOARD OF APPEALS CHAIR, VICE CHAIR AND MEMBERS. THIS WILL BE THE ONLY CASE FOR TONIGHT. IT IS V DASH 2549 LOCATED AT 7821 JET FERRY ROAD. STAFF'S RECOMMENDATION IS DENIAL. NEXT SLIDE. THIS IS A REQUEST FOR A VARIANCE FROM SECTION 9423C SECTION 942 G2. SECTION 612B AND SECTION 222.TO ALLOW A NEW HOUSE TO ENCROACH INTO THE SIDE. SETBACKS WITH WALLS, RETAINING WALLS AND GRADING. NEXT SLIDE. ON THE LEFT SHOWS THE CHARACTER AREA LISTED AS PROTECTED NEIGHBORHOOD, AND TO THE RIGHT IS THE ZONING LISTED AS RE TWO, WHICH IS RESIDENTIAL ESTATE.
TWO ACRE MINIMUM LOT SIZE. NEXT SLIDE. THE AERIAL IMAGE SHOWS THE PARCEL AS VACANT AND FORESTED. NEXT SLIDE. THE EXISTING SITE SURVEY SHOWS THE PARCEL AS VACANT AND THE TOPOGRAPHY LINES IN ONE FOOT INTERVALS. NEXT SLIDE. YES. THANK YOU. THIS SITE IS A 0.88 ACRE UNDEVELOPED PARCEL WHICH IS MOSTLY FORESTED. THE PARCEL IS ZONED RE TWO, WHICH HAS A TWO ACRE MINIMUM, BUT SINCE THE PARCEL IS 0.8 ACRES, IT IS CONSIDERED A NONCONFORMING LOT OF RECORD PER SECTION 11 SEVEN FOUR. ACCORDING TO FULTON COUNTY RECORDS. THE OWNERS
[00:15:02]
ACQUIRED THE PROPERTY IN 2021, WHICH WOULD HAVE BEEN FOUR YEARS AFTER THE RE TWO ZONING WAS PUT IN PLACE. THE TOPOGRAPHY IS RELATIVELY MODERATELY SLOPED, AT 15.8% FROM THE STREET TO THE REAR PROPERTY LINE. NEXT SLIDE. THIS LOT DOES NOT HAVE A SANITARY SEWER CONNECTION AVAILABLE ALONG JET FERRY ROAD. THEREFORE, IT WILL NEED TO RESERVE SPACE FOR A SEPTIC SYSTEM. THERE ARE NO OTHER ENCUMBRANCES ON THE SITE. THE PICTURE TO THE LEFT SHOWS THE NEIGHBORING PROPERTY TO THE WEST, AND DEPICTED TO THE RIGHT SHOWS THE EAST SIDE OF THE PROPERTY WITH A GLIMPSE OF THE NEIGHBORING HOUSE THROUGH THE TREES. NEXT SLIDE.THE. THIS AERIAL SHOWS THE TOPOGRAPHY LINES AT THE USUAL TWO FOOT INTERVALS FOR THE PARCEL, AS WELL AS THE NEIGHBORHOOD. THE SUBJECT PROPERTY IS GENERALLY LESS STEEP THAN SOME OF THE SURROUNDING LOTS. THIS SHOWS RELATIVELY MODERATE TOPOGRAPHY.
NEXT SLIDE. THE. THIS IS THE PROPOSED SITE PLAN OR HOUSE PLAN. NEXT SLIDE. THIS SHOWS A ZOOMED IN A LITTLE BIT OF THAT PROPOSED HOUSE PLAN. THE PROPOSED DEVELOPMENT IS A NEW 4626 SQUARE FOOT, TWO STORY HOUSE ON THE VACANT LAND. IT INCLUDES FOUR BEDROOMS, FOUR AND A HALF BATHROOMS, A TWO CAR GARAGE, THREE PORCHES AND AN OFFICE, A POOL AND POOL BATH AND A BASEMENT. THE PROPOSED HOUSE PLAN SHOWS THE FOLLOWING ENCROACHMENTS. YES, STAY ON THAT ONE. OKAY, SO IN THE TOP RIGHT CORNER THERE'S AN ARROW SHOWING THE GRADING TO THE EAST PROPERTY LINE, WHICH IS 15FT BEYOND WHAT IS ALLOWED. JUST ON THE RIGHT MIDDLE SHOWS THE HOUSE WALL ENCROACHING TEN FEET INTO THE EAST SIDE SETBACK, WHICH IS NOT ALLOWED. AND THEN ON THE BOTTOM LEFT IT SHOWS THE RETAINING WALLS AND THE GRADING ENCROACHING 15.9FT INTO THE SIDE SETBACK, WHICH IS A 5.9FT 5.9FT BEYOND WHAT IS ALLOWED. NEXT SLIDE. AS I MENTIONED EARLIER, THIS IS A LOT. THIS LOT IS CONSIDERED A NONCONFORMING LOT OF RECORD STAFF HAS DETERMINED THAT THIS LOT IS BUILDABLE WITHOUT A VARIANCE WITH A DIFFERENTLY DESIGNED HOUSE PLAN. THIS SKETCH TO THE RIGHT SHOWS THE BUILDABLE AREA IN PINK AS APPROXIMATELY 14,348FT■S. NOTE THAT RETAINING WALLS AND GRADING CAN ENCROACH UP TO TEN FEET BEYOND THE BUILDABLE AREA INTO THE 25 FOOT SIDE SETBACKS, AND CAN ENCROACH UP TO 30FT BEYOND THE BUILDABLE AREA INTO THE 50 FOOT REAR. SETBACK FOR THIS SITE. SWIMMING POOLS AND SEPTIC SYSTEMS CAN ALSO ENCROACH INTO THE SIDE AND REAR. SETBACKS WITHIN THE GRADING AND RETAINING WALL SETBACKS. THIS PROPOSAL, HOWEVER, ENCROACHES ON THE EAST AND WEST SIDES.
EVEN BEYOND THESE ALLOWANCES PROVIDED IN THE CODE. NEXT, BASED ON THE VARIANCE CONSIDERATIONS IN THE DEVELOPMENT CODE, AND EXTREME HN DEMONSTRATED. WHILE THE VARIANCE WOULD NOT BUILD TO THE PUBLIC SAFETY, HEALTH AND WELFARE STAFF BELIEVES THE VARIANCE NEGATES THE INTENT OF THE DEVELOPMENT CODE BECAUSE IT UNNECESSARILY ENCROACHES INTO THE SETBACKS THAT WERE PUT IN PLACE TO MAINTAIN CONSISTENT DISTANCES BETWEEN HOMES. THE PHYSICAL CONDITIONS ARE NOT UNIQUE FOR SANDY SPRINGS. IN TERMS OF TOPOGRAPHY, THE SLOPE IS CONSIDERED RELATIVELY MODERATE. THE SUBSTANDARD LOT SIZE IS UNIQUE FOR THE NEIGHBORHOOD, BUT NOT UNIQUE FOR SANDY SPRINGS. THE CODE ALLOWS FOR THE DEVELOPMENT OF NONCONFORMING LOTS OF RECORD, BUT DOES NOT WAIVE COMPLIANCE WITH SETBACK REQUIREMENTS OR THE NEED TO PROVE AN EXTREME HARDSHIP GIVEN THE SIZE, SHAPE, AND TOPOGRAPHY. TOPOGRAPHICAL CONDITIONS. A DIFFERENT HOUSE PLAN WOULD ALLOW DEVELOPMENT OF THIS LOT WITHOUT THE NEED FOR VARIANCE. THE PROPOSED GRADING ON THE EAST SIDE OF THE PROPERTY POSES AN INFRINGEMENT ON THE ADJACENT PROPERTY. THE PHYSICAL CONDITIONS OF THE PROPERTY IS NOT A RESULT OF ACTION OR INACTION OF THE CURRENT PROPERTY OWNER. HOWEVER, THE PROPOSED HOUSE PLAN IS ONE THAT SEEKS A VARIANCE WHERE A DIFFERENTLY DESIGNED HOUSE WOULD NOT NECESSITATE A VARIANCE. NEXT SLIDE STAFF RECOMMENDS DENIAL OF V 2549 A REQUEST FOR A VARIANCE FROM SECTION 943 C. SECTION 942 G2. SECTION 612B AND SECTION 222 TO ALLOW A NEW HOUSE TO ENCROACH
[00:20:04]
INTO THE SIDE. SETBACKS WITH WALLS, RETAINING WALLS AND GRADING. THAT IS MY PRESENTATION. THANK YOU, MANAGER ROSS. THE PERSON'S HERE TO SPEAK ON BEHALF OF THE APPLICANT. PLEASE APPROACH THE PODIUM. STATE YOUR NAME AND YOUR ADDRESS. GOOD EVENING EVERYONE. GOOD EVENING. THANK YOU SO MUCH FOR HEARING US. I APPRECIATE YOUR TIME. MY NAME IS LYLA KEELAN. WE'VE BEEN THE OWNER OF THIS PROPERTY SINCE. COULD YOU SPEAK A LITTLE LOUDER, PLEASE? ABSOLUTELY. THANK YOU. I'M KNOWN TO BE LOUD, SO I'M SURPRISED. LYLA KEELAN, WE'VE BEEN THE OWNER OF THIS PROPERTY SINCE 2021. THE STATED CORRECTLY AND CURRENT ADDRESS IS IN ALPHARETTA. 505 OAK RIDGE TRAIL. SO THAT'S THAT'S PRETTY MUCH IT. A LITTLE BIT ABOUT US.WE, AS MENTIONED CORRECTLY, BOUGHT THE PROPERTY AND DID NOT HAVE ANY KNOWLEDGE OR WHERE WE'RE GOING AND HOW WE'RE DOING IT. WE DIDN'T HAVE THE MONEY EVEN TO START BUILDING. SO WE WAITED AND SAVED AND GOT EDUCATED AT THE SAME TIME. SO WITH WITHIN THE TIME AND FINALLY WHEN I WAS, WE WERE ABLE TO HAVE THE HOUSE OF OUR DREAMS WHERE WE WANTED TO BUILD IT. WE STARTED DESIGNING THE PROPERTY AND HENCE BROUGHT IT OVER FOR DISCUSSION. WE DESIGNED THE HOUSE AS WE WOULD IDEALLY WANTED IT TO BE, AND THEN WE FOUND OUT ONLY WHEN WE STARTED DESIGNING THAT THAT THE THE WHOLE AREA IS. MOST OF THEM ARE CATEGORIZED AS E-1, WHICH ALLOWS FOR THAT 15FT SETBACK. BUT OUR ONLY OUR PROPERTY IS THE ONLY ONE IN THAT NEIGHBORHOOD THAT IS CATEGORIZED AS AN E-2. WE DIDN'T KNOW THAT WHEN WE BOUGHT THE PROPERTY AND WHEN WE DID THE INVESTIGATION. SO THAT WAS THE IT WAS A NEWS TO US. AND HENCE WE CAME OVER TO ASK FOR VARIANCE. WE WE ASKED THE NEIGHBOR ON KIND OF LIKE OUR LEFT FACING JET FAIRY. THEY DIDN'T HAVE A CONCERN WITH IT. AND MAINLY REALLY THE REASONS THAT WE'RE ASKING FOR THE VARIANCE ARE, ARE THREE. ONE IS THE FACT THAT THE PROPERTY IS IS NARROWED. IT'S VERY NARROW. IF YOU LOOK AT IT, THAT'S THE ONLY PROPERTY WE COULD AFFORD.
WE COULDN'T AFFORD A BIGGER LOT. SO THAT'S THE PROPERTY THAT WE BOUGHT AND IT'S NARROWED. AND WE'RE TRYING TO MAXIMIZE THE BUILD FOR THE AREA AND THE VALUE FOR THE AREA. SO IT COULD MEET THE HOUSES IN IN THAT. SO THIS HOUSE WILL NOT BE SMALLER OR LOWER IN THE VALUE AND REDUCE THE NEIGHBORHOOD VALUES AS WELL. SO WE'RE TRYING TO BUILD ACCORDING TO THE PROPERTIES IN THAT NEIGHBORHOOD. THAT WAS THE RECOMMENDATION WE GOT AS WELL. SO WE DESIGNED THE HOUSE THAT WE MEET, THE PROPERTY THAT MAXIMIZED WHAT WE CAN BUILD ON THAT LOT. SO GIVEN THE NARROW, WE ALSO BOUGHT A SURVEY THAT CAN LOOK AT THE STEEP. AND HOW MUCH SPACE DO WE NEED FOR SEPTIC TANK. AND WHAT WE GOT IS THAT WE NEED A WHOLE LOT OF SPACE FOR THE SEPTIC TANK. SO SO THE AMOUNT THAT WE CAN REALLY BUILD ON IS VERY LIMITED. SO WE TRIED TO LIMIT THE AMOUNT OF WHAT WE CAN BUILD OR THE MAXIMIZE THE AMOUNT THAT WE CAN BUILD FOR THE SPACE THAT WE CAN BUILD. AND HENCE THAT'S THE MAIN, YOU KNOW, THE THREE MAIN REASONS THAT WE WANTED TO KIND OF ASK FOR THE VARIANCE. WE WOULD REALLY APPRECIATE IT. I DON'T KNOW, IT DOESN'T BOTHER THE NEIGHBOR ON THE RIGHT HAND SIDE. WE HE DIDN'T SEE ANY CONCERN WITH THAT. SO. THAT'S THE MAIN, MAIN REASONS WE'RE ASKING FOR IT, MA'AM. AND SIRS IS THAT CONCLUDE YOUR INITIAL PRESENTATION OKAY. THANK YOU. IS THERE ANYONE HERE TO SPEAK ON BEHALF OF THE APPLICANT OR IN OPPOSITION? I'VE GOT MY CONTRACTOR WITH US AND THEY CAN ALSO KIND OF SPEAK ABOUT. OKAY.
ALSO A NEIGHBOR MY NAME IS I'M LIVING CAN CAN YOU SPEAK IT INTO THE MIC SO WE CAN MAKE SURE WE PICK IT UP. MY NAME IS YANIV REGEV. I'M LIVING ONE HOUSE AWAY FROM THIS PROPERTY, AND I'M THE BUILDER FOR. FOR THE ADDRESS. WE NEED THE ADDRESS. WHAT IS YOUR CURRENT
[00:25:02]
ADDRESS? MY ADDRESS IS 7755 JET FERRY ROAD. OKAY. THANK YOU. AND. I. I HELP HER TO DESIGN THE HOUSE. WE WORK WITH THE CITY ON THE VARIANCE. WHY? WE NEED THIS? ANOTHER 20FT TO BUILD THE HOUSE. BECAUSE THE LOT IS ALSO VERY, VERY SLOPPY IN THE BACK. AND IT'S ALL ROCKS IN THE LOT, FOUR FEET, FOUR FEET UNDER THE GROUND, UNDER THE SURFACE. THE TOP SURFACE IS THE ROCKS EVERYWHERE. SO WE ALSO ARE DEALING WITH TO DESIGN A SPECIAL A SEPTIC TANK TO THIS LOT. SO ALL THESE PARAMETERS MAKE US TO DESIGN THE HOUSE THIS WAY. AND. THAT'S WHAT WE'RE THINKING IS THE OPTIMUM HOW TO USE THE LOT AND BUILD THE RIGHT HOUSE FOR THEM.THAT'S IT. THANK YOU. IS THERE ANYONE ELSE TO SPEAK ON BEHALF OF THE APPLICANT OR AN OPPOSITION? IS IS THAT CONCLUDE YOUR PRESENTATION AT THIS TIME? OKAY. THANK YOU. YOU STILL HAVE.
WELL THERE'S NO ONE IN OPPOSITION. YOU STILL HAVE FOUR MINUTES AND 52 SECONDS. I'M GOOD. OKAY. ALL RIGHT. THANK YOU. YOU'RE WELCOME. THANK YOU FOR YOUR CONSIDERATION. THANK YOU. WE'LL CLOSE THE PUBLIC PORTION AND NOW DO OUR DISCUSSION. AND WE MAY HAVE QUESTIONS FOR YOU, MA'AM AS WELL. DOES ANYONE WANT TO START? I HAVE QUESTIONS, BUT ANYONE ELSE CAN START. MR. SPARANO, I HAVE A QUESTION FOR THE APPLICANT. AND CAN YOU ALL GO BACK TO THE SLIDE THAT SHOWS THE RED AREA, THE BUILDABLE AREA? NOW YOU'RE REALLY TEASING.
YEAH. CAN YOU CAN YOU BLOW THIS ONE OUT A LITTLE BIT SO THEY COULD SEE IT. SO HAVE YOU ALL SEEN THIS SLIDE THAT SHOWS THE BUILDABLE AREA OF THE 14,000FT■. YEAH. HAS THERE BEEN ANY CONSIDERATION TO MOVE THE POOL OR MAKE THE REQUIREMENTS WITHIN THAT RED AREA. SO YOU WOULD NOT REQUIRE VARIANCE. IS IT POSSIBLE TO MAKE CHANGES. SO IN THE BOTTOM OF THE LOT THAT'S THE AREA WHERE THE SEPTIC TANK GOES. THAT'S THE ONLY PLACE WE CAN FIND WITH THE WITH THE PEOPLE THAT MAKE THE SOIL TEST THAT THAT'S THE ONLY AREA WE CAN MAYBE, MAYBE MAKE IN A SEPTIC TANK OVER THERE. WE'RE WORKING WITH THE FULTON COUNTY RIGHT NOW WITH THE HEALTH DEPARTMENT TO GET IT APPROVED, BUT THAT'S THE ONLY AREA THAT WE HAVE A LITTLE BIT DEPTH TO MAKE A SEPTIC TANK THE BACK OF THE LOT. AND IT'S NOT AND IT'S GETTING NOT SO SLOPPY OVER THERE. SO YOU CAN YOU CAN ACTUALLY FIT THE THE SEPTIC TANK IN THE BACK. SO ESSENTIALLY THERE'S NO OTHER OPTIONS TO DESIGN THIS HOUSE. THAT WAS THE ONLY OPTION. THE ONLY OTHER OPTION IS TO MAKE THE HOUSE SMALLER. AND AND THAT'S NOT FIT TO WHAT WHAT YOU NEED. YOU KNOW MY MY QUESTION IS WITH REGARD TO THE SEPTIC TANK, DID YOU BRING ANY STUDIES OR ANYTHING TO SHOW US THAT THAT'S WHAT YOU WERE TOLD? YEAH, WE I THINK WE HAVE THE SOIL.
BUT WITH REGARD TO THE SEPTIC TANK ITSELF, THAT THAT'S THE ONLY PLACE IT CAN GO. I THINK WE SUBMIT THE, THE WITH, WITH ALL THE PAPER THAT WE SUBMIT. WE SUBMIT ALSO THE, THE SOIL TEST THAT SHOWING WHERE'S IT ACTUALLY PLACE THAT WE CAN MAKE THE, THE SEPTIC TANK. WE HAVE ALREADY SEPTIC TANK DESIGNED FOR THAT AREA DOWN THERE SO WE CAN SHOW IT. BUT IT'S OKAY. WE CAN SHARE IT WITH YOU. I DON'T KNOW IF I HAVE IT ON MY PHONE, BUT MAYBE WE CAN SHARE IT. AND YOU'RE AWARE THAT WE ARE CONFINED TO THE DEVELOPMENT CODE. UNLESS THERE WE YOU MEET THE REQUIREMENTS FOR A VARIANCE, THAT A VARIANCE IS NOT JUST SOMETHING THAT IS JUST LIGHTLY GIVEN THAT WE HAVE REGULATORY REQUIREMENTS THAT WE HAVE TO MEET IN THE ORDINANCE IN ORDER TO GRANT A VARIANCE. AGREE. AND WE DID KNOW ABOUT IT. AND I THINK THAT'S WHAT ONE OF THE HARDSHIPS THAT WE WERE TRYING TO ARTICULATE IS, AGAIN, THE SLOPE MIGHT NOT BE AS STEEP, BUT THE GROUND AND THE ROCKS IS THE ONE THAT PREVENTS US FROM ACTUALLY. AND THIS IS WHERE I WAS TRYING TO ARTICULATE, THERE'S NOT THAT MUCH OF A SQUARE FOOTAGE THAT WE CAN ACTUALLY USE IN THE LOT. THE ONLY PLACE WE CAN MAXIMIZE THE BUILD OUT IS ACTUALLY CLOSER TO THE JET FERRY ROAD AS MUCH AS UP AS POSSIBLE, BECAUSE OTHERWISE I DON'T HAVE SEPTIC RR TANK. AND TO YOUR POINT, THERE'S NO SEWAGE. SO THAT'S THE ONLY PLACE. AND I THINK THAT'S THE THE MAIN HARDSHIP THAT WE'RE TRYING TO SAY. IT'S, IT'S A SMALLER LOT. AND THE ONLY ALLOCATION THAT WE HAVE FOR SEPTIC TANK AND TO MAKE, MAKE IT LIVABLE IS, IS BUILDING AS MUCH AS POSSIBLE AT THE TOP OF THE LOT, RIGHT CLOSER TO THE JET FERRY AND NOT USE THE BOTTOM PART OF IT. OKAY. AND WHILE YOU WERE IN THE DESIGN, WHEN YOU WERE DESIGNING, YOU
[00:30:01]
WERE AWARE OF WHAT THE SETBACK REQUIREMENTS, WHAT WERE REQUIRED FOR SETBACKS. WE ONLY FOUND OUT THAT WE ARE ONE VERSUS E TWO OR VICE VERSA IS WHEN WE CAME OVER. AND I THINK THAT'S WHAT WE LEARNED THAT THERE'S LIKE, OH, LIKE I DIDN'T I DIDN'T EVEN KNOW THAT THERE IS A DIFFERENCE BETWEEN WHAT'S AN E-1 VERSUS E-2. PART OF OUR LEARNING THROUGH THIS PROCESS WAS TO FIGURE OUT THAT THERE IS THE DEFINITION MEANS DIFFERENT SETBACKS. DEFINITION. YEAH. WE MET WITH THE ASAS FROM THE CITY HALL AND WE BRING IN THE SITE PLAN. AND THEN HE SHOWED US THAT THIS BECAUSE ALL THE LOTS IN THIS AREA IS E-1, AND ONE THAT IS ACTUALLY ONLY 15FT. SO WE BASE OUR WHOLE DESIGN PLAN AND DESIGN ON 15FT SETBACK. AND THEN WHEN I COME WITH THE PRELIMINARY PLAN TO JESUS, HE TOLD ME, NO, THIS IS A E-1, SO YOU CAN MAKE IT. THIS IS THIS IS 25. THEN WE GET TO THEN I COME BACK TO HER AND I TOLD HER ALL THAT. AND THEN AND THEN WE START TO GO THE WHOLE PROCESS OF THE VARIANCE BECAUSE THE WHOLE NEIGHBORHOOD IS, IS 15FT SETBACK, YOU KNOW. BUT DID YOU AT ALL WORK ON ALTERING THE DESIGN ONCE YOU TALK TO SOMEONE FROM THE CITY? WE TRIED BEFORE ALTERING THE DESIGN AS LIKE WE TRIED TO GET THE WHAT WE COULD DO TO GET THE HOUSE WE WANT, RIGHT? THAT'S THAT'S OUR GOAL BEFORE WE CHANGE IT, BEFORE WE ALTER IT TO THE POINT THAT WAS MADE EARLIER, WE CANNOT MOVE THE THERE'S NOT MUCH GAME THAT WE COULD DO WITH THIS LOT. THERE'S NOT MUCH FLEXIBILITY. SO WE CANNOT MOVE THE POLE TO THE BOTTOM PART. WE CANNOT MOVE IT TO THE LEFT OR SIDE. OUR ONLY, OUR ONLY LEEWAY AND ONLY RULE IS TO TO TRY TO SEE IF WE CAN ADJUST TO THE KIND OF, TO THE SIDES. AND GIVEN THAT WE ASKED OUR NEIGHBORS, AT LEAST THE ONE ON CLOSER TO ME ON THE LEFT HAND SIDE, LIKE, DOES IT BOTHER YOU? DOES IT, DOES IT CREATE ANY ISSUES FOR YOU? AND THE ANSWER WAS NO. OKAY. WE CLEARED IT WITH THE NEIGHBORS AND WE PROMISED THEM THAT WE WILL HAVE THE RIGHT. PRIVACY IF NEEDED. SO DO YOU WANT TO AT ALL ADDRESS THE COMMENTS MADE BY THE ENGINEER, THE ARBORIST AND THE DEVELOPMENT MANAGER? CAN YOU PULL THAT UP, PLEASE? IF YOU DON'T MIND. WHAT WAS THEIR COMMENT? I CAN SAY THE COMMENTS, BUT CAN IT BE PULLED UP SO SHE CAN SEE IT? I THINK ONE OF THE COMMENT WAS THAT IT'S GOING TO DETERIORATE THE OR EXACT EXACT THE THE WHAT IS IT GOING TO HURT LIKE I DIDN'T GET ANY COMMENTS. OKAY, LET'S READ THAT FIRST. I THOUGHT IT WAS LIKE IF THE HARBOR WAS WORRIED THAT. I DON'T KNOW THAT THE VARIANCE OF THE SETBACK REALLY CHANGE ANYTHING OR HURT ANY WATER FLOWS. WE DIDN'T. WE NEVER SUBMIT. ACTUALLY, A COMPLETE SITE SITE PLAN FOR BUILDING, SO WE NEVER GET ANY COMMENTS FROM ANYONE. WE JUST BECAUSE WE SUBMIT SOMETHING, WE SUBMIT JUST A MINOR LDP TO START TO TAKE TREES. AND THIS HAS NEVER BEEN APPROVED. AND WE WHEN WE HOLD ON ON THAT BECAUSE WE'RE GOING TO WE DECIDE TO GO TO THE VARIANCE PROCESS. AND, BUT WE NEVER SUBMIT ANYTHING FOR A BUILDING PERMIT OR ANYTHING LIKE THAT. THAT'S WHY WE NEVER GET ANY COMMENTS ON, ON ANYTHING. CAN YOU, CAN YOU SEE THE COMMENTS NOW FROM THE ENGINEER? CAN YOU DO YOU MIND READING IT? I DON'T MIND AT ALL.SORRY. YOU'RE LIKE SIRI, OKAY. I DON'T MIND AT ALL. NOT ENOUGH OF A MAGNIFYING GLASS RIGHT NOW.
OKAY. SO THE SANDY SPRINGS CITY ENGINEER SAID THE HOUSE CAN BE DESIGNED FOR THIS LOT THAT MEETS THE DEVELOPMENT CODE. YOU'VE SPOKEN TO THAT. THE ARBORIST SAID THERE ARE BOUNDARY TREES VISIBLE ON ON ONLINE AERIAL IMAGERY THAT ARE NOT SHOWN ON THE PLAN. THE INCREASED DISTURBANCE IN THE SIDE, SETBACKS FROM THE PROPOSED SITE PLAN COULD IMPACT THE BOUNDARY TREES, AND THEN THE DEVELOPMENT MANAGER STATED THAT RETAINING WALLS CAN ENCROACH MORE THAN TEN FEET INTO THE SIDE SETBACK. THE PLAN SHOWS IT'S ALMOST 16FT INTO THE SIDE SETBACK, 9.1FT FROM THE PROPERTY LINE. THE POOL YOU DISCUSSED. THE POOL AT THE REAR OF THE HOME MAY BE BUILT IN ACCORDANCE WITH CODE REQUIREMENTS, IS WHAT THE DEVELOPMENT MANAGER SAID. THE WATER QUALITY DISCHARGE LOCATION MUST BE A MINIMUM OF TEN FEET FROM THE PROPERTY LINE. ALTHOUGH RELATED TO PLANNING AND ZONING, THE GARAGE APPEARS TO BE MORE THAN 50% OF THE BUILDING FACADE, WHERE 40% IS THE MAXIMUM, AND THE GARAGE ALSO DOES NOT APPEAR TO SETBACK FIVE FEET FROM THE FRONT PLANE OF THE HOUSE. THE HOME'S CONDITION SPACE, IF I'M NOT MISTAKEN, THOSE COMMENTS IS IS HAS. I DON'T READ THEM AS
[00:35:07]
RELEVANT TO THE SETBACK UNLESS YOU CORRECT ME DIFFERENTLY. THINK SOMEONE IS LOOKING AT THE PLAN AND CRITIQUES THE PLAN. WE HAVEN'T SUBMITTED THE PLAN FOR BUILD OUT YET. ALL WE'RE ASKING IS VARIANCE. NOW, WHEN WE SUBMIT THE PROCESS FOR THE PLANS AND THEY'LL TELL US, HEY, THE IT'S REALLY 9.1 VERSUS TEN, WE'LL CHANGE IT AND ADJUSTED THE PLAN AGAINST THAT. PERHAPS THOSE WERE DRAFTS THAT WERE NOT THAT ACCURATE AND HENCE NEEDS TO BE MORE ACCURATE. SO I'LL ADDRESS THAT. THE GARAGE BEING 50% VERSUS 40%. I DON'T KNOW IF THERE'S CODE FOR THAT, BUT IF THERE'S CODE THERE IS A CODE FOR THAT. BUT WE NEVER SUBMIT A PLAN. SO WE OKAY, WE CANNOT GET ANY COMMENTS BECAUSE WE NEVER SUBMIT A HOUSE PLAN. WE NEVER DID IT. WE NEVER SUBMIT ANY, ANY PLAN. SO WE CAN'T GET A COMMENT. ALL RIGHT. I DON'T HAVE ANY FURTHER QUESTIONS FOR YOU. THANK YOU. ANYONE ELSE HAVE OTHER QUESTIONS? ANY QUESTIONS FOR STAFF? ARE WE READY TO PROCEED? IF SO, CAN I GET A MOTION? THANK YOU GUYS. I'LL MAKE A MOTION. IS THERE A SECOND? WHAT WAS THAT? I DIDN'T HEAR A MOTION TO DENY. I'LL SECOND. ALL RIGHT. ALL THOSE IN FAVOR OF THE STAFF'S RECOMMENDATION TO DENY VARIANCE? V 2549, SAY I, I ANY OPPOSED CHAIR VOTES? AYE. IT'S UNANIMOUS VARIANCE. THERE'S A DENIAL OF VARIANCE V 2549.THANK YOU. IS THERE ANY ONGOING BUSINESS ANY NEW BUSINESS? I'D JUST LIKE TO ANNOUNCE THAT
[VII. New Business]
WE'LL DO OUR ELECTIONS AT THE FEBRUARY MEETING. SO WE'LL SEE THAT ON THE AGENDA. OKAY. ALL RIGHT. CAN WE GET A MOTION TO ADJOURN? SO MOVED. IS THERE A SECOND? SECOND? ALL THOSE IN FAVOR SAY AYE. AYE.* This transcript was compiled from uncorrected Closed Captioning.