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Tuesday, February 7, 2017 7:00 PM

Zoning Board of Appeals - Regular Meeting/Public Hearings

Location

Administration Building
110 E Main Street
Cumming, GA 30040

Meeting Video

   BOOKMARKS
03:40
Announcements
06:02
VA160071
13:40
VA160072
15:36
VA160073
17:55
VA160075
24:59
VA160076
37:06
VA160078

Documents

Forsyth County is committed to providing all persons with equal access to its services, programs, activities, education and employment regardless of race, color, national origin, religion, sex, familial status, disability or age. Persons with special needs relating to handicapped accessibility or foreign language may contact the Title VI Coordinator at 770-781-2101 a minimum of 48 hours prior to the meeting date/time. The Title VI Coordinator is located at 110 East Main Street, Suite 255, Cumming, Georgia between the hours of 8:30 AM and 5 PM, Monday through Friday, except holidays. Persons with hearing disabilities can contact us using the Georgia Relay Service, at (TDD) 1-800-255-0056 or (Voice) 1-800-255-0135, and asking to connect to 770-781-2101.

 

The Zoning Board of Appeals will hold a Regular meeting on Tuesday, February 7, 2017 at 7:00 p.m. in the Commissioners Meeting Room, Suite 220, of the Forsyth County Administration Building located at 110 East Main Street, Cumming, Georgia 30040.

 

The purpose of the meeting will be for discussion and consideration of the items as outlined on the agenda and such other business as may properly come before the Board.

 

Susan Green

Planner I

January 20, 2017

Forsyth County is committed to providing all persons with equal access to its services, programs, activities, education and employment regardless of race, color, national origin, religion, sex, familial status, disability or age. Persons with special needs relating to handicapped accessibility or foreign language may contact the Title VI Coordinator at 770-781-2101 a minimum of 48 hours prior to the meeting date/time. The Title VI Coordinator is located at 110 East Main Street, Suite 255, Cumming, Georgia between the hours of 8:30 AM and 5 PM, Monday through Friday, except holidays. Persons with hearing disabilities can contact us using the Georgia Relay Service, at (TDD) 1-800-255-0056 or (Voice) 1-800-255-0135, and asking to connect to 770-781-2101.

FORSYTH COUNTY ZONING BOARD OF APPEALS (ZBA)
REGULAR MEETING AGENDA
2/7/2017 at 7:00 P.M. in the COMMISSIONERS MEETING ROOM
110 E. Main Street, Suite 220, Cumming, GA 30040

I.    Call Meeting to Order

      PLEDGE OF ALLEGIANCE

II.   Adopt or amend minutes of the December 13, 2016 and January 3, 2017 Work Session meeting and the December 13, 2016 and January 3, 2017 Regular meeting.

III.  Announcements

Pursuant to Section 8-3.4 (E) of the Unified Development Code of Forsyth County, the findings and decisions of the Zoning Board of Appeals shall be final unless a person aggrieved shall, within ten (10) days of such decision, petition the Board of Commissioners of Forsyth County to review the decision.  At the end of the (10) day period, it shall be the responsibility of each applicant to check with the Department of Planning & Community Development to confirm whether or not such an appeal has been made.

Pursuant to Section 8-3.4 (B) of the Unified Development Code of Forsyth County, persons wishing to speak on any proposal shall provide their name and address to the Department of Planning & Community Development staff prior to the time of speaking at this public hearing.  You may obtain a copy of this form in the foyer of this meeting room.

IV. Old Business

None.

V.  New Business

VARIANCES

1.  VA160071 - Jack Lawrence Miller Jr.
This request involves a side yard variance of 5 feet to allow a side setback to be 5 feet rather than the required 10 feet. The applicant is also requesting an accessory structure maximum size variance of 980 square feet to allow an accessory structure to be 1980 square feet rather than the maximum 1000 square feet.

The property is located in Gaylan Subdivision, Lot #5, 9720 Lee Circle and is currently zoned LR - Lake Residential District.  This property is in Commission District #4.

2.  VA160072 - Bryan Kilpatrick
This request involves a lot width variance of 13.3 feet to allow a lot to be 86.7 feet in width at the build line rather than the required 100 feet in width.

The property is located in Princeton Square Subdivision, Lot #266, 3340 Applecross Lane and is currently zoned R2R - Single Family Residential Restricted District.  This property is in Commission District #5.

3.  VA160073 - SR Companies, LLC
This request involves a rear variance of 8 feet to allow a rear setback to be 17 feet rather than the required 25 feet. The applicant is also requesting a front yard variance of 11 feet to allow a front setback to be 19 feet rather than the required 30 feet.

The property is located in Hunters Walk Subdivision, Lot #74, 4470 Hunters Walk Way and is currently zoned RES2 - Single Family Residential Two Units/Acre District.  This property is in Commission District #1.

4.  VA160074 - EMD Designs, LLC
This request involves a buffer variance of 40 feet to allow a buffer to be 0 feet rather than the required 40 feet. The applicant is also requesting a front yard variance of 30 feet to allow a front setback to be 10 feet rather than the required 40 feet and a side yard variance of 46 feet to allow a setback to be 4 feet from the side property line rather than the required 50 feet.

The property is located at 4455 Jot' Em Down Road and is currently zoned CBD - Commercial Business District.  This property is in Commission District #4.

5.  VA160075 - Larry Wilkie
This request involves a heated square footage variance of 216 square feet to allow a dwelling to be 884 square feet of heated space rather than the required 1100 square feet. The applicant is also requesting a side yard variance of 4 feet to allow a side setback to be 6 feet rather than the required 10 feet.

The property is located in Shady Shores Subdivision, Lot #134, on the east side of Bonneville Drive approximately 60 feet south of the intersection with Starr Street and is currently zoned R2R - Single Family Residential Restricted District.  This property is in Commission District #5.

6.  VA160076 - Larry Wilkie
This request involves a heated square footage variance of 216 square feet to allow a dwelling to be 884 square feet of heated space rather than the required 1100 square feet. The applicant is also requesting a side yard variance of 4 feet to allow a side setback to be 6 feet rather than the required 10 feet.

The property is located in Shady Shores Subdivision, Lot #143, east side of Belaire Drive approximately 621 feet north of the intersection with Century Drive and is currently zoned R2R - Single Family Residential Restricted District.  This property is in Commission District #5.

7.  VA160077 - Catherine Failla
This request involves an exterior yard variance of 12 feet to allow an exterior setback to be 38 feet rather than the required 50 feet.

The property is located in Rosewood Lake Subdivision, Lot #23, 5030 Woodlong Lane and is currently zoned R1R - Single Family Residential Restricted District.  This property is in Commission District #3.

8.  VA160078 - Sawnee Partners, LLC
This request involves a rear and side yard variance of 40 feet to allow a rear and side setback to be 10 feet rather than the required 50 feet and a buffer variance of 40 feet to allow a buffer to be 0 feet rather than the required 40 feet. The applicant is also requesting a mini-warehouse building length variance of 120 feet to allow a mini-warehouse building lo be 320 feet in length rather than the maximum 200 feet in length; and a minimum lot size variance of 0.2 acres to allow a minimum lot size to be 1.8 acres for mini-warehouses rather than the minimum 2 acres.

The property is located at 1275 Buford Highway and is currently zoned CBD - Single Family Residential District.  This property is in Commission District #5.

VI. Adjournment

For more information please call 770-781-2115

February ZBA Regular Meeting Summary

FORSYTH COUNTY ZONING BOARD OF APPEALS (ZBA)
REGULAR MEETING AGENDA SUMMARY
2/7/2017 at 7:00 P.M. in the COMMISSIONERS MEETING ROOM
110 E. Main Street, Suite 220, Cumming, GA 30040

(The below decision summary language may include ZBA-initiated modifications to the original application request.)

Members Present:

 Jim Kinsey - Chairman
 Jack Shoemake - Vice Chairman
 Steve Kirby - Member
 Edward Kroell - Member
 Don Owen - Member

Below is a brief agenda summary.
The official minutes will be published at a later date.

Variances

VA160071
Jack Lawrence Miller Jr.
DECISION SUMMARY
The variance application was approved for a side yard variance of 5 feet to allow a side setback to be 5 feet rather than the required 10 feet. The applicant is also requesting an accessory structure maximum size variance of 980 square feet to allow an accessory structure to be 1980 square feet rather than the maximum 1000 square feet.
PROPERTY LOCATION
This property is located in Gaylan Subdivision, Lot #5, 9720 Lee Circle.

VA160072
Bryan Kilpatrick
DECISION SUMMARY
The variance application was postponed until March 7, 2017 for a lot width variance of 13.3 feet to allow a lot to be 86.7 feet in width at the build line rather than the required 100 feet in width.
PROPERTY LOCATION
This property is located in Princeton Square Subdivision, Lot #266, 3340 Applecross Lane.

VA160073
SR Companies, LLC
DECISION SUMMARY
The variance application was postponed until March 7, 2017 for a rear variance of 8 feet to allow a rear setback to be 17 feet rather than the required 25 feet. The applicant is also requesting a front yard variance of 11 feet to allow a front setback to be 19 feet rather than the required 30 feet.
PROPERTY LOCATION
This property is located in Hunters Walk Subdivision, Lot #74, 4470 Hunters Walk Way.

VA160074
EMD Designs, LLC
DECISION SUMMARY
The variance application was postponed until March 7, 2017 for a buffer variance of 40 feet to allow a buffer to be 0 feet rather than the required 40 feet. The applicant is also requesting a front yard variance of 30 feet to allow a front setback to be 10 feet rather than the required 40 feet and a side yard variance of 46 feet to allow a setback to be 4 feet from the side property line rather than the required 50 feet.
PROPERTY LOCATION
This property is located at 4455 Jot' Em Down Road.

VA160075
Larry Wilkie
DECISION SUMMARY
The variance application was approved for a heated square footage variance of 216 square feet to allow a dwelling to be 884 square feet of heated space rather than the required 1100 square feet. The applicant is also requesting a side yard variance of 4 feet to allow a side setback to be 6 feet rather than the required 10 feet.
PROPERTY LOCATION
This property is located in Shady Shores Subdivision, Lot #134, on the east side of Bonneville Drive approximately 60 feet south of the intersection with Starr Street.

VA160076
Larry Wilkie
DECISION SUMMARY
The variance application was denied for a heated square footage variance of 216 square feet to allow a dwelling to be 884 square feet of heated space rather than the required 1100 square feet. The applicant is also requesting a side yard variance of 4 feet to allow a side setback to be 6 feet rather than the required 10 feet.
PROPERTY LOCATION
This property is located in Shady Shores Subdivision, Lot #143, east side of Belaire Drive approximately 621 feet north of the intersection with Century Drive.

VA160077
Catherine Failla
DECISION SUMMARY
The variance application was postponed until March 7, 2017 for an exterior yard variance of 12 feet to allow an exterior setback to be 38 feet rather than the required 50 feet.
PROPERTY LOCATION
This property is located in Rosewood Lake Subdivision, Lot #23, 5030 Woodlong Lane.

VA160078
Sawnee Partners, LLC
DECISION SUMMARY
The variance application was postponed until March 7, 2017 for a rear and side yard variance of 40 feet to allow a rear and side setback to be 10 feet rather than the required 50 feet and a buffer variance of 40 feet to allow a buffer to be 0 feet rather than the required 40 feet. The applicant is also requesting a mini-warehouse building length variance of 120 feet to allow a mini-warehouse building lo be 320 feet in length rather than the maximum 200 feet in length; and a minimum lot size variance of 0.2 acres to allow a minimum lot size to be 1.8 acres for mini-warehouses rather than the minimum 2 acres.
PROPERTY LOCATION
This property is located at 1275 Buford Highway.

The listed applications have until 2/17/2017 to be appealed.

MEETING MINUTES
FORSYTH COUNTY ZONING BOARD OF APPEALS
REGULAR MEETING, FEBRUARY 7, 2017 AT 7:00 p.m.
FORSYTH COUNTY ADMINISTRATION BUILDING
110 EAST MAIN STREET – SUITE 220
CUMMING, GA 30040

MEMBERS PRESENT: Jim Kinsey, Jack Shoemake, Don Owen, Edward Kroell, and Steve Kirby
MEMBERS ABSENT: None
Also Present:  Susan Green; Planner I, Carroll Williams; Planner Technician, Sharon Farrell; Planning Manager
Chairman Jim Kinsey called the meeting to order at 7:00 p.m.
Chairman Kinsey conducted the Pledge of Allegiance.

There was a motion by Jack Shoemake and a second by Edward Kroell to adopt the December 13, 2016 and January 7, 2017 Work Session meeting minutes and the December 13, 2016 and the January 7, 2017 Regular meeting minutes.
Motion carried 4 members (Jim Kinsey, Jack Shoemake, Don Owen, Edward Kroell) in favor and 1 member (Steve Kirby) abstained.

UNDER ANNOUNCEMENTS THE FOLLOWING ACTION WAS TAKEN:
Chairman Kinsey read the following announcements:

Pursuant to Section 8-3.4 (E) of the Unified Development Code, the findings and decisions of the Zoning Board of Appeals shall be final unless a person aggrieved shall, within ten (10) days of such decision, petition the Board of Commissioners of Forsyth County to review the decision. At the end of this ten (10) day period, it shall be the responsibility of each applicant to check with the Department of Planning and Community Development to confirm whether or not such an appeal has been made.
Pursuant to Section 8-3.4 (B) of the Unified Development Code of Forsyth County, persons wishing to speak on any proposal shall provide their name, address, and telephone number to the Planning Department staff prior to the time of speaking at this public hearing. You may obtain a copy of this form in the foyer of this meeting room.
U

NDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
None
U

NDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:

VARIANCE APPLICATIONS

Chairman Kinsey announced the public hearing for variance applications VA160074 and VA160077 will be postponed until the March 7, 2017 meeting due to failure of posting the variance signs.
 
1.  VA160071 - Jack Lawrence Miller Jr.

The applicant has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, Table 11.2 (a), Section 16-4.1, and Table 16.2. This request involves a side yard variance of 5 feet to allow a side setback to be 5 feet rather than the required 10 feet. The applicant is also requesting an accessory structure maximum size variance of 980 square feet to allow an accessory structure to be 1980 square feet rather than the maximum 1000 square feet. The property is located in Gaylan Subdivision, Lot #5, 9720 Lee Circle and is currently zoned (LR) Lake Residential District.

There was a motion by Chairman Kinsey and a second by Edward Kroell to open the public hearing.
Motion carried unanimously.
Speaking in favor:
Jack Miller

Speaking in opposition:
None

There was a motion by Chairman Kinsey and a second by Don Owen to close the public hearing.
Motion carried unanimously.
There was a motion by Don Owen and a second by Jack Shoemake to approve this variance request based on compliance with factor(s) 1, 2, 3, 4 and 5 of section 8-6.4 (B)(4)(a) of the Forsyth County Unified Development Code.
Motion carried unanimously.

2.  VA160072 - Bryan Kilpatrick

The applicant has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, Table 11.2 (a). This request involves a side yard variance of 7 feet to allow a side setback to be 3 feet rather than the required 10 feet. The property is located in James Merritt Subdivision, Lot #18, 4185 Merritt Drive and is currently zoned (R2R) Single Family Residential Restricted District.

There was a motion by Chairman Kinsey and a second by Jack Shoemake to open the public hearing.
Motion carried unanimously.
There was a motion by Don Owen and a second by Edward Kroell to postpone the public hearing until March 7, 2017.
Motion carried unanimously.

3.  VA160073 - SR Companies, LLC

The applicant has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, Table 11.2 (b). This request involves a rear variance of 8 feet to allow a rear setback to be 17 feet rather than the required 25 feet. The applicant is also requesting a front yard variance of 11 feet to allow a front setback to be 19 feet rather than the required 30 feet. The property is located in Hunters Walk Subdivision, Lot #74, 4470 Hunters Walk Way and is currently zoned (RES2) Single Family Residential Two Units/Acre District.

There was a motion by Chairman Kinsey and a second by Don Owen to open the public hearing.
Motion carried unanimously.
There was a motion by Jack Shoemake and a second by Edward Kroell to postpone this application until March 7, 2017.
Motion carried unanimously.

4.  VA160075 - Larry Wilkie
The applicant has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, Table 11.2(a). This request involves a heated square footage variance of 216 square feet to allow a dwelling to be 884 square feet of heated space rather than the required 1100 square feet. The applicant is also requesting a side yard variance of 4 feet to allow a side setback to be 6 feet rather than the required 10 feet. The property is located in Shady Shores Subdivision, Lot #134, on the east side of Bonneville Drive approximately 60 feet south of the intersection with Starr Street and is currently zoned (R2R) Single Family Residential Restricted District.

There was a motion by Chairman Kinsey and a second by Jack Shoemake to open the public hearing.
Motion carried unanimously.
Speaking in favor:
Brad Pope

Speaking in opposition:
None

There was a motion by Chairman Kinsey and a second by Don Owen to close the public hearing.
Motion carried unanimously.
There was a motion by Jack Shoemake and a second by Edward Kroell to approve this variance request based on consideration of factor(s) 1, 2, 3, 4, and 5 of section 8-6.4 (B)(4)(a) of the Forsyth County Unified Development Code.
Motion with 4 members (Jack Shoemake, Edward Kroell, Chairman Kinsey, and Don Owen) and 1 member opposed (Steve Kirby).

5.  VA160076 - Larry Wilkie

The applicant has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, Table 11.2 (a). This request involves a heated square footage variance of 216 square feet to allow a dwelling to be 884 square feet of heated space rather than the required 1100 square feet. The applicant is also requesting a side yard variance of 4 feet to allow a side setback to be 6 feet rather than the required 10 feet. The property is located in Shady Shores Subdivision, Lot #143, east side of Belaire Drive approximately 621 feet north of the intersection with Century Drive and is currently zoned (R2R) Single Family Residential Restricted District.

There was a motion by Chairman Kinsey and a second by Steve Kirby to open the public hearing.
Motion carried unanimously.
Speaking in favor:
Brad Pope

Speaking in opposition:
Dennis Nowilk

There was a motion by Chairman Kinsey and a second by Edward Kroell to close the public hearing.
Motion carried unanimously.
There was a motion by Steve Kirby and a second by Don Owen to deny this variance request based on failure to comply with consideration of factor(s) 1, 2, 4, and 5 of section 8-6.4 (B)(4)(a) of the Forsyth County Unified Development Code.
Motion carried unanimously.

6.  VA160078 - Sawnee Partners, LLC

Chairman Kinsey disclosed his meeting with the applicant prior to this public hearing. 

The applicant has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, Section 12-3.3, Table 12.2, Section 16-4.20 (B), and Section 16-4.20 (A). This request involves a rear and side yard variance of 40 feet to allow a rear and side setback to be 10 feet rather than the required 50 feet and a buffer variance of 40 feet to allow a buffer to be 0 feet rather than the required 40 feet. The applicant is also requesting a mini-warehouse building length variance of 120 feet to allow a mini-warehouse building lo be 320 feet in length rather than the maximum 200 feet in length; and a minimum lot size variance of 0.2 acres to allow a minimum lot size to be 1.8 acres for mini-warehouses rather than the minimum 2 acres. The property is located at 1275 Buford Highway and is currently zoned (R1) Single Family Residential District.

There was a motion by Chairman Kinsey and a second by Steve Kirby to open the public hearing.
Motion carried unanimously.
Speaking in favor:
Josh Scoggins

Speaking in opposition:
Robert Hoit

There was a motion by Steve Kirby and a second by Don Owen to postpone this public hearing until the March 7, 2017 meeting.
Motion carried unanimously.

There was a motion by Chairman Kinsey and a second by Jack Shoemake to adjourn.

Adopted _____________________________, 2017

____________________________________
Jim Kinsey, Chairman

____________________________________
Jack Shoemake, Vice Chairman

____________________________________
Steve Kirby, Member

____________________________________
Don Owen, Member

____________________________________
Edward Kroell, Member

For detailed information concerning the public hearing please reference the streaming video located on our web site at www.forsythco.com.

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 Address: 110 East Main Street
Cumming GA 30040
 Phone: 770-781-2101
 Email: Contact Us

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