Copyright 2021 by Forsyth County, Georgia

Forsyth County Meetings

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Archived meeting videos can be viewed online (click here for link).

Tuesday, September 7, 2021 7:00 PM

Zoning Board of Appeals - Regular Meeting/Public Hearings

Administration Building 110 E Main Street Cumming, GA 30005
Meeting Video
   BOOKMARKS
05:22
VA210061
09:33
VA210064
15:27
VA210065
26:49
VA210066
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, September 7, 2021 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. 

If you wish to speak at a public hearing conducted during the Regular meeting, you will be required to provide your name and address to staff prior to speaking.  You may also speak at the public hearing by phone or access via the Zoom App.  To participate by phone, please call the number below and enter the requested access code prior to or immediately after the public hearing agenda item is called.

Phone Number: (602) 333 – 0032

US Toll Free (888) 270-9936

Meeting Access Code: 414339

To access via the Zoom App, go to https://us02web.zoom.us/j/89159028453 on the internet and, if prompted, click on “Open Zoom Meetings”.  NOTE:  If you choose to participate in the public hearing via the Zoom app, you will be required to provide your name and email address as part of the registration process.  No registration is required if you choose to participate solely by phone.

Please continue to review the County’s website at www.forsythco.com for additional details for participation opportunities at upcoming County public meetings.

During the meeting, the chairperson will call the agenda items individually and ask if the applicant or a representative of the applicant wishes to speak.  The applicant or the applicant’s representative may speak either in person or, if they are participating by phone may press *9 on their phone or, if they are participating on the Zoom App, they should click the “raise hand” button, and they will be recognized to speak.  After the applicant or the applicant’s representative has spoken, the chairperson will then ask if there is anyone wishing to speak in favor of the application.  At that point, citizens wishing to speak in favor should raise their hand, press *9 on their phone, or click the “raise hand” button on the Zoom App.  The moderator will indicate to the chairperson that there are X number of people to speak in favor by remote means.  Speakers will then be identified to speak.  Those participating remotely will be unmuted one at a time with a notification to the speaker that their line has been unmuted.  Speakers will first be asked to state their name and address for the record, and after doing so may speak.  Once the time for those speaking “in favor” has expired, the chairperson will ask if there is anyone wishing to speak in opposition to the application and the same process for selecting speakers will be used for those speaking in opposition until their time has expired.  If the applicant or their representative has any time left, they will be asked if they wish to use any rebuttal time and, if so, will be called upon in the same manner as their original presentation.  Please note that it is the duty of any opponent of a rezoning action to file a campaign contribution disclosure in compliance with O.C.G.A. § 36-67A-3.

The purpose of the meeting will be for public hearings, 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 II
August 26, 2021

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 V1 Coordinator at 770- 781-2101 a minimum of 48 hours prior to the meeting date/time. The Title V1 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 ZONING BOARD OF APPEALS (ZBA)
REGULAR MEETING AGENDA
Tuesday, September 7, 2021 AT 7:00 P.M. 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 prior meeting(s).

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.  VA210061

Atlanta Decking and Fence - Samuel Tibbetts has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, Chapter 11, Table 11.2 (b). This request involves: A rear setback variance of 6 feet to allow a setback to be 14 feet rather than the required 20 feet.  
The property is located in Jamestown subdivision,  Lot #163, 7180 Jamestown Dr, Alpharetta, GA 30005 and is currently zoned Res6 - Multi Family Residential District. This property is in Board of Commissioners District 2.

2.  VA210064

Miles Hansford & Tallant, LLC - J. Ethan Underwood has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, UDC § 12-3.3 (and by reference Table 12.2) and Section 21-10.4
UDC § 21-10.4. This request involves: A front setback variance of 30 feet to allow a setback to be 10 feet rather than the required 40 feet.  A landscape strip variance of 5 feet to allow a landscape strip to be 10 feet rather than the required 15 feet.  
 
The property is located at 3239 Castleberry Rd 104, Cumming, GA 30040 and is currently zoned CBD - Commercial Business District. This property is in Board of Commissioners District 1.

3.  VA210065

Aqua Design Pools & Spas, LLC - Delinda Umberger has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, Chapter 11, Table 11.2 (a). This request involves: A rear setback variance of 10 feet to allow a setback to be 15 feet rather than the required 25 feet.  A side setback variance of 5 feet to allow a setback to be 5 feet rather than the required 10 feet.  

The property is located in Bethel Cove subdivision,  Lot #12, 8915 Hawks Cove Rd, Gainesville, GA 30506 and is currently zoned LR - Lake Residential District. This property is in Board of Commissioners District 5.

4.  VA210066

Satya Srinivas Mallipeddi has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, Chapter 11, Table 11.2 (b). This request involves: A rear setback variance of 9 feet to allow a setback to be 16 feet rather than the required 25 feet.  
 
The property is located in Summit At Shiloh subdivision,  Lot #47, 5965 Somersby Cir, Alpharetta, GA 30005 and is currently zoned Res3 - Single Family Residential District. This property is in Board of Commissioners District 2.

 
APPEAL OF ADMINISTRATIVE DECISIONS

5.  AP210002

Miles Hansford & Tallant, LLC - R. Cameron Kline has filed an appeal with the proper authorities seeking relief from the requirements of the Forsyth County Unified Development Code, Article I, Section 6-3(c)(7).
 
The property is located 6075 Post Road, Unit 100, Cumming, Georgia 30040 (Tax Parcel 059-542) and is currently zoned CBD - Commercial Business District. This property is in Board of Commissioners District 3.
 

VI.  Adjournment
   
For more information please call 770-781-2115

September ZBA Regular Meeting Summary

FORSYTH COUNTY ZONING BOARD OF APPEALS (ZBA)
REGULAR MEETING AGENDA SUMMARY
9/7/2021 at 7:00p.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.

Steve Kirby, Chairman
Mark Weiss, Vice Chairman
Edward Kroell, Secretary
Don Owen, Member
SreeRam Royyala, Member

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

Variances

VA210061 - Samuel Tibbetts
BOC District #2

DECISION SUMMARY
The variance for board consideration application was approved for a variance request involving: A rear setback variance of 6 feet to allow a setback to be 14 feet rather than the required 20 feet.

PROPERTY LOCATION
The property is located in Jamestown subdivision, Lot #163, at 7180 Jamestown Dr., Alpharetta, GA 30005.

VA210062 - Eduardo Garcia
BOC District #4

DECISION SUMMARY
The variance for board consideration application was void for a variance request involving: A lot width variance of 8 feet to allow a lot width to be 142 feet rather than the required 150 feet.

PROPERTY LOCATION
The property is located at 6835 Harris Dr., Cumming, GA 30028.

VA210064 - J. Ethan Underwood
BOC District #1

DECISION SUMMARY
The variance for board consideration application was approved for a variance request involving: A front setback variance of 30 feet to allow a setback to be 10 feet rather than the required 40 feet. A landscape strip variance of 5 feet to allow a landscape strip to be 10 feet rather than the required 15 feet.

PROPERTY LOCATION
The property is located at 3239 Castleberry Rd 104., Cumming, GA 30040.

VA210065 - Delinda Umberger
BOC District #5

DECISION SUMMARY
The variance for board consideration application was
approved for a variance request involving: A rear
setback variance of 10 feet to allow a setback to be
15 feet rather than the required 25 feet. A side
setback variance of 5 feet to allow a setback to be 5
feet rather than the required 10 feet.

PROPERTY LOCATION
The property is located in Bethel Cove subdivision, Lot
#12, at 8915 Hawks Cove Rd., Gainesville, GA 30506.

VA210066 - Satya Srinivas Mallipeddi
BOC District #2

DECISION SUMMARY
The variance for board consideration application was
approved for a variance request involving: A rear
setback variance of 9 feet to allow a setback to be 16
feet rather than the required 25 feet.

PROPERTY LOCATION
The property is located in Summit at Shiloh subdivision,
Lot #47, at 5965 Somersby Cir., Alpharetta, GA 30005.

Appeal of Administrative Decisions

AP210002 - R. Cameron Kline
BOC District #3

DECISION SUMMARY
The appeal of administrative decision application was
withdrawn for an appeal of an administrative decision
of the Forsyth County Department of Planning &
Community Development.

PROPERTY LOCATION
The property is located 6075 Post Road, Unit 100,
Cumming, Georgia 30040 (Tax Parcel 059-542).

The listed applications have until 9/17/2021 to be appealed.

MEETING MINUTES
FORSYTH COUNTY ZONING BOARD OF APPEALS
REGULAR MEETING SEPTEMBER 7, 2021 AT 7:00 p.m.
FORSYTH COUNTY ADMINISTRATION BUILDING
110 EAST MAIN STREET – SUITE 220
CUMMING, GA 30040

MEMBERS PRESENT:  SreeRam Royyala, Edward Kroell, Steve Kirby, Mark Weiss and Don Owen

MEMBERS ABSENT: None

Also, Present: 
Susan Green, Planner II; Lori Kyle, Planning Manager

Chairman Steve Kirby called the meeting to order at 7:00 p.m.

Chairman Kirby conducted the Pledge of Allegiance.

UNDER ADOPTION OR AMEND MINUTES THE FOLLOWING ACTION WAS TAKEN:

There was a motion by Edward Kroell and a second by Mark Weiss to postpone the adoption of the ZBA minutes from the August 3, 2021 Work Session and the August 3, 2021 Regular Meeting to the October 5, 2021 meeting.

Motion carried unanimously.

UNDER ANNOUNCEMENTS THE FOLLOWING ACTION WAS TAKEN:

Staff Member, Susan Green, read the following Zoning Board of Appeals’ rules and procedures:

(1) The Zoning Board of Appeals will allot 10 minutes per side for all public hearings regarding variance applications.
 
(2) Following the opening of the public hearing, the applicant or authorized representative shall have the opportunity to present.  Then any persons in opposition shall have the opportunity to present.  Finally, the presiding officer may provide the applicant or authorized representative time for rebuttal. 

(3) Anyone speaking at the public hearing is required to complete a “Public Hearing Speaker Sign In Sheet” and shall place the sheet in the box to the left of the podium. These sheets are available as you enter the meeting room. 

(4) Once you reach the podium, please state your name and address.

(5) Please refrain from disrupting the meeting through general outburst, applause or comments from the audience.

(6) All information submitted by the applicant or opposition shall be presented to the staff, not tendered directly to the Zoning Board of Appeals members. Information shall then be circulated to the board members with one copy retained by the Department of Planning and Community Development as part of the permanent record.

(7) The Department of Planning and Community Development is open Monday thru Friday from 8:30 till 5:00. Additional information on cases heard tonight can be found on the Forsyth County website.

UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:

None

UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:

1.  AP210002 - R. Cameron Kline

There was a motion by Edward Kroell requesting a postponement of the appeal application until October 5, 2021. There was a second by Don Owen.

Motion carried unanimously.

VARIANCE APPLICATIONS

1.  VA210061 - Samuel Tibbetts

This application is for a variance request involving: A rear setback variance of 6 feet to allow a setback to be 14 feet rather than the required 20 feet.  The property is located in Jamestown subdivision, Lot #163, 7180 Jamestown Dr and is currently zoned (Res6) Multi Family Residential District.  This property is in Commission District #2.

Speaking in favor:
Erin Benson

Speaking in opposition:
None

There was a motion by SreeRam Royyala and a second by Mark Weiss to approve this variance request based on compliance with factor(s) 1, 2, 3, 4, 5 and 6 of section 8-6.4 (C)(4)(a) of the Forsyth County Unified Development Code.

Motion carried unanimously.

Chairman Kirby stated, “The locations and/or uses are what the applicant intends to implement on the subject property and this motion does not grant relief to different proposals”.

2.  VA210064 - J. Ethan Underwood

This application is for a variance request involving: A front setback variance of 30 feet to allow a setback to be 10 feet rather than the required 40 feet. A landscape strip variance of 5 feet to allow a landscape strip to be 10 feet rather than the required 15 feet.  The property is located 3239 Castleberry Rd 104 and is currently zoned (CBD) Commercial Business District.  This property is in Commission District #1.

Speaking in favor:
Ethan Underwood

Speaking in opposition:
None

There was a motion by Mark Weiss and a second by Edward Kroell to approve this variance request based on compliance with factor(s) 1, 2, 3, 4, and 5 of section 8-6.4 (C)(4)(a) of the Forsyth County Unified Development Code.

Motion carried unanimously.

Chairman Kirby stated, “The locations and/or uses are what the applicant intends to implement on the subject property and this motion does not grant relief to different proposals”.

3.  VA210065 - Delinda Umberger

This application is for a variance request involving: A rear setback variance of 10 feet to allow a setback to be 15 feet rather than the required 25 feet. A side setback variance of 5 feet to allow a setback to be 5 feet rather than the required 10 feet.  The property is located in Bethel Cove subdivision, Lot #12, 8915 Hawks Cove Rd and is currently zoned (LR) Lake Residential District.  This property is in Commission District #5.

Speaking in favor:
Faye Colbert
Kevin Vail

Speaking in opposition:
None

There was a motion by Steve Kirby and a second by SreeRam Royyala to approve this variance request based on compliance with factor(s) 1, 2, 3, 4, and 5 of section 8-6.4 (C)(4)(a) of the Forsyth County Unified Development Code.

Motion carried unanimously.

Chairman Kirby stated, “The locations and/or uses are what the applicant intends to implement on the subject property and this motion does not grant relief to different proposals”.

4.  VA210066 - Satya Srinivas Mallipeddi

This application is for a variance request involving: A rear setback variance of 9 feet to allow a setback to be 16 feet rather than the required 25 feet.  The property is located in Summit at Shiloh subdivision, Lot #47, 5965 Somersby Cir and is currently zoned (Res3) Single Family Residential District.  This property is in Commission District #2.

Speaking in favor:
Ragin Rajendran

Speaking in opposition:
None

There was a motion by SreeRan Royyala and a second by Mark Weiss to approve this variance request based on compliance with factor(s) 1, 2, 3, 4, 5 and 6 of section 8-6.4 (C)(4)(a) of the Forsyth County Unified Development Code.

Motion carried unanimously.

Chairman Kirby stated, “The locations and/or uses are what the applicant intends to implement on the subject property and this motion does not grant relief to different proposals”.

There was a motion by Don Owen and a second by Mark Weiss to adjourn the meeting at 7:30 p.m.

Motion carried with unanimously.

The Zoning Board of Appeals minutes were adopted August 3, 2021 by the following Board members:

Steve Kirby, Chairman
Mark Weiss, Vice Chairman
Edward Kroell, Secretary
SreeRam Royyala, Member
Don Owen, Member

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