Board Of Appeals Full Minutes 1928¶

CITY OF BROOKHAVEN BOARD OF APPEALS

FINAL MINUTES

May 20, 2020

Virtual Meeting

7:00 PM

Https://Us02web.Zoom.Us/J/170980441, Https://Www.Facebook.Com/BrookhavenGA Gov/, Planning @ Brookhavenga.Gov, RR ARR

I)

EE

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II) CALL TO ORDER Attendee Name

IIT)

Title

Status

Phyllis Mitchell

Present

Michael Runestad

Present

JD Clockadale

Present

Mike Dardano

Present

Stuart Marsden

Absent

Caitlin Miller

Absent

Gillian O'Nan

Present

Arrived

APPROVAL OF MINUTES

1.

Approval of April 15, 2020 Board of Appeals Virtual Meeting Minutes

RESULT:

| APPROVED [UNANIMOUS]

MOVER: Gillian O'Nan SECONDER: Michael Runestad

|

|

| AYES:

Mitchell, Runestad, Clockadale, Dardano, O'Nan

|

| ABSENT:

Marsden, Miller

|

2.

Approval of April 22, 2020 Board of Appeals Virtual Meeting Minutes

RESULT:

APPROVED [UNANIMOUS]

MOVER:

Michael Runestad

| SECONDER:

AYES:

|

Mitchell, Runestad, Clockadale, Dardano, O'Nan

Mike Dardano

|

_

Marsden, Miller _

|

|

_

IV)ORGANIZATIONAL AND PROCEDURAL ITEMS

City of Brookhaven

5/20/2020 7:00 PM

Page 1

Minutes

Board of Appeals

1.

May 20, 2020

Election of Chairperson

Ms. O'Nan motioned to nominate

JD Clockadale as Chairperson, and Mr. Runestad seconded.

The vote was

unanimously approved.

RESULT:

APPROVED [UNANIMOUS]

MOVER:

Gillian O'Nan

SECONDER:

Michael Runestad

AYES:

Mitchell, Runestad, Clockadale, Dardano, O'Nan

ABSENT:

Marsden, Miller

2.

Election of Vice Chairperson

Mr. Dardano motioned to nominate Gillian O'Nan as vice chairperson, and Mr. Runestad seconded.

The vote

was unanimously approved.

RESULT:

APPROVED [UNANIMOUS]

MOVER:

Mike Dardano

SECONDER: | Gillian O'Nan

AYES:

Mitchell, Runestad, Clockadale, Dardano, O'Nan

ABSENT:

Marsden, Miller

V) UNFINISHED BUSINESS 1.

VAR20-00002:

CHL Services/Chris Bryant - 1. Variance from Section 27-67(A)(2) to

Increase Impervious Coverage; 2. Variance from Section 27-957(A) to Reduce Retaining Wall Side Setback - 2914 Cravenridge Drive Staff recommends denial of the impervious coverage request and approval conditional of the retaining wall setback request. Mr. Dardano motioned to re-open public comment, and Mr. Runestad seconded.

The vote was unanimously

approved. Ann Yingling, the homeowner, reviewed the requests and reiterated the desire to seek board approval.

Ms.

Yingling also noted support from surrounding neighbors.

There were no speakers in support or opposition, and board discussion opened and closed. Mr. Runestad motioned to approve the retaining wall setback with conditions for VAR20-00002, and Mr. Dardano seconded. The vote was unanimously approved. Mr. Dardano motioned to approve the increase in impervious coverage for VAR20-00002 with conditions, and Ms. Mitchell seconded. Mr. Dardano made a friendly amendment for approval conditional to the site plan submitted to the Community

Development department on January 16, 2020, and Ms. Mitchell seconded.

The vote was unanimously

approved.

City of Brookhaven

Page 2

Updated 5/29/2020 1:31 PM

Minutes

Board of Appeals

May 20, 2020

RESULT:

APPROVED WITH CONDITION [UNANIMOUS]

MOVER:

Mike Dardano

SECONDER:

Phyllis Mitchell

AYES:

Mitchell, Runestad, Clockadale, Dardano, O'Nan

ABSENT:

Marsden, Miller

2.

WVAR20-00005:

Reaves Newson - Variance from Section 27-67(A)(2) to Increase

Impervious Coverage - 2613 Green Meadows Lane Staff recommends denial of the request.

It was also noted the existing lot coverage was reduced because the

rear deck square footage was removed.

Mr. Runestad motioned to re-open public comment, and Mr. Dardano seconded.

The vote was unanimously

approved.

Reaves Newsom, the applicant, reviewed the request and summarized in addition to the rear deck being removed, the walkway and part of the driveway had been converted to pervious pavers. It was also noted the pool decking had been reduced. Mr. Newsom reiterated the desire to seek board approval. Public comment opened. Speakers in opposition: Ms. Hughes, 1396 Wilford Drive Public comment closed and board discussion began.

Mr. Newsom summarized the site plan had been revised as much as possible to address concerns from board members and neighbors in the surrounding area, and could not be further reduced without reducing the pool

size.

Stormwater mitigation features were also noted for the proposed development.

Staff clarified for board

members that if the request was to be approved, additional stormwater mitigation measues would need to be installed.

Board discussion closed.

Mr. Dardano motioned to deny VAR20-00005, and Mr. Runestad seconded.

The vote was unanimously

approved.

RESULT:

DENIED [UNANIMOUS]

MOVER:

Mike Dardano

SECONDER:

Phyllis Mitchell

AYES:

Mitchell, Runestad, Clockadale, Dardano, O'Nan

ABSENT:

Marsden, Miller

3.

VAR20-00006:

Warren Sirzyk - Variance from Section 14-153 to Reduce 75-Foot

Stream Buffer - 1273 Ragley Hall Road Staff reccomends approval conditional to 50.1 feet.

It was noted for the record Ms. O'Nan had to leave the

public hearing.

City of Brookhaven

Page 3

Updated 5/29/2020 1:31 PM

Minutes

Board of Appeals

May 20, 2020

Mr. Runestad motioned to re-open public comment, and Mr. Dardano seconded.

The vote was unanimously

approved. Mr. Sirzyk reviewed the request and summarized the house was brought forward to address concerns raised by

board members during a previous meeting, and most of the overall development had been relocated to reduce the encroachment into the stream buffer.

Mr. Sirzyk also noted concerns from a previous meeting by

summarizing approval from the Core of Engineers could not be obtained until the city approved the stream buffer variance.

Mr. Sirzyk reserved the remaining speaker time for rebuttal and reiterated the desire to seek

board approval. There were no speakers in support or opposition, and board discussion began.

It was noted by board members that the revisions noted during the presentation should be included in the conditions of approval if the board were to approve the variance request. Board discussion closed. Mr. Dardano motioned to approve VAR20-00006 with the additional conditions listed below, and Mr. Runestad seconded. Mr. Dardano motioned to make a friendly amendment to condition #3 as written below, and Mr. Dardano seconded. The vote was unanimously approved. Additional and revised conditions:

1. Reduce stream buffer from 50.1-feet to 25-feet to allow construction of a 3.5-foot masonry sea wall, reconstruction of a deck, and landscaping improvements.
2. Positioning of the house, swimming pool and retaining walls shall occur in accordance to the site plan dated

May 14, 2020 submitted to the Community Development Department for the portion of the stream buffer encroachment only. 4. Applicant shall limit disturbance within the 50-foot stream buffer to a 10-foot temporary access path for

construction of a sea wall and a 4-foot barrier around the sea wall to allow for proper construction. 5. Property owner shall restore and permanently stabilize all remaining disturbed areas of encroachment within the stream buffer with permanent vegetation and landscaping, subject to the review and approval of the City Arborist.

1. The applicant shall submit written approval from the Georgia Department of Natural Resources and the Army Corps of Engineers to allow construction of the sea wall within the 25-foot state buffer, prior to issuance of a minor site permit.

2. The applicant shall provide a landscaping and replanting tree plan prior to issuance of a building permit, subject to the review and approval of the City Arborist.

RESULT:

APPROVED WITH CONDITION [UNANIMOUS]

MOVER:

Mike Dardano

SECONDER:

Michael Runestad

AYES:

Mitchell, Runestad, Clockadale, Dardano

ABSENT:

Marsden, Miller, O'Nan

4.

VAR20-00008:

WP

South

Acquisitions

-

Variance

to

Waive

Section

27-407

Requirement for Utilities Location - 3920 & 3930 Peachtree Road Staff recommends denial of the request. Mr. Runestad motioned to re-open public comment, and Ms. Mitchell seconded.

The vote was unanimously

approved.

City of Brookhaven

Page 4

Updated 5/29/2020 1:31 PM

Minutes

Board of Appeals

May 20, 2020

Lemuel Ward, speaking on behalf of the applicant, summarized the project improvements required by staff were considered to be system improvements because they serviced other existing developments in the surrounding area.

It was noted that because the improvements serviced multiple developments, the city could not enforce

the requirements and the applicant was not required to incur the cost of the improvements.

Mr. Lemuel

reiterated the desire to seek board approval and reiterated the desire to seek board approval. The were no speakers in support or opposition, and board discussion began.

Mr. Balch addressed board members by summarizing Mr. Ward's presentation did not address any of the board's criteria for variance approval, nor did he establish a burden of proof for any exemptions. It was also noted the arguments raised did not fall under the board's purview.

Mr. Ward summarized the ordinance was

unconstitutional and could not be applied, which was why the exemption criteria was not addressed. Ms. Ruffin addressed questions from board members by summarizing the ordinance had always been applied and interpreted the same way from the city's inception. Mr. Ward requested a 60 day deferral to the July 15th meeting. Board discussion closed.

Mr. Dardano motioned to defer VAR20-00008 to the July 15th meeting, and Ms. Mitchell seconded. The vote was unanimously approved.

RESULT:

DEFERRED [UNANIMOUS]

MOVER:

Mike Dardano

SECONDER:

Phyllis Mitchell

AYES:

Mitchell, Runes