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[1. CALL TO ORDER]
WILL CALL THE MEETING TO ORDER AT FIVE 30.AND, UM, WE DO HAVE JUST ENOUGH HERE TONIGHT FOR A QUORUM, SO IF EVERYONE WOULD STAND AND RECITE THE PLEDGE WITH ME A ALL RIGHTY.
[3. APPROVAL OF MEETING MINUTES]
SO FIRST ORDER OF BUSINESS TONIGHT IS THE MEETING MINUTES FOR, WE WILL START WITH THE MEETING MINUTES FROM NOVEMBER 20TH.UM, IS THERE ANY DISCUSSION OR ANY QUESTIONS ON NOVEMBER 20TH? IF EVERYBODY'S GOOD WITH IT? IF WE GET A MOTION TO APPROVE? MOTION TO APPROVE.
I'D HAVE TO STAY AND I WASN'T HERE FOR THAT.
OH, YOU WEREN'T HERE FOR THE, YOU WERE HERE FOR NOVEMBER, WEREN'T SHE? I WAS HERE FOR, OH, I SHOULD LOOK AT IT.
SHOULDN'T I? I GUESS YOU WEREN'T.
UM, CAN YOU CLARIFY WHO SECONDED? AND, UH, ANN SECONDED, BUT WE ONLY HAVE FOUR VOTING MEMBERS FOR, SO I GUESS WE HAVE TO PUSH THAT OR THAT'S ENOUGH.
IT WAS ALL IN FAVOR? UM, YEAH.
ONE OF, ONE OF, AND SO THE SECOND ORDER OF BUSINESS IS THE MINUTES FROM OCTOBER 16TH.
AND ANY DISCUSSION ON THAT? ANY CHANGES? DO WE HAVE A MOTION TO APPROVE THAT MOTION? NO PROOF.
SO CLIFF ASAIN FROM THE FIRST VOTE AND SCOTT ABSTAIN YOU THE SECOND VOTE.
YEAH, CLIFF WAS HERE FOR OCTOBER AND SCOTT WAS HERE FOR NOVEMBER.
ALRIGHT, BOTH OF THOSE ARE GOOD.
SO THEN, UH, DO WE HAVE ANY ITEMS FROM BOARD MEMBERS TONIGHT THAT NEED TO BE ANY ITEMS FROM STAFF THAT OFFICE OF THE PUBLIC HEARING? ALRIGHT, SO FOR THE PUBLIC HEARING TONIGHT,
[6. PUBLIC HEARING]
WE HAVE, UH, ITEM B DASH 25 DASH 35 FERGUSON SLASH THREE 30 ANGELICA WAY, IT'S CONSIDERATION OF A VARIANCE REQUEST TO REDUCE THE REAR SETBACK TO ALLOW FOR A COVERED PORCH.A VARIANCE RE A VARIANCE IS REQUESTED TO UNIFIED DEVELOPMENT CODE SUBSECTION 1.3 0.1 B ONE TO REDUCE THE REAR PLATTED SETBACK FROM 40 FEET TO 28 FEET.
THE PROPERTY IS LOCATED AT THREE 30 ANGELICA WAY AND IS LEGALLY DESCRIBED AS BEING LOCATED IN LAND LOT 39.
FIRST DISTRICT, FIRST SECTION, FULTON COUNTY, GEORGIA.
BEFORE YOU COME UP, MICHAEL, IF JOEL, IF YOU WOULD READ THE, UH, THE PUBLIC HEARING.
AN INDIVIDUAL REQUESTING TO BE HEARD ON A MATTER RELATED TO THE PURPOSE OF THE HEARING MUST BE RECOGNIZED BY THE CHAIR BEFORE ADDRESSING THE BOARD.
UPON RISING TO THE TO SPEAK, THE SPEAKER MUST IDENTIFY HIMSELF OR HERSELF AND FURNISH A HOME OR BUSINESS ADDRESS BEFORE PROCEEDING WITH ANY COMMENTS OR REMARKS.
THE BOARD WILL ALLOW THE PROPONENTS A TOTAL OF 10 MINUTES TO SPEAK IN SUPPORT OF AN APPLICATION.
OPPONENTS WILL BE ALLOWED 10 MINUTES TO SPEAK IN OPPOSITION.
COMMENTS ARE ACCEPTED FIRST FROM THE APPLICANT, FOLLOWED BY THE PERSON SPEAKING IN FAVOR.
AND THEN, UH, FROM THOSE IN OPPOSITION UPON CONCLUSION OF ANY OPPOSING COMMENTS OR PRESENTATIONS, THE CHAIR WILL ALLOW THE APPLICANT TO OFFER REBUTTAL IF ANY TIME IS REMAINING IN THE ALLOTTED 10 MINUTES.
AND MR. WOODMAN FROM THE CITY THANK YOU CHAIRMAN AND BOARD MEMBERS.
THE ITEM BEFORE YOU THIS EVENING, THE REQUEST IS, UH, FROM THE APPLICANT IS REQUESTING A VARIANCE TO REDUCE A PLATTED REAR SETBACK FROM 40 FEET TO 28 FEET.
THIS WOULD ACCOMMODATE A COVERED PORCH, UH, OVER A, UH, REAR PATIO AT A SINGLE FAMILY DETACHED HOME.
HAVE THE LOCATION MAP ON THE OVERHEAD.
THE PROPERTY IS LOCATED AT THREE 30 ANGELICA WAY IN THE ENCLAVE AT GLEN ABBEY SUBDIVISION.
THIS PROPERTY IS JUST OVER A QUARTER ACRE PROPERTY.
THIS IS THE HOME HERE, UH, QUARTER ACRE PROPERTY.
IT'S ZONE CUP COMMUNITY UNIT PLAN.
IT'S DEVELOPED WITH A TWO STORY, 3,400 SQUARE FOOT SINGLE FAMILY HOME.
AND AS I MENTIONED, THERE IS A PATIO ON THE REAR OF THE PROPERTY.
I'LL SHOW YOU THAT IN JUST ONE SECOND.
UH, SURROUNDING PROPERTIES ARE LOCATED IN THE ENCLAVE AT GLEN ABBEY SUBDIVISION, EXCEPT FOR THE PROPERTY AT THE REAR BACKS UP TO THE GLEN ABBEY SUBDIVISION.
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PROPERTY HAS A 40 FOOT REAR PLATTED SUB, UH, SETBACK.PLATTED SETBACK, MEANING THAT IT WAS PLATTED ON THE ORIGINAL PLAT.
SUBDIVISION PLAT FOR THE NEIGHBORHOOD REQUIRED A 40 FOOT SETBACK, AND THAT WAS FOR ONLY THE PROPERTIES THAT WERE LOCATED AROUND THE PERIMETER OF THE SUBDIVISION.
ALL THE PROPERTIES THAT ARE INTERIOR TO THE SUBDIVISION ONLY HAD AN 18 FOOT REAR SETBACK.
SO THIS IS THE APPLICANT'S SITE PLANS.
THIS IS THE APPLICANT'S LOT HERE.
UM, IT IS LOCATED IN THE CURVE OF A ROAD, SO IT DOES HAVE AN UNUSUAL SHAPE.
UM, THE PROPERTY, THIS REPRESENTS THE HOME FOOTPRINT AND THEN THIS AREA REPRESENTS THE EXISTING PATIO.
UM, AS YOU CAN SEE, THE CORNER OF THE HOME ACTUALLY IS LEGAL NON-CONFORMING WITH REGARD TO THE 40 FOOT SETBACK.
SO THERE'S ALREADY A LEGAL NON-CONFORMITY OUT, OUT AT THIS LOCATION, UM, AND THAT THE CORNER OF THE HOME ENCROACHES ABOUT TWO TO THREE FEET INTO THAT 40 FOOT REAR SET REAR SETBACK.
THE EXISTING REAR PATIO IS ABOUT 10 FEET DEEP AND THE COVERED PORCH WOULD EXTEND IN AN ADDITIONAL TWO FEET FOR THE FOOTERS FOR THE, UH, COVERED PORCH.
SO IT, UH, THE, THE PATIO EXISTING IS 10 FEET DEEP AND THEN AN ADDITIONAL TWO FEET FOR THE FOOTERS FOR THE COVERED PORCH THAT WOULD LEAVE A REAR SETBACK OF 28 FEET IS WHAT YOU SEE HERE AT, AT THIS POINT, SINCE THIS IS NOT A ZONING DISTRICT SETBACK, BUT A PLATTED SETBACK, THE VARIANCE REQUEST IS TO UNIFIED DEVELOPMENT CODE SUBSECTION 1.3, 0.1 B ONE, WHICH STATES THAT NO STRUCTURE SHALL HEREAFTER BE ERECTED OR ALTERED TO CREATE A NON-CONFORMITY.
SO THE VARIANCE IS TO THAT SECTION OF THE CODE AND NOT TO THE ZONING SETBACK.
I JUST WANTED TO EXPLAIN THAT.
UM, WE DID LOOK AT THIS PARTICULAR NEIGHBORHOOD AND WE DID FIND ANOTHER EXAMPLE WITHIN THE NEIGHBORHOOD.
THAT EXAMPLE WAS AT 1 0 9 3 0 CARISSA TRAIL.
THAT PROPERTY ALSO, I BELIEVE THAT PROPERTY, JUST GOING BACK TO THE SUBDIVISION PLAT, THIS IS THE APPLICANT'S PROPERTY HERE, I BELIEVE CARISSA TRAIL PROPERTY, I THINK IS UP IN THIS LOCATION HERE.
IT IS ALSO A LOT THAT IS ON THE PERIMETER OF THE SUBDIVISION AND HAD THE LARGER REAR SETBACK.
AND THAT PROPERTY WAS APPROVED FOR A VARIANCE, UH, TO ALLOW A, UM, A REAR PATIO COVERED PATIO AS WELL.
SO IT, IT REDUCED THE REAR SETBACK ON THAT PARTICULAR PROPERTY.
SO WE LOOKED AT THE REVIEW CRITERIA FOR A VARIANCE AND WE FOUND THAT THE PROPERTY DOES HAVE EXCEPTIONAL AND PECULIAR CONDITIONS RELATED TO ITS UNUSUAL SHAPE.
AS I ALSO SHOWED, IT WAS LOCATED ON THE CURVE OF A ROAD.
UM, ALSO WE NOTED THAT NOT ALL PROPERTIES WITHIN THE SAME SUBDIVISION HAVE THE SAME REAR SETBACK.
SOME PROPERTIES HAVE A 40 FOOT SETBACK WHILE OTHERS ONLY HAVE AN 18 FOOT SETBACK.
ALSO NOTED THAT THE APPLICANT IS JUST PROPOSING TO PLACE THE COVERED, UM, PORCH OVER TOP OF THE EXISTING PATIO.
THE EXISTING PATIO IS AT GRADE.
LET ME SHOW YOU WHAT THAT LOOKS LIKE.
SO THIS IS THE REAR OF THE HOME TODAY AND WITH THE EXISTING PATIO.
SO THE PATIO IS NOT SUBJECT TO SETBACKS, BUT AS SOON AS YOU ADD A VERTICAL STRUCTURE TO IT, IT, THAT VERTICAL STRUCTURE IS SUBJECT TO SETBACKS.
SO THE APPLICANT, AGAIN, IS JUST PROPOSING TO COVER THE EXISTING PATIO.
IT COMES OUT AT TWO ADDITIONAL FEET, UM, FROM THE PATIO FOR THE FOOTERS OF THAT STRUCTURE.
AND THAT STRUCTURE LOOKS LIKE THIS.
SO THIS IS A VIEW OF THE BACK OF THE HOME.
SO THE PATIO WOULD BE, THIS IS THE REAR EXIT TO THE HOME EXITING OUT ONTO THE PATIO.
AND THIS IS THE NEW STRUCTURE THAT YOU SEE HERE.
AND THEN THIS IS JUST A FLOOR PLAN SHOWING THE SAME.
SO YOU HAVE YOUR EXISTING PATIO WITH THE NEW STRUCTURE.
THESE ARE THE FOOTERS FOR THE NEW STRUCTURE OVER THAT EXISTING PATIO.
THE APPLICANT DID, UM, NOTIFY ADJACENT PROPERTY OWNERS AS WELL AS THE ENCLAVE AT GLEN ABBEY, HOA.
THEY PROVIDED, UH, IN THE PACKET AN APPROVAL LETTER FROM THE HOA.
AND THEN THEY ALSO STAYED IN THE CITIZEN PARTICIPATION REPORT, UM, THAT THEY NOTIFIED ADJACENT PROPERTY OWNERS.
THEY DID RECEIVE A RESPONSE, UM, FROM THE PROPERTY OWNER TO THE REAR OF THEM.
UM, AND THAT LETTER HAD SOME QUESTIONS AND THE APPLICANT DID RES UH, PROVIDE RESPONSES TO ALL THE NEIGHBOR'S QUESTIONS.
AND ACCORDING TO THE APPLICANT, THEY DID NOT HEAR ANY ADDITIONAL, UM, COMMENTS FROM THAT PARTICULAR
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NEIGHBOR.SO WITH THAT STAFF IS RECOMMENDING APPROVAL OF THE APPLICANT'S REQUEST SUBJECT TO ONE CONDITION THAT CONDITION STATES COVERED PORCH SHALL BE PERMITTED AS DEPICTED ON THE SUBMITTED SITE PLAN AND WITH A 28 FOOT REAR SETBACK.
AND THAT CONCLUDES THE PRESENTATION.
IF YOU HAVE QUESTIONS, I'M HAPPY TO ANSWER THOSE.
UM, THE, THERE'S A, A SMALL RETAINING WALL, UH, 42 INCHES I BELIEVE IN HEIGHT WITH THE ADDITION OF THE FOOTERS IN THE ROOF LINE THAT'S GONNA BE COMING OUT OVER THE PORCH.
WHAT'S THE DISTANCE GOING TO BE FROM THE ROOF LINE OR THE BACK OF THE PORCH TO THAT RETAINING WALL? I DON'T U THE APPLICANT WOULD PROBABLY BE BETTER TO GIVE YOU AN IDEA OF THAT DISTANCE.
SO YOU CAN SEE THE EXISTING PATIO, UM, THE, THE NEW COVERED PORCH IS GOING TO EXTEND APPROXIMATELY 12 FEET OUT FROM THE BACK OF THE HOME.
IF THIS IS 12 FEET, YOU CAN SEE THE DISTANCE BETWEEN THIS AND THE WALL.
IT LOOKS LIKE MAYBE A THIRD OF THAT, MAYBE THREE TO FOUR FEET SEPARATION BETWEEN THE TWO.
BUT THE APPLICANT MAY BE ABLE TO BETTER, UH, GIVE YOU A BETTER IDEA OF THE DISTANCE.
THE, THE ONLY OTHER QUESTION, AND I I WE CAN ASK THE APPLICANT, BUT UM, UH, THE PITCH OF THE ROOF LINE, UM, FROM THAT, FROM THE HOUSE, UM, I'M, I'M JUST CURIOUS WHETHER OR NOT IT, IT IT'S ANGLED AT A POINT WHERE IT'S COMING CLOSE TO THAT WALL OR IF IT'S EVEN AN ISSUE, BUT WE CAN ASK THE APPLICANT.
YEAH, I WOULD, I WOULD RECOMMEND ASKING THE APPLICANT IT IS, IT LOOKS LIKE THE ROOF LINE OF THE, THE COVERED PATIO DOES, UM, YOU KNOW, TILT OUT THIS WAY SO THE WATER SHOULD RUN OFF.
I DON'T KNOW IF THEY'RE PLANNING ON PUTTING ANY, UM, GUTTERS OR ANYTHING ON THIS AREA, I SUSPECT.
BUT USUALLY THERE, THERE WOULD BE A GUTTER SYSTEM ON THE EDGE OF THAT WHICH WILL BRING THE, THE RUNOFF FROM THE ROOF TO AN AREA WHERE IT WILL BE COME OUT.
THE UH, OTHER QUESTION, I HAVE DEALS WITH THE TREE REMOVAL AND PLANTINGS THAT ARE PLANNED AS DAVID SCHOSTAK LOOKED AT THIS AND GIVEN HIS APPROVAL.
YES, DAVID SCHOSTAK IS PART OF ANY PUBLIC HEARING REVIEW THAT WE RECEIVE AND HE HAS LOOKED AT THIS.
UM, THE APPLICANT HAS INDICATED TO ME THEY'VE NOT IN INDICATED IN THE APPLICATION THAT THERE'S ANY TREE REMOVAL REQUIRED FOR THE COVERAGE, UH, PORCH.
BUT THEY HAVE TOLD ME THAT THEY ARE LOOKING AT THEIR REAR YARD.
UM, AND THEY ARE THINKING ABOUT OTHER PROJECTS THAT COULD POTENTIALLY INVOLVE TREE REMOVAL.
UM, IF THEY DO PROPOSE TO REMOVE ANY TREES, I HAVE LET THE APPLICANT KNOW THAT THEY'LL JUST REACH OUT TO DAVID SCHOSTAK ON THE TREE REMOVAL PERMIT.
SO THAT'S WHY THAT DAVID SHOSTAK'S APPROVED THIS, UH, PLAN FOR THE REMOVAL OF THE TREES AND THE REPLANTING YOU SAID SO THEY'RE NOT, THAT NOTHING IN THIS APPLICATION INDICATES THAT THE APPLICANT IS GOING TO REMOVE TREES.
THEY HAD JUST HAD A PER HAD A CONVERSATION WITH ME AND TOLD ME THAT THEY'RE ALSO LOOKING AT THEIR REAR YARD AND THEY MAY DO SOME RELANDSCAPING OF THE AREA.
THEY HAVEN'T FINALIZED THAT YET.
THAT'S NOT PART OF THIS APPLICATION.
THIS STRUCTURE, ADDING THIS STRUCTURE DOES NOT REQUIRE THEM TO REMOVE ANY TREES.
BUT IF THEY, IF THEY DECIDED TO REMOVE TREES, THERE'S A PROCESS, THE TREE REMOVAL PROCESS AND THEY WOULD JUST SUBMIT AN APPLICATION TO DAVID FOR REVIEW.
CLIFF, IF YOU LOOK AT PAGE 62 OF OUR PACKET OF THE, UH, FOR WHAT YOU HAVE, IF YOU LOOK AT PAGE 62 THERE, IT DOES SAY ZERO TREAT ON THERE.
SO THAT IS PART OF THE APPLICATION.
UM, I SAW THAT WITH, UM, THE, UM, INFORMATION PROVIDED TO THE HOMEOWNER THAT'S IN THE REAR.
I BELIEVE WAS WHAT THAT WAS RESPONSIVE TO AND I'M NOT SURE.
ANY OTHER QUESTIONS FROM THE BOARD? ALRIGHT, THANK YOU VERY MUCH.
IF THE APPLICANT WOULD LIKE TO PLEASE COME FORWARD.
IF, UH, JUST THERE AT THE, ON THE MIC, IF YOU'D STATE YOUR NAME AND, AND ADDRESS PLEASE AND YEAH, MY NAME IS DOUG FERGUSON.
ADDRESS IS THREE 30 ANGELICA WAY, ALPHARETTA 3 0 0 2 2.
AND, UM, THANKS FOR HEARING US TONIGHT.
WE'RE HOPING TO ADD THIS PORCH ON TO GIVE, GIVE US MORE OUTDOOR SPACE AND, UM, I THINK THE QUESTION WAS HOW FAR FROM THE ROOF LINE TO THE WALL, AND I THINK THAT'S GONNA BE THREE TO FOUR FEET.
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IT, IT WON'T GO OVER THAT WALL AT ALL.IT'LL BE CONFINED TO THAT, THAT PATIO AREA.
UM, AND AT SOME POINT WE MIGHT DO SOMETHING WITH THE TREES, UM, AND MAYBE TAKE THEM OUT AND PUT IN SOMETHING THAT'S COMPARABLE.
OBVIOUSLY WITH ALL THE NECESSARY APPROVALS FROM THE ARBORIST.
WILL, WILL THE STRUCTURE HAVE, IS IT IT GONNA HAVE A GUTTER ON IT? LIKE IT'LL, IT'LL HAVE A GUTTER AND WE, THE PLANS ARE WITH THE ARCHITECT, BUT IT WILL HAVE A GUTTER AND IT'LL DRAIN OUT THE SIDE.
WE DON'T, WE'VE NEVER HAD ANY WATER ISSUES BACK THERE SO FAR WITH THAT PATIO.
UM, AND THERE ARE GUTTERS ON THE ROOF NOW, YOU KNOW, AT THE END OF THE, UH, SOFFIT, IT LOOKS LIKE THE, FROM THE PHOTOS THAT WE HAVE, THAT YOU HAVE PRETTY SEVERE UPHILL SLOPE, YOUR PROPERTY GOING TO THE OH YES.
UM, THE ONLY QUESTION I HAD WAS, UM, YOUR, UM, RESPONSE YOU HAD, I THINK IT WAS TO YOUR NEIGHBOR TO THE REAR ABOUT, UH, TREE REMOVAL AND REPLANTINGS.
IS THAT, I KNOW THAT'S NOT PART OF YOUR APPLICATION, BUT IS THAT SOMETHING YOU ALSO INTEND TO DO? WE WERE THINKING THAT WE WOULD DO THAT IF WE COULD GET APPROVAL.
RIGHT NOW THAT WOULD BE A SEPARATE APPROVAL FROM THE ARBORIST HERE IN THE ALPHARETTA? YES.
ANY OTHER QUESTIONS FROM THE BOARD OR ANY, ANYTHING YOU'D LIKE TO, TO SAY ABOUT THAT APPLICATION? I THINK WE'RE GOOD.
I'M HOPING WE'RE GONNA GET IT APPROVED SO WE CAN ENJOY THAT SPACE.
DO WE HAVE ANY PUBLIC COMMENT ON THE APPLICATION TONIGHT? OKAY, ANY COMMENT FROM THE, FROM THE BOARD? DO WE HAVE A MOTION DECIDED I'D MAKE A MOTION TO APPROVE WITH THE, UH, STAFF'S RECOMMENDATION.
ALL IN FAVOR? ALRIGHT, VERY GOOD.
DO WE HAVE ANY OTHER ADDITIONAL ITEMS FROM THE BOARD THIS EVENING? ALRIGHT, ONLY THING, UH, NEXT BCA MEETING WILL BE THURSDAY, JANUARY 15TH, 2026.
NEXT CITY COUNCIL MEETING WILL BE MONDAY, JANUARY 26TH, 2020.