12-02-2002 Regular MeetingDecember 2, 2002
The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The meeting
was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All council
mernbers were present except Council Member Pritchett. Also present were City Administrator
Wayne Wright, City Clerk Susan Hiott, City Attorney Scott Cochran, Community Development
Director Chris Miller, and representatives of the press.
Invocation was given by Council Member Hawkins, followed by the pledge to the flag
AGENDA CHANGES:
There were none.
CITIZENS INPUT:
Mayor Bacon recognized Mr. Curt Johnston, who expressed appreciation to the citizens for their
support during his recent campaign for re-election to the Cobb County School Board. Mr.
Johnston also expressed appreciation to those persons who supported the Optimists Club in their
fund-raising efforts during the previous weekend. Mr. Johnston thanked the Mayor and Council
members for allowing students and faculty members to present the Character Education Program
at council meetings. Mr. Johnston introduced Dr. Linda Nash from Teasley Elementary School
and student Maria Bunch, who discussed this month's character education words.
MAYOR'S REPORT:
Mayor Bacon had nothing to report.
PUBLIC HEARINGS:
(A) Zoning Amendment Request — Change in Stipulations for External Finish Requirements —
2969 Jonquil Drive — Keith Akhlagi
Mr. Wright stated this development was approved with the stipulation that the building be
constructed with brick on four sides. Mr. Wright stated that the applicant is proposing to amend
the stipulations so that only the elevation facing Jonquil Drive will be constructed of brick or
fluted block to a height of 10'. Mr. Wright stated the other elevations will use prefabricated metal
panels. Mr. Wright stated staff supports the proposed zoning amendment.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Scoggins recognized Mr. Keith Akhlagi, and expressed apologies to Mr. Akhlagi
for any misunderstanding which may have occurred in connection with the rezoning stipulations.
MOTION: Council Member Scoggins made a motion to amend the zoning stipulations for a .34
acre tract in Land Lot 631 on Jonquil Drive to require brick or fluted block to a height of 10' only
on the building elevation facing Jonquil Drive. The motion was seconded by Council Member
Hawkins. Motion was approved 6 — 0.
MOTION: Council Member Scoggins made a motion to approve refunding of $500 in application
fees to Mr. Akhlagi, and the motion was seconded by Council Member Hawkins. Motion was
approved 6 — 0.
Mayor Bacon recognized Pastor Jim Moon, and members of the Smyrna Spartans football team.
Pastor Moon provided details of the teams' recent successes.
(B) Rezoning Request — Neighborhood Shopping (NS) to General Commercial (GC)
Conditional - 2.36 Acre Tract in Land Lot 528 — Wade Ford, Inc.
Mr. Wright stated the subject parcel was previously occupied by Shoney's Restaurant, and that the
applicant is seeking to rezone the property for use as an automotive sales facility in connection
with Wade Ford (WF). Mr. Wright stated staff supports the proposed rezoning with a number of
stipulations.
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to several persons by Mr. Cochran.
December 2, 2002 2
Council Member Hawkins recognized Mr. Lamar Lester of WF, and asked Mr. Lester to explain to
those present why the requested rezoning is needed. Mr. Lester stated that additional space is
needed to accommodate WF's continually growing business. Council Member Hawkins
asked Mr. Lester what part of WF operations he plans to locate at the subject property, and Mr.
Lester stated he plans to move the pre -owned vehicle sales department there. Council Member
Hawkins asked Mr. Lester if there are plans to remodel the existing building at the subject
property, and Mr. Lester stated that some remodeling for the building is planned. Council
Member Hawkins asked Mr. Lester if he understands that the proposed rezoning is to GC -
Conditional, and if WF ceases to use the property for car sales the zoning will revert to the current
NS zoning, and Mr. Lester answered in the affirmative. Council Member Hawkins read the
stipulations as set forth by the City staff:
1. The parking lot shall provide a new landscape island at the terminus of the existing front
row of parking and two new landscape islands in the southern row of parking spaces. The
existing access on King Springs Road shall be limited to employees only with a new gate.
2. A 5' wide landscape buffer shall be maintained along South Cobb Drive and King Spring
Road. The landscape buffer along King Springs Road shall contain a row of at least 4
evergreen trees planted at a height of at least 6'. The landscape buffer along South Cobb
Drive shall comply with the City's overlay district standards.
Any business on the subject property related to car sales will be required to be a
franchised car dealership directly associated with a car manufacturer.
4. The list of permitted uses for this site shall not include the following:
• Animal hospitals and veterinary clinics
• Boat sales and repairs
• Boarding and breeding kennels
• Farm equipment sales and service
• Lumber, hardware and other building material establishments
• Mobile home and travel trailer sales
• Service stations
• Automotive Repair
• Stations and terminals for bus and rail passenger service
• Taxi stands
• Theaters
Council Member Hawkins called upon Mr. Miller to provide additional information about the
City's overlay district standards referenced in the stipulations. Mr. Miller stated the stipulations
supercede the overlay district standards, so that certain additional landscape islands, which would
usually be required, will not be required for the particular requested use. Mr. Miller stated it is
often difficult to apply the landscape codes to existing properties, so certain additional landscaping
requirements are stipulated. Council Member Hawkins asked Mr. Miller if a landscape plan
would have to be submitted by WF to the City for approval, and Mr. Miller answered in the
affirmative. Mr. Miller stated that some additional landscaping along the back side of King
Springs Road will be stipulated, as well as limiting access there to employees only through use of
a gate. Mr. Miller stated that limiting customer traffic on King Springs Road is important, as this
road was not designed as a major thoroughfare. Council Member Hawkins asked Mr. Lester
if Mr. Miller's explanation has helped to clarify the requirements, and Mr. Lester answered in the
affirmative. Council Member Newcomb asked Mr. Miller if the standard buffer is 5', and Mr.
Miller stated that for South Cobb Drive it is a minimum of 5'. Mr. Lester stated the existing
building already has some islands. Council Member Newcomb asked Mr. Miller about signs for
the subject location. Mr. Miller stated the details regarding signs will need further discussion, and
that in the future WF may need to request a variance to bring the existing used car sign from its
current location to the subject property and eliminate some signs currently existing at the subject
property. Mr. Miller stated this is not related to the rezoning case currently under consideration.
Council Member Cramer asked Mr. Miller if a stipulation should be added requiring that trees
on the northern end between Jonquil Plaza remain undisturbed at the subject property, and Mr.
Miller stated this would be a good idea. Council Member Hawkins asked if a stipulation will be
added requiring all trees on the north side of the subject property to remain, and Mr. Miller
answered in the affirmative.
Mayor Bacon recognized Ms. Gill Bass, residing at 204 Alexandria Way, who stated that she was
only recently made aware of the proposed rezoning because the signs posted on the property to
advertise the proposed rezoning are not positioned in such a way as to be readily visible. Ms. Bass
stated that she and other concerned residents are not adequately prepared to present their view-
December 2, 2002 3
points on the present date, and requested that any action by the Council on this matter be post-
poned until a later date.
An unidentified person stated that incorrect hearing dates are shown on at least one of the signs
advertising the rezoning hearings. Council Member Hawkins asked Mr. Miller when this matter
was advertised to come before the Planning and Zoning Board (PZB). Mr. Miller stated the
signs reflect two different dates, including the PZB meeting dates. Mr. Miller stated he has not
seen the signs. Mayor Bacon stated that if there is a possibility that incorrect hearing dates are
shown on any of the signs, this should be taken into consideration before any action is taken.
Council Member Hawkins asked Mr. Lester to provide details of lighting proposed for the subject
location. Mr. Lester stated that lighting was discussed with Mr. Miller, and any lighting installed
would be directed into the facility. Mayor Bacon asked Mr. Lester if any cars would be delivered
at the subject location, and Mr. Lester answered no. Mayor Bacon stated the City Attorney has
advised that this matter should be postponed until steps can be taken to make certain the hearing
dates for the proposed rezoning have been correctly posted and advertised. Mayor Bacon asked
Ofc. Chastain from the City police department to retrieve the signs in question and bring the signs
back to the Council chambers so that the dates on them can be examined.*
(C) Rezoning Request — R-15 to R-12-Conditional and Plat Amendment - .33 Acre Tract in
Land Lot 664 — Cobb Habitat for Humanity (CHH)
Mr. Wright stated this proposal will add two single-family lots to the previously approved CHH
development. Mr. Wright stated the proposal has been approved by PZB and is also supported by
staff with certain conditions.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Scoggins recognized Mr. Dean Byers of CHH, and asked Mr. Byers to explain
the proposal under consideration to those present. Mr. Byers stated the rezoning and plat
amendment is requested to enable CHH to provide additional housing in a cost-effective manner.
Council Member Scoggins asked Mr. Byers if Lot 11 is the property that will be affected by the
requested action, and Mr. Byers stated Lots 10 and 11 will be affected.
MOTION: Council Member Scoggins made a motion to approve a rezoning request from R-15 to
R-12-Conditional and a plat amendment for a .33 acre tract in Land Lot 664 for Cobb Habitat for
Humanity. The motion was seconded by Council Member Wood. Motion was approved 6 — 0.
(D) Land Use Change Request — Low Density Residential to Medium Density Residential -
.33 Acre Tract in Land Lot 664 — Cobb Habitat for Humanity
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Scoggins made a motion to approve a land use change request from
Low Density Residential to Medium Density Residential for a .33 acre tract in Land Lot 664 for
Cobb Habitat for Humanity. The motion was seconded by Council Member Cramer. Motion was
approved 6 — 0.
(E) Rezoning Request — R-20 to Office Institutional- Conditional (OI-C) — 2.411 Acre Tract in
Land Lot 621 — Ross Kuhl
Mr. Wright stated the development proposed is a 10,000 square foot dental studio building. Mr.
Wright stated that PZB approved this request, and that staff supports the request with a number of
stipulations.
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to at least one person by Mr. Cochran.
Council Member Lnenicka recognized Mr. Ross Kuhl, and asked Mr. Kuhl to explain to those
present why the requested rezoning is necessary. Mr. Kuhl stated he is in the business of
operating a dental laboratory, and that his business has been in Smyrna for 27 years. Mr. Kuhl
stated he would like to relocate his operation from its current location to the subject property on
South Cobb Drive. Mr. Kuhl stated he employs some 25 people and needs to have a larger
facility with a larger staff. Mr. Kuhl stated most of his business is with professional offices and
most of the traffic to his facility is delivery services. Council Member Lnenicka read the
stipulations for the proposed rezoning compiled by the City staff:
December 2.2002
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1. The proposed rezoning for phase I shall conform to the site plan dated 1 1-04-02 detailing
a 10,000 s.f. dental studio and seventy parking spaces. Any development of the future
two-story building detailed on the site plan will require an amendment to this rezoning.
2. The list of permitted uses shall be limited to those enumerated in Section 710 of the City
Zoning Code, except high-rise apartment developments.
3. Deliveries and trash collection within the development shall be limited to between the
hours of 7:00 am and 7:00 pm. No overnight vehicle parking shall be permitted except for
company -owned cars, vans or pick-up trucks which shall be parked in the rear of the
property during non -business hours.
4. The parking lot shall provide landscape islands after every tenth parking space, the design
of which must be approved by the City of Smyrna.
5. To protect the residences to the south, only security lighting shall be provided in the rear
of the property. This motion -sensor security lighting shall be directed at the building and
not the residences to the rear. The parking lot lighting in the front shall be limited to
decorative lighting fixtures equivalent to the Georgia Power "Sternberg" style posts used
in downtown Smyrna. All lighting shall utilize "full-cutofp'technology.
6. A 15' wide landscape buffer shall be provided along South Cobb Drive and the 10'
undisturbed landscape buffer along the southern property boundary shall be consistent
with the requirements of Section 503 of the City's Zoning Code (the kudzu can be
removed from this buffer). The landscape buffer along South Cobb Drive will be
irrigated.
7. The dental studio building shall be designed with four-sided brick elevations and match
the renderings provided with the rezoning package.
The storm water detention plan shall be designed to create at least a 10% reduction in a
100-year storm event. The City Engineer shall approve all plans.
9. Any necessary retention ponds on the development property shall be placed and screened
appropriately to be unobtrusive to homes outside the development, and to observers within
the development.
10. All utilities within the development shall be underground.
11. The trash dumpsters shall utilize rubber tops or other City of Smyrna approved designs
and be appropriately screened per the City's code.
12. The developer will comply with the City's current tree ordinance and plans shall be
submitted to the City Arborist for review and comment prior to construction.
13. The retaining wall shall be constructed with split -face block and include a 6' privacy fence
along the top.
Council Member Lnenicka asked Mr. Kuhl if he would agree to try to connect the subject parcel
with the adjacent Chevron service station if possible, and Mr. Kuhl answered yes. Council
Member Lnenicka asked Mr. Kuhl to describe the building he plans to have constructed at the
subject location. Mr. Kuhl said the new facility will be constructed of brick on four sides, with
dormer windows and a green metal roof. Mr. Kuhl showed those present an artist's rendering of
the proposed building. Council Member Lnenicka asked Mr. Kuhl if the signs planned for the
proposed facility are minimal, and Mr. Kuhl answered in the affirmative. Council Member
Lnenicka stated that if Mr. Kuhl wants to expand the facility for possible additional future uses,
the application and hearing process would have to be repeated for any such proposed future
changes.
Mayor Bacon recognized Mr. Don Adams, residing in Ivy Glen, who stated the applicant came to
the members of the Ivy Glen HOA at the outset to discuss his plans. Mr. Adams stated the HOA
members requested visual representations of the proposed project be furnished to them, which the
applicant provided. Mr. Adams stated the applicant was requested to meet with the HOA
members, and that the requested meeting with the applicant was held in the City council chambers.
Mr. Adams stated the HOA members were invited to visit Mr. Kuhl's current facility, which the
HOA members did. Mr. Adams stated the HOA members believe the proposed facility will be an
asset to the community, and that approval of the project is recommended by the HOA members.
Council Member Lnenicka thanked Mr. Adams for his input and cooperation in this matter.
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December 2, 2002
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Council Member Lnenicka stated the proposed use is a low -intensity use compatible with the
surrounding buildings and landscaping. Council Member Lnenicka thanked Mr. Kuhl for the
consideration he has shown for the interests of the nearby residents and the City in general.
MOTION: Council Member Lnenicka made a motion to approve a rezoning request from R-20 to
Office Institutional - Conditional (OI-C) for a 2.411 acre tract in Land Lot 621 for Ross Kuhl
subject to the stipulations read into the record. The motion was seconded by Council Member
Wood. Motion was approved 6 — 0.
(F) Land Use Change Request — Medium Density Residential to Neighborhood Activity
Center - 2.411 Acre Tract in Land Lot 621 — Ross Kuhl
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Lnenicka stated a land use change is needed to keep the future land use map
in line with the approved change in zoning.
MOTION: Council Member Lnenicka made a motion to approve a land use change request from
Medium Density Residential to Neighborhood Activity Center for a 2.411 acre tract in Land Lot
621 for Ross Kuhl. The motion was seconded by Council Member Cramer. Motion was approved
6-0.
*Mr. Cochran stated that one of the signs posted in connection with the rezoning request from
Wade Ford (item #513) reflects an incorrect hearing date. Council Member Hawkins asked Mr.
Cochran if the proposed rezoning will have to be re -advertised, and Mr. Cochran answered in the
affirmative.
Mayor Bacon recognized Ms. Stephanie Reich, residing at 607 Bassett Court, who stated that the
Marietta Daily Journal (MDJ) may not be the best newspaper in which to publish legal
advertisements. Council Member Hawkins stated the MDJ has been recognized as the advertising
organ for Cobb County for over a hundred years.
MOTION: Council Member Hawkins made a motion to remove item 5B from the agenda to be
advertised for a subsequent meeting, and the motion was seconded by Council Member Newcomb.
Motion was approved 6 — 0.
(G) Rezoning Request — R-15 to RAD Conditional — 5.19 Acre Tract in Land Lot 487 —
Jeffrey B. Freeman, Development Partners, LLC
Mr. Wright stated the proposed rezoning will provide for 17 single-family residences on lots with
an average of 11,408 square feet. Mr. Wright stated the overall density for the site will be 3.27
units per acre. Mr. Wright stated the houses are proposed to sell in the high $200,000 range. Mr.
Wright stated the PZB has approved this request, and that staff supports the request with a number
of stipulations.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Hawkins recognized Mr. Jeff Freeman, and asked Mr. Freeman to explain to
those present what he proposes to build on Stephens Street. Mr. Freeman stated the proposed
houses will feature a variety of exterior finishes. Council Member Hawkins asked Mr. Freeman
if he has read the 19 proposed stipulations, and Mr. Freeman stated he has read them and agrees to
them. Mr. Freeman showed illustrations of the proposed structures to those present. Mr. Freeman
introduced Mr. Monty Hewitt, a building contractor, to those present. Council Member Hawkins
asked Mr. Hewitt to provide details regarding the proposed houses to those present. Mr. Hewitt
stated he would like to try to create a collection of houses at the subject location with a more
traditional appearance than what is found in most subdivisions. Mr. Hewitt stated characteristics
of older houses with a more traditional appearance include porches and a variety of external finish
materials. Mr. Hewitt stated the size of the houses will range from about 2,150 square feet to
2,800 square feet with two -car garages. Mr. Hewitt stated most of the proposed houses will
feature masonry accents on the exteriors. Council Member Hawkins stated he is pleased that
houses of the style and price range proposed by Mr. Freeman will be built in proximity to the
redeveloping downtown. Council Member Hawkins stated that houses of the type proposed
should fit in very well at the subject location.
MOTION: Council Member Hawkins made a motion to approve a rezoning request from R-15 to
RAD Conditional for a 5.19 acre tract in Land Lot 487 for Jeffrey B. Freeman, Development
Partners, LLC. The motion was seconded by Council Member Scoggins. Council Member
Lnenicka asked if the motion is to include the 19 stipulations, and Council Member Hawkins
December 2, 2002 6
stated that the motion does include the 19 stipulations. Motion was approved 6 - 0.
(H) Land Use Change Request — 5.19 Acre Tract in Land Lot 487 - Low Density Residential
to Medium Density Residential - Jeffrey B. Freeman, Development Partners, LLC
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
MOTION: Council Member Hawkins made a motion to approve a land use change request for a
5.19 acre tract on Stephens Street in Land Lot 487 from Low Density Residential to Medium
Density Residential for Jeffrey B. Freeman, Development Partners, LLC. The motion was
seconded by Council Member Scoggins. Motion was approved 6 — 0.
(1) Special Land Use Request — Auxiliary Business Use at Residence — 970 Concord Road —
Stephanie Busby
Mr. Wright stated that the Zoning Code restricts home occupations to those uses which do not
involve contact with the general public on the affected property. Mr. Wright stated that the
requested use is for a hairstyling salon, so a special land use permit will be needed in order for
the proposed business to operate. Mr. Wright stated that staff supports approval of the request
with a number of stipulations.
Mayor Bacon recognized Mr. George Perryman, residing at 3644 Lake Drive, who stated he has
owned the subject property for many years.
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to at least one person by Mr. Cochran.
Council Member Cramer recognized Ms. Stephanie Busby, and asked Ms. Busby to explain to
those present why the requested special land use permit is needed. Ms. Busby stated she has
reduced the number of clients she provides hairstyling services to. Ms. Busby stated the part
of the subject structure outfitted for business is separate from the residence with its own plumbing
fixtures and entrance. Council Member Hawkins stated that a special land use permit, if
approved, must be renewed every two years. Council Member Hawkins stated that a condition of
permit renewal is the business operator's adherence to the rules and regulations involved with a
special land use permit.
Mayor Bacon recognized Ms. Barbara Canfield, residing at 960 Dell Avenue, who expressed
concern that Ms. Busby's business will grow. Ms. Canfield stated that Ms. Busby's business
should be located in an area with an appropriate commercial zoning. Ms. Canfield presented a
petition signed by numerous persons opposed to the proposed issuance of a special land use
permit to Ms. Busby.
Council Member Cramer asked Ms. Busby about the parking arrangements at the subject property.
Ms. Busby stated up to five cars can park at her residence, but no more than one customer is
at her residence at any one time. Council Member Cramer expressed concern about limited sight
distance for motorists at the subject location. Council Member Hawkins asked Ms. Busby if her
appointments are spaced in such a way as to allow only one customer on the premises at any one
time, and Ms. Busby answered in the affirmative.
MOTION: Council Member Hawkins made a motion to approve a Special Land Use Request for
auxiliary business use at a residence at 970 Concord Road for Stephanie Busby. The motion was
seconded by Council Member Scoggins. Motion was approved 4 — 2, with Council Members
Cramer and Lnenicka opposed.
(J) Variance Request — Reduction in Side Property Line Setback Requirement - 2770 Fraser
Street - Martin Preston
Mr. Wright stated the Zoning Code requires accessory structures to be set back a minimum of 10'
from the side property line. Mr. Wright stated the applicant is requested a variance to allow an
existing structure to remain 4' from the side property line. Mr. Wright stated that staff supports
the variance with a number of requirements.
Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to at least one person by Mr. Cochran.
Council Member Hawkins stated this request was tabled at the November 4, 2002 Council meeting
pending correction of certain code violations at the subject property. Council Member Hawkins
asked Mr. Miller if the specified violations have been corrected, and Mr. Miller provided details
December 2, 2002
7
indicating substantial compliance by the applicant.
Mayor Bacon recognized Ms. Teresa'Norsworthy, residing at 2780 Fraser Street, who stated the
subject property has been cleaned up to a considerable extent. Ms. Norsworthy stated that the
applicant has previously claimed that there is no electricity at the subject accessory structure, but
she believes there is an electrical service connection there. Ms. Norsworthy stated she has
photographs which substantiate her claim. Ms. Norsworthy stated she believes Mr. Preston has no
intention of maintaining neat and orderly conditions at the subject property. Ms. Norsworthy
stated she believes the subject structure does not comply with City building standards. Council
Member Hawkins asked Ms. Norsworthy if it is her recommendation that the subject building be
removed, and Ms. Norsworthy answered in the affirmative. Council Member Hawkins reminded
Ms. Norsworthy that she was recently granted a similar variance by the Council, and Ms.
Norsworthy expressed the view that her situation was different. Ms. Norsworthy stated that
removal of the porch section of the subject structure might be a reasonable compromise, especially
since she believes Mr. Preston tends to store various articles on this porch. Council Member
Cramer asked Mr. Miller if the installation of lattices around the base of the structure will cause
any problems, and Mr. Miller expressed the view that as long as no storage is visible, no
nuisance is created. Council Member Hawkins asked Mr. Preston if he would be willing to
remove the porch on the subject structure as a condition of approval of the variance. Mr. Preston
stated he would be willing to remove the porch as a condition of approval of the variance, but
stated he does not understand why it would be necessary. Mayor Bacon stated the subject building
may look unsightly if the porch were removed. Council Member Hawkins stated that, because
Ms. Norsworthy was granted a similar variance, it would not be fair to deny such a variance to
another nearby resident. Council Member Hawkins read the stipulations upon which approval of
the variance will be conditioned:
The applicant shall apply for all necessary building permits required to finish the exterior
of then accessory structure within one week of approval of this variance.
2. The variance shall be limited to the current owner and/or occupant (Martin Preston). Any
sale or transfer of the property will necessitate the removal of the building or its relocation
consistent with the zoning code.
No water, sewer or septic connections shall be permitted for the accessory structure.
4. All materials currently stored under the accessory structure shall be either removed or
placed within the accessory structure upon its completion.
Council Member Hawkins asked Mr. Preston if he accepts the stipulations. Mr. Preston asked if
articles stored under the structure behind the lattices can remain at that location. Council Member
Hawkins read stipulation #4 to Mr. Preston once again, and stated that articles stored beneath the
structure must be removed to appropriate indoor storage when the building is completed.
Motion: Council Member Hawkins made a motion to approve a variance request for a reduction
in the side property line setback to 4' at 2770 Fraser Street for Martin Preston. The motion was
seconded by Council Member Newcomb. Council Member Wood asked if the motion includes
the stipulations, and Council Member Hawkins stated the stipulations read into the record are to be
included. Motion was approved 6 — 0.
(K) Variance Request — Reduction in Front Yard Setback Requirement — Lot 531 e, Vinings
Estates — John Wieland Homes (JWH)
Mr. Wright stated the applicant has requested a reduction in minimum front yard setback from 25'
to 15' to accommodate a proposed clubhouse building. Mr. Wright stated staff recommends
approval of the variance.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Wood recognized Mr. Scott Auer, representing JWH, and asked Mr. Auer to
explain to those present why the requested variance is needed. Mr. Auer stated there is a 100'
Georgia Power easement on the subject property which prevents the building from being set back
further to the rear. Mr. Auer expressed the view that the clubhouse will complement the neighbor-
hood. Council Member Wood asked Mr. Auer if the owner of the adjoining property has been
contacted regarding the proposed variance and has indicated the variance is acceptable, and Mr.
Auer answered yes.
MOTION: Council Member Wood made a motion to approve a variance request for a reduction in
front yard setback to 15' along Grandview Drive and Belair Bluff Court for Lot 531e, Vinings
December 2, 2002
8
Estates for John Wieland Homes. The motion was seconded by Council Member Lnenicka.
Motion was approved 6 — 0.
(L) Variance Request — Reduction in Rear Property Line Setback for Accessory Structure
1002 Windy Oaks Court — Anna Branham
Mr. Wright stated the Smyrna Zoning Code requires accessory structures to be set back a
minimum of 5' from the rear property line. Mr. Wright stated the applicant has requested a
variance to permit the accessory structure to remain 1.4' from the rear property line. Mr. Wright
stated that staff supports the variance provided it is limited to the current owner.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Scoggins recognized Mr. Daniel Branham. Council Member Cramer asked Mr.
Branham to check and make certain the subject building is safely anchored to the ground.
MOTION: Council Member Scoggins made a motion to approve a variance request for a
reduction in rear property line setback for an accessory structure to 1.4' at 1002 Windy Oaks
Court for Anna Branham. Council Member Scoggins stated the motion includes the stipulation
that the accessory building be removed by the next owner. The motion was seconded by Council
Member Newcomb. Motion was approved 6 — 0.
FORMAL BUSINESS:
There was none.
COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of November 18, 2002 minutes
(B) Approval of Installation of Speed Humps on Queensgate Drive
The City has received an application for the installation of speed humps from residents
between #1095 and 1130 Queensgate Drive in the King Valley at Vinings subdivision.
The City Engineer has reviewed the application and found that it meets the requirements
of the City's Speed Hump Policy.
(C) Request to Use Contact Unit Pricing for Sewer main Replacement
Public Works requests to replace approximately 325 L.F. of sanitary sewer main on the
Woodland Trail outfall. Staff recommends replacement of this 8' sewer main using the
open cut method.
(D) Approval of Bid Awards for Replacement of Personal Protective Equipment (PPE)
and Upgrading of Self -Contained Breathing Apparatus (SCBA) for City Firefighters
New standards for PPE and SCBA necessitate replacement of PPE and upgrading of
SCBA. $126,000 was approved in a Federal Grant and $33,880 was budgeted for FY
2003 to fund this expenditure. Bids were requested and opened on November 20, 2002
and ten vendors responded. Award of bids to the following low bidders meeting
specifications is recommended:
American Safety and Fire House (SCBA equipment) $46,301
Axis Fire (helmets,coats,pants) $99,470
Bennett Fire Products (boots) $14,350
NAFECO (gloves,hoods) $3,641.40
TOTAL $163,762.40
(E) Approval for Use of Pavilion and Adjacent Parking Space by Charter Communications
(CC) for a Grand Opening of the CC Office at the Market Village
Approval for CC to access the Pavilion and park a 50' trailer for their grand opening on
December 7, 2002 is requested.
*(F) Approval of Use of Council Chambers on January 16, 2003, for the Meeting of the Forest
Hills HOA from 6p.m. to 8 p.m.
*Council Member Hawkins made a motion to suspend the rules to add an item to the consent
agenda. The motion was seconded by Council Member Newcomb. Motion was approved 6 — 0.
December 2, 2002 9
A
Council Member Hawkins made a motion to add item #8F to the agenda, and the motion was
seconded by Council Member Cramer. Motion was approved 6 — 0.
MOTION: Council Member Lnenicka made a motion to approve the consent agenda, and the
motion was seconded by Council Member Cramer. Motion was approved 6 — 0.
COMMITTEE REPORTS:
Mayor Bacon stated that Council Member Pritchett is away on City business on this date.
Council Member Newcomb yielded the floor with no report.
Council Member Scoggins yielded the floor with no report.
Council Member Hawkins stated the Smyrna Optimist Club raised over $8,000 during the pancake
breakfast event during the previous weekend. Council Member Hawkins thanked those persons
who helped to support this event.
Council Member Cramer reminded those present that commemorative bricks are still available for
the Veterans Memorial.
Council Member Lnenicka commended the City staff for the well -organized and successful tree
lighting ceremony held recently.
Council Member Wood yielded the floor with no report.
CITIZENS INPUT:
There were no additional citizen comments.
ADJOURNMENT:
With no further business, the meeting was adjourned at 10:03 p.m.
A. MAX BACON, MAYOR
CHARLES PETE WOOD, WARD 7
RO NEWCOMB, WARD 2
AMES M. HAWKINS, WARD 4