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December 2, 2002 Council Meeting December 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 members 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 ofthe 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 - o. 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 - o. 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 stipu lations. 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 ofWF, 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 ifthere 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: - I. 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. 3. 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 standard~ 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 ofthe 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 ofthe 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 ofCHH, 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 II 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 - O. (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 - O. (E) Rezoning Request - R-20 to Office Institutional- Conditional (Ol-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 stipu lations. 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 ofthe 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 4 I. The proposed rezoning for phase I shall conform to the site plan dated 11-04-02 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-cutoff' 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. 8. The storm water detention plan shall be designed to create at least a 10% reduction in a I OO-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. II. 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. December 2, 2002 5 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 (Ol-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 - o. (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 ofthe signs posted in connection with the rezoning request from Wade Ford (item #5B) 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 - o. (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 ofthe 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 - o. (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 - O. (I) 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 anyone 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 anyone 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 Lncnicka opposed. (.I) 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 oflattices 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 ifhe would be willing to remove the porch on the subject structure as a condition of approval ofthe 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: I. 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. 3. 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 - O. (K) Variance Request - Reduction in Front Yard Setback Requirement - Lot 53 Ie, 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 wilI 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 531 e, Vinings December 2,2002 8 Estates for John Wieland Homes. The motion was seconded by Council Member Lnenicka. Motion was approved 6 - O. (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 - o. 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. A ward 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 ofthe 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 - o. December 2, 2002 9 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 - O. 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 - o. 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. .... ~D ~~ / ~N D. HIOTT, CITY CLERK A. MAX BACON, MAYOR ~ l/,~JJ~./ RON NEWCOMB, WARD 2 Q~/11. /~ ~AMES M. HAWKINS, WARD 4 ... C~~D~~