City of Newnan

Georgia

CITY HALL

Board of Zoning

Appeals

Agenda Book

May 1, 2018

City of Newnan

Board of Zoning Appeals

Agenda for May 1, 2018 Board of Zoning Appeals Meeting 10:00 AM, Richard A. Bolin Council Chambers, City Hall

TAB NUMBER AGENDA CATEGORY / ITEM

Convene

TAB #1 Minutes of the April 3, 2018 Board of Zoning Appeals Meeting

TAB #2 Public Hearing – Appeal of Zoning Administrator’s Decision – 10 Ray Street: Zareh Najarian and Ben Hill

Other Business and Comments by Members of Staff

Public Comments

Adjourn

Unless otherwise posted, all Board of Zoning Appeals Meetings

are held in the: Richard A. Bolin Council Chambers, City Hall 25 LaGrange Street, Newnan, Georgia 30263

Any questions prior to the meeting should be directed to the Planning and Zoning Department.

Phone: 770-254-2354 E-mail: tdunnavant@cityofnewnan.org

Board of Zoning Appeals Meeting – 04/03/2018

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CITY OF NEWNAN

Board of Zoning Appeals Meeting Minutes

April 3, 2018 10:00 a.m.

Board Members in Attendance: Cliff Smith Sally Hensley Jim McManus Frank Flournoy Board Members Absent: Larry McWhorter Ken Parker Willie Walton Others in Attendance: Tracy Dunnavant, Planning & Zoning Director Chris Cole, Planner Tina Fronebarger, Administrative Assistant Brad Sears, City Attorney CALL TO ORDER

Chairman Smith called the meeting to order at 10:00 a.m. in the Richard A. Bolin Council Chambers, City Hall.

READING OF MINUTES Chairman Smith asked if everyone reviewed the minutes from the March 6, 2018 meeting. Flournoy motioned to accept the minutes with one correction that stated “Chairman Gause” instead of “Chairman Smith”. Hensley seconded the motion.

MOTION CARRIED (4-0) Public Hearing – Variance – 176 Millard Farmer Industrial Boulevard: Michelle M. Alexander Chairman Smith opened a public hearing on a variance request for 176 Millard Farmer Industrial Boulevard and asked anyone speaking in favor to come forward. Michelle Alexander came forward stating she was with Your Chef To Go, Inc. which is a catering company here in Newnan. She was sworn in by Brad Sears. Alexander explained they are expanding their business to include a retail facility on the corner of Elaine Drive and Millard Farmer Industrial Boulevard. She mentioned they have already received a variance and a special exception and they need one more variance for the screening of their walk-in units on the west side of the building. Alexander mentioned on that side, their property borders Roscoe Jenkins Funeral Home and there is a hill with mature trees and shrubs that would block the view of the walk-in units. She said in order to put in a screening wall, they would have to grade the hill out. She stated her hope is that the natural barrier will be enough to block the view of the units. Alexander said there will be a wall on the Boulevard side and provided more information regarding that wall. Chairman Smith stated it was quite a facility and added that from what he can tell the commercial is downstairs and the residential is upstairs with six or seven bedrooms. Alexander stated yes. Hensley asked who will be living there. Alexander stated they have five children, eight grandchildren and one great-grandchild. She mentioned they live on the north side of town and when they have a large catering event her family comes down and stays with them. Alexander mentioned the two suites are in preparation for their elderly parents living with them. She said they are preparing to have space in their home and planning ahead. Alexander provided additional information regarding her family. Dunnavant stated that staff also asked about the large number of bedrooms when reviewing the

Board of Zoning Appeals Meeting – 04/03/2018

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plans and Alexander gave her the same explanation. Hensley asked if part of the downstairs is going to be retail and part commercial. Alexander stated 1/3 of the downstairs will be their catering kitchen and 2/3 will be retail and bakery. She provided additional information regarding the downstairs layout. Chairman Smith asked if there were any questions in reference to the variance. Flournoy asked how she got into the business. Alexander stated she started cooking at the age of four. She mentioned they worked hard to design the building to fit the neighborhood and to create a “homey” but contemporary look. Chairman Smith asked the City to give their report. Chris Cole read over the purpose and background information regarding the applicant’s plans to construct a building to operate a family-owned retail bakery and a catering company. He explained that according to the applicant, the proposed building will utilize walk-in refrigeration and freezer units attached to the west side of the building. Cole said the topography of the property includes a natural hill, trees, and shrubs on the west side, which shares a boundary line with the neighbor. In order to comply with the City Ordinance, the natural barrier, which would block any view of the walk-in units, would have to be graded and removed for a wall to be constructed. The hardship results from the conditions in terms of topography that are peculiar to this property. Further information was read from the staff report by Cole including the bases for granting the variance. He concluded by recommending approval of the variance request. Hensley asked if they heard from Roscoe Jenkins Funeral Home. Cole stated he had not heard from them, but added that he had sent them a letter and he posted a sign on the subject property. He said he thinks it will add more stress if they start cutting down trees toward their neighbor’s property line and removing part of the hill. Hensley asked if you stand with the natural buffer to your back and looking at the new building, what would be seen. Cole said if you look at the depictions, the one labeled north elevation, you would see the western façade as well as the units that are proposed. Alexander said if you are against that buffer with Millard Farmer on your left, you will see the building side and a very small amount of the property because of the hill. Hensley asked if the walk-in part is inside the building and Alexander stated yes. Hensley asked if it was a solid wall on the outside and Alexander stated yes, a solid wall attached to the building with the entrances from the inside of the building. Dunnavant asked if the units were going to have exposed shiny metal or if Alexander planned on painting them. Alexander said if they don’t come pre-painted to the color they want, they will paint them to match the building. Chairman Smith asked if the natural buffer will suffice. Dunnavant stated staff believed it would. Flournoy motioned to approve the variance request as per the packet. McManus seconded the motion.

MOTION CARRIED (4-0)

ADJOURN Hensley motioned to adjourn the meeting. Flournoy seconded the motion.

MOTION CARRIED (4-0)

Meeting was adjourned at 10:20 a.m. __________________________________________________

Chairman Cliff Smith

City of Newnan, Georgia – Board of Zoning Appeals

Date: May 1, 2018

Agenda Item: Appeal of Zoning Administrator’s Decision

Prepared and Presented by: Chris Cole, Planner

Purpose: To appeal the decision of the Planning Director regarding the nonconforming status of a

structure located at 10 Ray Street. The applicants are Zareh Najarian and Ben Hill.

Background:

On February 22, 2018, a stop work order was placed on the subject property at 10 Ray Street by the City

of Newnan’s Building Department for HVAC work being done without a permit. This action led to a

review of the zoning of the subject property by the Planning Department. The applicants’ proposed use, a

Duplex, is not a permitted use in the CUN (Urban Neighborhood Commercial) zoning district. According

to tax records, the structure was built in 1940.

It is staff’s understanding that 10 Ray Street had been vacant from approximately August 2016 to

November 2017 (when the power was reestablished by the applicants). The question before the Board is

whether or not the subject property lost its nonconforming status when the Duplex remained vacant for

more than six months. According to the Zoning Ordinance Section 1-7(c)(2)a.3, a nonconforming use

shall not be reestablished after discontinuance for 6 consecutive months or more, regardless of an intent

not to abandon or to resume such use. The applicants added that the subject property was purchased as a

Duplex and they had planned on continuing it as a Duplex (adding that it has been a duplex for a long

time).

The City’s interpretation is that the structure was not occupied as a Duplex for over six months and

therefore lost its grandfathered status. The applicants disagree with the Zoning Administrator’s

conclusion that the subject property lost its nonconforming status. When looking at the design of the

structure, as seen in the attached pictures, it is apparent that a Duplex was a previous use on the subject

property. It is unclear as to how long the structure had been a Duplex before it was vacated in

approximately August 2016.

As with all appeals, the City will not provide an opinion as to whether or not the appeal should be

granted. However, the City has no objection to the structure having its grandfathered status reestablished

if the Board chooses to grant the appeal.

Options:

A. Grant Applicants’ appeal and allow for the reestablishment of the Duplex use.

B. Deny the appeal.

C. Grant Applicants’ appeal with conditions.

Attachments:

Application, Location Map

Previous Discussions with BZA:

None

FAIR ST

RAY ST

FISHER STLUCK

IE ST

TEMPLE AV

2

14

101214

40

2032 165

34

9 12357 1

24

114

18

11

26 6

9

33

13

3135

26

100

12

19

110 104

7

108

11

9810239

10

15 5 15

1065

36

5048

CITY OF NEWNAN | Project Location

1 inch = 83 feet1:1,000

CITY OF NEWNANPLANNING DEPT.

25 LAGRANGE STREETNEWNAN, GEORGIA 30263

www.ci.newnan.ga.us

N

"The information on these maps were derived from digital databases from theCity of Newnan GIS. Care was taken in the creation of these maps. No

guarantee is given as to the accuracy or currency of any of the data. The Cityof Newnan shall not be liable for any special, indirect, or consequential

damages or any damages whatsoever resulting from loss of use, data, orprofits, whether in an action of contract, negligence, or other action, arising out

of or in connection with the use of the information herein provided. The datalayers do not take place of a legal survey or any other primary source

documentation. However, notification of any errors will be appreciated."

LEGENDCITY LIMITS

Project Location

PARCELS

SITE

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10 Ray StreetNEWNAN GA. 30263

ADDRESS

10 Ray Street – Appeal of Zoning Administrator’s Decision

View of Front Facade View of southern Facade

10 Ray Street – Appeal of Zoning Administrator’s Decision

View of northern Facade View of adjacent property to the north

10 Ray Street – Appeal of Zoning Administrator’s Decision

View to the north on Ray Street View across Ray Street

10 Ray Street – Appeal of Zoning Administrator’s Decision

View of Fisher Street from the Subject

Property Alternate view across Ray Street

10 Ray Street – Appeal of Zoning Administrator’s Decision

View to the south on Ray Street View of adjacent neighbor to the south