Board of Zoning Appeals Meeting
Video Transcript
Duration: 109 minutes
Speakers: 19
Hello, everyone.
Meeting is called to order. It is 07:04
on September 9.
Welcome to the Board of Zoning Appeals. My name is Jahazif Jabbar,
and this board consists of Roswell residents appointed by the mayor and approved by the city council. We serve voluntarily and without compensation.
This board has a final say on tonight's applications.
We have two.
Appeals must be filed filed within thirty days with the Superior Court of Fulton County.
We will follow this agenda
for each of the applications.
The city representative
will present their report, including any recommendations.
The applicant will present their case.
Public comments, we are going to limit each side to ten minutes as per state law.
The applicant can rebut
after the comments.
The board members may ask questions at any time throughout, and the board will deliberate and vote a simple majority
decides.
We will begin with the city's presentation
on an item that was deferred from last time, 12250
Brook Field Club
Drive. Hi.
Good evening, everybody.
Tonight, we're gonna look at BZA 2025205412250
Brook Field Club Drive.
Variance to reduce the side and rear accessory structure setbacks for an existing sport court.
Like the chair said, this was deferred from the August 12 meeting to today's meeting.
It was presented to the BZA on August 12. Staff gave their presentation and recommended approval of both variance requests.
The applicant then gave their presentation.
Multiple members of the public who all live in the same neighborhood of the applicant
spoke in opposition
and in favor
of the variance requests.
The BZA voted to defer the defer the item to today's meeting.
On, August 25,
the applicant submitted a landscape plan
and additional information related to the case.
In the submission,
the landscape plan proposed,
the planning of three,
Chindu,
for for
Burnham brush
bushes and six
clear bushes.
And in quotes, this is from the applicant's email, we would shut down all activity on the sports court at 10PM,
and no lighting will be placed within the setback area.
Staff's recommendation. Based on the submission of the supplemental information
on August 25,
staff is recommending approval
of both variance requests with the
following conditions.
That the applicant plants three Chengdu viburnum
and six Claiyra bushes between the sport court and rear property line as depicted on the landscape plan dated August
2325.
That the applicant limits the use of the sport court between 7AM
to 10PM.
And that the applicant ensures that any outside lighting used to illuminate the sport court shall be located, aimed, or shielded so as to minimize glare and stray light trespassing across the adjacent property boundaries.
And here is the landscape plan.
That is it.
Hey. This is Rob Huey. When we last left,
we suggested that the applicant get with the homeowner
work out,
something.
Was that done or was were they unable to do that?
I can let the applicant speak to that when he comes up to give his presentation.
Right. Because this looks like it was information presented by the applicant on remediation plans. Is that correct? Correct. Okay. Yeah.
I have a question. Jahazib here. So the three on the
top left, those are the Chengdu, Webinom. Yes. And then we have six
across on kind of on the right hand side. Right. Those are the other ones. Okay.
And
are those the heights eight
what is that? Eight feet and six feet? What is that? Yeah. Mature size,
18 feet in height, 12,
feet in width for the,
Chengdu. And then,
for the Clouira,
it's
15 feet in height and
10 feet width.
10 feet width?
That
okay.
Any other questions?
I thought I'd this is Jeanne Payton. I did wanna assure you that staff did verify
the the growing condition.
And they were both listed as fast growing in our research that we did about landscaping. I know it's not something that you normally consider.
So we verified that those heights that were represented were reasonable and accurate. Okay. Thank you.
Any other questions for staff from the board?
Yes. Mister Hanna, you recognize.
John Hanna.
So so we're talking about planting one gallon and three gallon plants.
Any idea how long it's gonna take for them to mature to the levels that we have stated on the plan?
Yes.
Mister Kowalski, you're right next. Ian Kowalski.
Clarification. Is that a one gallon or seven gallon on those three plants on the left?
Anything else for staff?
Thank you.
Alright.
At this point, the applicant
may come and present, if you'd like.
Hi, everybody.
Good to see you again.
I have a sinus infection, so I'm gonna apologize in advance,
for coughing and
whatnot.
I'm gonna give you guys some stuff real quick so you can
Did he cough on it first? I I wanna make sure that's
We can share.
Thanks.
You guys good there?
Yeah. The first thing I sent you, again,
I'd, was just
to give you an idea of the court of where we're starting as far as the current screening. I felt just to get a better idea
of where the court is, the privacy of the houses in the back, and, you know, exactly, where we're kinda starting from,
on the court
and the difference with
the court there and being able to see. And then the next one is, again, with the
screening recommendations that we did in the landscaping.
Would you mind putting them on the overhead? We've turned it on.
There's an extra one.
And not have
You might have our extra.
Go ahead. Let me
Sorry, guys.
This one?
Oh, and to be fair to the Schneider's too, here's more of the corner one. Kinda hand this one out.
Current screening and view from the back edge,
probably taken about,
I don't know, 10 feet into the court,
on that so we can see the edge,
there as well. And then the screening example,
on that. And I I just did the one so that you could, see.
Any questions with that
on that? I saw heard you guys Yeah. Is
is there any significance to the height of the different plants that you're showing? Because it looks like the ones that you have on the top
left corner, they're
technically supposed to be higher, and these are higher in the picture here. Honestly, we did, when we did the rendering, we put, like, generic plant that is associated with each breed Okay. On there, and they did that and then tried to make adjustments. I think according to the grow patterns and things, they're gonna do what they said. So these were placeholders
for,
for for these particular
k.
Type. Now I don't have a mind I don't have a problem changing them. They seem to be the best fit.
The original plant recommendations we got from a landscape architect or lands,
yeah, landscape, architect,
on this. That was where the original plan came. And then I we recently did this just to give a better visual to, see,
on that. So those are recommendations. I'd be more than willing to change those as well. And, again, to your point on the communication beforehand, we talked more ten minutes ago than we have during the time, to be honest with you.
We did reach out by email,
shortly after,
the Schneiders did respond.
They weren't available to meet in the backyard, but asked for,
suggestions
at that point. And there I backed up the emails on page three. You can see,
we also placed a call to the,
miss Julie Sellers at that time, on August 18. Again, the BZN
meeting was on the twelfth.
We got a missed, call from Julie,
same day.
We placed another call the next morning,
August 19.
Then on we didn't hear back at that time. Then on August 19,
if you see, email the attorney asking to jump on a phone call as well. Again, if you look at page four, just for reference, four pages in, it's just, hey, Julie. Can we
jump on,
a quick call? That's August 19.
That was, again, August 19. We weren't familiar right at that point with submission deadlines, actually,
at that point, when we had a deadline on there. Roswell did inform us, hey. You gotta put these into the record what you wanna do. So we were working
towards meeting, but we didn't get one done.
And we did not,
I thought the deadline was August 20, sixth. That's why I think did we turn it in August 25? I think something along those lines.
If you guys can see that.
The green is again the Schneiders are their attorney contacting us the morning of August 26,
on the deadline.
We did hear back from Julie just apologizing.
We know she is busy,
and that she would follow-up,
during the week. So that's her email on page five,
on that. She apologized for it.
She did get back,
so the deadline for the '20 was the twenty eighth.
She did,
get back,
to us.
I'm sorry. The deadline was on the twenty sixth from my understanding, and she did get back to us on the twenty eighth,
after the submission deadline
and, right before Labor Day weekend.
So once we we were out of town for Labor Day weekend,
we followed back up with email letting her know we had plans and we'd like to have a phone conversation.
Okay?
Email from the attorney asking to,
see some additional,
details. That was September 3, so pretty recent.
And then
I think that at this point, Roswell submitted plans to them. Again, I don't know the process exactly, but then that,
I think triggered them saying, hey. We,
weren't communicating or whatever it might be. So we did try to reach out. It's just why I wanted to put this timeline down in front of you guys. We thought it was important just as you guys instructed
to work this out. Based on some of the recommendations you guys gave us previously and different boxes to check and
reviews to do. We wanted we submitted our plans. I don't think it was set in stone. We're still willing to talk.
So we emailed both
the Schneiders, the attorneys, and the, Williams,
a few times leading up to this, trying to get a phone call.
Today is the first time I saw them. So, again, pulled them aside.
Honestly asked, what happens if we cut the six feet off and we can all walk away?
You guys happy?
I'm gonna spend thousands of dollars on landscaping or I'm gonna spend it,
cutting the slab off, and we'll be done with it.
So
I wanted to give you know, that was my original thing. I'm trying to put as much into this as possible based on the inconvenience that we caused at the beginning. I understand
that. And, yeah, that's basically
where I'm at now.
Thank you. Any questions? Yeah. Go ahead. Mister Schumacher?
Mark Schumacher.
So, you know, the board is limited to granting variances
due to a hardship.
K. What's your argument that there's a hardship here?
The topography change in the backyard doesn't allow me to put this court anywhere else.
Did you have that reviewed by a landscape? Or do you have any a piece of paper that says that it's impossible to go ahead and and have the court put there? I did have a I did have a landscape architect review when we're going there with the topography and what we were trying to put in. Again, the hardship also says, am I allowed to, you know, similar rights to another property owner and join my property in similar ways?
And there is a
I could get the writing if that was a requirement after, the thirty, forty foot drop,
and from there to my driveway,
that's extremely steep,
on that, hence, the retaining wall, even to push it back as far. And, again, on the court size,
I didn't minimize. Again, it's the reason for the size is three point line depth
and width. It's tight pretty much as tight as that will go,
on that. And it's pushing the boundaries of that particular space, and there is a dry creek bed that also limits some some stuff there as well. I had to go through a lot of
to your point, even finding out more details about the property. It was the only one after going through water mitigations
and retaining wall,
reviews as well.
Do you know the cost to if you remove the six feet from
each side, you know, the approximate cost that that would be? I don't know.
It's probably gonna be more expensive
than the landscaping, but the landscaping is getting up there as well. So, yeah, to your point, if I cut that off
and wave conditions or
walk on the variance, I guess,
but then it's left with
in worse shape than it was, but understandable, I guess. So I guess that is an option
Okay. Because of it. But again, yeah, I cut it six foot short and I guess I'll still be able to play basketball one way or the other,
on that.
Okay. Thank you.
Mister Seager?
Dan Seager.
I guess this is for the for the city. Is is cutting the concrete a legitimate
opportunity?
I know it came up in the first meeting, but if this
variance request was denied, is that all the applicant would have to do is go back and, you know, cut out a section to bring them
inside or outside the the setback?
This is He wouldn't have he wouldn't have to remove the whole patio?
No. The whole pad removal would not be necessary. It is permitted. It just has to meet the setback requirements.
Okay.
So our options are,
leave it like it is,
approve the variance request along with these conditions where he has to put some
buffer plants around the outside
or
we deny it
and there's no buffering. It's just cutting the concrete to get it to move back outside the
setbacks. That is correct. Pretty much. Of the variance is your only opportunity to place conditions on the use.
Okay. Denial would
let it fall to just permitted by right.
Okay.
With the cutting.
More question for
the excuse me. In some like some of the communication,
it was pointed out that either own or associated with silver oak remodeling. Is that correct or was that
incorrect? Yes. I am.
So you do this work on a regular basis then with your company? Yeah, I do interiors,
kitchen bath.
Okay.
Anything else for the applicant?
You there, Mark? Yep. Alright. Cool.
Alright.
Thank you.
Alright. So we as we stated at the top of the meeting, we're gonna grant each side, the four side, and the opposing side ten minutes each. You may decide to fill it up with one person or multiple people, but we're gonna set the clock. And then, just to make it easy, we can have one side go first.
We're not gonna do a coin flip. And then,
once that time is exhausted,
we'll have the other side. So, since the applicant went, I think, we'll ask the opposing side
to come up, and, we'll start the clock then.
So for the Schneiders, we are not general public. We are basically the most adjacent neighbor because we share much of the property line.
So this
is the
Yeah. We see it. Oh, you see it on the screen. So this is a view when you are on the corner on the right hand corner of of the new sports court.
This is how close it is if you
walk up there. This is
oh,
like,
between three and five feet depending on which corner of this thing you you
are. And, I mean, it all started in December 20
before '29
saw that there was leveling and creating done. We went to you know, they were not home, so they were traveling.
We sent them emails. We tried to communicate,
and the email back and the text back said, you know, if I proved my my setback, everything is fine. I paid
a surveyor.
So, basically, what we
you know, we are within our right of property, and he
didn't stop building. He threatened us to pay for it. I don't wanna pay for another contractor, which I haven't hired. So
we went to the city. We reached out. This is on record. You know, we have all the emails. We have proof of everything. What I wanted to say is we tried to be good neighbors, but we were never on a, like, a friendship basis like we have with other neighbors in our street.
I don't know exactly why, but it started you know, we moved there two years earlier.
And,
so long story short,
on,
I think January 2, the concrete was already poured, and that was basically,
you know, a good timing because the city had no staff maybe available,
no time to investigate pretty quickly. So the timing was perfect for moving along, and we cannot defend our setback.
We can only hope the city,
you know, the city staff and the city
board is in a position that you see that rules are there to be meant to be kept to. And because we live in Rossville, because we think it's a great town, a great city,
and, you know, we
wanna be part of the community, but we all have to accept what the rules are. And, you know, within
a acre property, there are plenty of spaces. You could move it a bit forward. You could replace the other area that was leveled after they moved in.
I mean, it's
from every as you see here, we will see you know, whatever you plant on the site, it's offsetting our house. So it's exactly between the Williams and our house
looking to the other neighbor, and that is Adam Fazio, and he also sent a letter originally for
for the meeting, four weeks ago.
So, I mean,
we don't want kids not to be able to play or even adults to play when they want to this is not about kids and their rights to have fun and play. It's about
principle
and, you know, how you deal with
situations
where you know you are not okay with what you do, but you do it anyway.
That is my point, which I wanna bring over. It's just like I'm going a 100 on 400 every day, and afterwards, I asked the state police to put at a 100
mile per hour sign because I went a 100 to make it legitimate. This is not how we deal with each other.
Yeah.
I would like to say, my name is Silke Schneiders. I'm,
I live adjacent
in the back of their property.
So what I wanted to mention is
when they walk
And this thought, mister View,
and
privacy
and the landscaping
plan.
Miss Stew, do you mind speaking into the microphone? I know it's Yes. And the landscaping plan does not even cover that.
So,
my thing is the record shows there were no permits, only expired a tree permit. Grading and formwork were done without approvals.
Slap was poured January 12 to while my complaint with the city was still open and nobody investigated it. Nobody
came to see it. Just that it was
closed on a tree permit.
And for me, it's also the credibility matters. On December 9, he told us that his slab was well inside setbacks.
At the hearing, he admitted he only eyeballed it.
He also conceded that he could have built a smaller court for a less cost. These are not cut mistakes.
He's a licensed general contractor who regularly holds permits in Roswell.
He knows the rules and chose not to follow them on his own property.
This makes it a willful put violation.
And
towards what he said, he said that he does interior only. That's not correct. You can look up at his website. There it says outdoor,
and there are even pools and other things shown. So he clearly states he does outdoor projects.
The hardship is self created. Stuff themselves noted the slab would have been legal seven to six feet six to seven feet over.
The UDC code is clear. Variances cannot be self created, must be minimum relief, and cannot confer
special privilege,
and must not injure neighbors.
It does.
For us, the impact
are real.
The slab sheets just feed from our line, elevated with direct view into our kitchen, bedrooms, and pool. It brings noise, damage drainage rates, and loss of privacy into our private life.
And consistency matters too. In July, the board denied a pavilion variance for a five foot encroachment.
Here, the encroachment is much larger,
plus
the pavilion would have to be built,
and it was denied, but this thing is here.
Just because it's already there,
there's not a there's not a reason to approve it. So, basically, we can't defend our setback.
We need you for that.
So for fairness and consistency and for the law, I respectfully ask you to deny this variance. Thank you.
Good evening, mister chair, commissioners. Julie Sellers, 1776,
attorney for the Schneiders.
I think that, you know, I can go through we have have previously stated,
you know, your code has criteria.
The hardship is one. I think, frequently people who want to build a swimming pool and they're constrained by setbacks, so they build a slightly smaller swimming pool.
That is a choice that
all residents in Roswell face. There is no
legal right. There's nothing in the code that says you're entitled to a three point
scale
basketball court.
We do disagree with the staff's finding,
that the
criteria was satisfied.
I'll go through with the brief time left if you want me to use it that
way. Just, you know, as a reminder, you all know what your criteria are, but a literal interpretation would effectively deprive the applicant of rights commonly not enjoyed.
That is not present here. There is not a common right to a three point basketball
slab in your yard.
Granting the requested variance will not confer upon the property of the applicant any special privileges that are denied to others.
Again, the special privilege here would be having a three point sized basketball court that is located in the setback.
That setback is certainly there to provide for separation between neighbors.
The requested variance will be in harmony with the purpose and intent of the UDC and will not be injurious to the neighborhood or the general welfare.
Again, I think this one, and I'm not one to talk about precedent, but I do think that,
this is one where you,
look at the injury to the neighborhood and specifically to adjacent property owners of not having the setback respected,
in violation of the code.
That the special circumstances are not the result of the actions of the applicant, again,
the size of the court
could certainly be smaller,
which would still allow for basketball to be played, but admittedly not at the three point line.
The variance requested is the minimum variance that would make it possible,
for the proposed use of the land building or structure.
Again, it goes back to,
the right to use your property does not necessarily confer
example
that that comes to mind. The pavilion was another example,
that had recently been denied by this board.
A smaller pavilion wouldn't have needed the the setback variance, and that's probably what that owner chose to to do, or maybe they forego the the,
pavilion.
In closing,
as stated in the record and in the materials submitted, we do not believe that the, criteria has been satisfied and would ask for the denial.
Thank you. I do have a question.
Our time has expired, but I I did wanna post something to the applicant. Do you mind, putting up the picture
that is from your property looking at the basketball
hoop? Yeah. Yeah. You can put that on the overhead.
This one. Yeah. That no. This one. You're you're probably
You're probably
Yeah. That's okay. We have a two story house. Yes. Yes. Yes. Yes. It's got a yeah. It drops it drops significantly, my understanding is.
So currently,
the
applicant is proposing a mitigation plan that has some bushes that'll come up to a certain point extending from
the right hand side of the screen towards the left hand side of the screen. Now I don't know if that's gonna cover yeah. If that's gonna how much
appropriate coverage is that's gonna give?
Now looking at the the site plan,
the overhead of the site plan, it does look like if they were to continue planting trees
along that line, continue to go light right to left,
that it would start encroaching on your property line, I think.
If I may,
respond to that. If you look at this
how and you see how close this
property
corner is.
Mhmm. You will see there is no space for any planting. Nothing will survive there.
So this is the other corner. Right? Yeah. This is the this is the other 2,000,000,000. Yeah. This is all the way on the right hand side. I'm talking about on the left hand side where you have exposure from your beautiful
pool.
So
right. Right. So
basically that corner where my finger is because it's, like, if this is the court, the house is here. So it's not this way. It's Mhmm. Offsetting.
Right. It is. Yeah.
Noise doesn't care. It travels.
So it might not travel into our garden, but it travels to the side. It does travel into our garden. I mean, there's still some trees remaining, which means underneath not much will grow.
Mhmm. Would it have grown? We would Yeah. And these these trees are our trees.
Yeah. Mhmm.
And you go by They're on your side. And and when they did the grading, they also removed branches from our trees, which increased our exposure.
Okay.
Can you see a little bit of a white area over here? We didn't clean it out this year because we were you know, since the court started in the winter, we want to make sure we have something which is
shield us. Right. So it's on this side.
Thank you, miss Sellers. I think you're reading my mind. So if you look at the
top
right hand corner of the court itself,
right, they have a row of bushes.
Right. That's the house. Thank you. Like, approximately.
Right.
So there's a it says here that they're proposing to plant six of these clearas,
and it stops right at certain point. It basically stops at the edge of the court. Alright. Now were they to continue planting those cliaras,
it sounds like it would encroach it would start encroaching on your property line. Is that right?
Right. Yes. Now but your fence
is kinda
set behind your property line. Correct. In that, you can walk up to your fence and you would technically be in your property.
Yes. We can walk up to the court and we would still be on our property. Absolutely.
Right. Or they would they would be able to walk up to the fence, and now they would have already been on your property. They they have been on our property. Yes. Okay. Mhmm. So just just stating the fence. They graded, they also took part of our soil, which now kind of
disappears
because it's not
It's protected. It's washed out. Let me get to my question. So Okay. If they were to,
let's say
because we're trying to address all the concerns here. You know? We have a slab here. We're they're trying to enjoy their property. Obviously, you wanna enjoy your property. You have
your right. Now if we were to say that
if they
continue planting those clearas,
would you be okay with them planting those clearas on your property? Because if they let's say we say, hey. You need to continue down that line.
And instead of six, you need to do nine. So you have three additional bushes,
which
reduces the noise,
gives you more coverage,
and hopefully blocks out as much
as you can once they get to a certain height.
Would you be opposed to that? Because I don't wanna put a condition that the applicant cannot
actually fulfill,
or would you rather them not do anything on within your property line. Can I ask you a question? Sure. Go ahead. What do you think what planting will do when there's this a half sized basketball court and he already admitted that there's going to be practice on it, which means a lot?
They had
adult basketball players in their back in their driveway,
and that was still
hearable in our porch very much. So just imagine some plants are up there
that will not,
in my opinion,
reduce the noise. Do you think that?
I don't know. I I don't live there, and I I I don't If you
can't answer my question,
how
can we answer this question? We don't think so. Fair enough. Fair enough. Enough. I I just threw it out there. Thank you. I mean, why don't you have anything to add? My other point is that if we ever wanna sell the property,
you know, we
agree to conditions that maybe a potential buyer doesn't like, and therefore our property value declines significantly,
which, you know, we have never expected to happen. Of having someone else plant
something on your property. In the setback, and this cannot be removed anymore. You know, once I would sell and, you know, we are not 30 anymore. It could happen at some point. So
I'm just thinking prospectively,
what is my property value doing if this increases,
mine decreases,
and I'm happy about it? Clearly not. And it's it's not also that, but what would the potential sale sellers,
buyers say
if his
setback is encroached by over 60%,
which is a lot?
Yeah. Okay. Thank you. It would mean he has lusted. We have, yeah, we have a question from mister Schumacher. Mark Schumacher.
Aren't you missing the forest or the trees here?
I mean not to say that. You You're waiting for that. I'm waiting for that. You
if you were in the back of that room
and I was bouncing a basketball here and I bounced a basketball six feet in front of me, you're gonna hear the basketball. Right? Mhmm. Can we agree on that? You're probably not gonna be able to notice the difference between the sound it's making from here or six feet in front of me.
Agreed?
The question is also about the size of the basketball court.
The bigger it's I asked you a question. The louder it's going to get. I asked you a question.
Do do you think you're gonna be able to hear a propitiable difference between rebouncing the ball here and six feet just in front of this
this desk right here Might be different. From the back of the room?
The the question is about the amount of noise and the
size of the court increases the noise. The playability
allows professional play, and this is always louder than kids play. I don't have a problem with kids play.
K. Everybody does kids play
in their driveways. You have an opportunity
to
to put some parameters,
not you, but the board, on your behalf to put some parameters around the use of
the court.
They could be up until 3AM playing basketball
if they legalize the court,
and they could legally do that. Within the limits of the city. I think there's some rules of, you know, what you can do in your yard. Well, I I don't know if a basket I don't think that's gonna or violate a a noise ordinance. Okay? Bouncing a basketball.
You have an opportunity here to
to
get the remediation,
which because all I'm hearing is it's basketball. It's noisy.
It's gonna be a problem.
When they have a matter of right to go ahead and put that basketball court there, this isn't the decision on, can we put a basketball court or not? It's is it six feet here or is it six feet there?
And it could be six feet over here with some remediation around it to try to help to buffer that noise,
or it could be six feet here, and they can do whatever they want for as long as you live at that house with that basketball court. We are speaking about
They could put lights up that that Oh, the city of Roswell has pretty good,
loss about how lights can be.
I verified
that. Okay. Okay. Any other questions? Like, the forest And and one remark to
before whenever said they contacted us and we never got back. We got back with an email saying, give us an idea what you wanna do and then we can talk. And then they called our lawyer and we thought, like, I don't wanna pay my lawyer for them discussing stuff that could talk to me. We had some I mean, they had church. We had some other things. We were at Eastlake. You know, we also have our plans for the weekend,
so there was, like, a conflict.
We could have talked, but we didn't talk December 24. Why should I agree on any given date immediately?
Okay. Plus We're gonna Plus I think I think our time takes care of that. That we're not true, and I don't expose myself to somebody
who does not tell the truth.
Okay, miss.
Alright. Let's,
load up the time, mister Schumacher, if you don't mind, for the
favor side. You may have a seat. Thank you. Thank you.
And at this time, if there are any people,
other than the applicant, who would like to make a statement in support,
you may approach
the lectern, and please state your name and address if you have any public comments.
K.
Alright. Nothing.
K. Do
we have any questions for staff? Anything we wanna represent?
Anything we wanna throw up on the slide again? Oh, yes. Mister Kowalski recognized.
Yeah. Ian Kowalski. Question to staff. Have there been any further letters of support
or opposition
received in the, since the last meeting?
There haven't been any letters of support,
and the only opposition letter has been from the Schneiders.
K.
Yes. Mister Seager, you're recognized.
This is the one the same line as mister Schumacher was talking about.
I'm not I'm not
sure the
Schneiders understand what what the implications are here.
If the applicant would have built a basketball court
within the guidelines of the setback,
all that activity and all that stuff is still would be going on and we wouldn't be sitting here.
If
now we have the situation the way it is. And there are my understanding there are two options.
We can deny the claim
and if applicant can cut the basketball court down
or we could take it out if you want to, I guess, or we can
approve the applications
with conditions. And the conditions are doing some buffer planting and that kind of stuff around basketball court. Those are about the only options we have.
And I don't think that's a resolution to the for the Snyder's.
I think they'll they'll go away from here saying
we've been tattooed.
So it's almost a no win situation. And quite frankly,
we all would have been better off if the applicant would have
gone by the guidelines of the UDC,
we wouldn't have this problem. And he's
got a business that does that, I guess, every single day. So he should know what the regulations are. And my guess is he probably does.
So but it doesn't help the Snyder's any. We can make them cut it down. They won't put shrubs up or buffers around there, and the noise and stuff will still go on. So
I think that's what
is before us tonight.
And that's pretty much it. And so the board's in a tough situation,
applicants in a tough situation, Snyder's in a tough situation. I guess that's why we get paid the big bucks we do.
That's all I gotta say.
Thank you for that statement. Is this the deliberation part? We, I you know, I did skip,
one part. The applicant has the right to rebut if you'd like to approach.
If you wanna rebut.
Alright. Thanks.
I don't have again, I don't wanna get into the lying thing, but I did pull the rest of the permits and everything. And I understand your point too,
with my background and stuff like that. I did have a concrete
person come in and relied on him heavier than I should have. So I'm making up for it.
Personally, I don't know. Pulling the mic? And I don't build yeah. Sorry. I don't I don't build pools.
I've not. So I don't wanna get back and take steps back clarifying all all this stuff. That but,
all I do is I do like my neighborhood. I like our community. I want it to look good. I don't want my neighbor to the left of me being pissed off either. We've got another letter of support from him who's all for it and a couple other people. So,
I'm trying to make this look as good as possible and maybe save them from themselves down the road, as well by putting money into it,
and, you know, making the backyard
I mean, I'm actually concerned of their view into my backyard now that I'm seeing in their pool setback. I don't wanna get into this, but, I mean,
that that is,
concerning now that their direct view into my backyard and their corners and my my kids coming up there. I'm I'm the one who's got the nine and the 12 year old kids,
playing up there, and they can literally go on the other side of their fence and and sit there. So I'm letting that all wash out because I never see them enjoying actually, they never back there. They're pretty quiet enjoying that pool, but they have the same
noise and everything that, you know, as would infect me as well. So I'm trying to make a tough situation as good as possible. I honestly think they're gonna be very happy with this. If I need to put in another bush down the line and pull it in a little bit, I'm more than willing to, do it.
I paid professionals to do this plan to make it look as good as possible.
And, again, I do think, they're gonna be happy and satisfied, and I do also think my third neighbor will be as well. And I guarantee it's gonna look a lot better than when that when there's a whatever's cut back there and it is spriggy whatever going on,
back there. So I am interested in
a happy medium on this and
that that's all I wanted to say and I appreciate you guys laying this out for us. So I
Can staff put up the recommendation
page? I didn't see that in the online packet,
and,
I don't know if I can find it here.
On the first page?
Oh, really? Of the staff report. Oh, thank you. Thank you. Yeah. It's up to you. Perfect.
Yes. Mister Kowalski recognized.
Ian Kowalski,
to staff.
On the second bullet point there,
is there anything in the, ordinances
as to
when one can go out and play basketball, make some level of noise, the 7AM to to 10PM? Is that a restriction? Or
is there anything in, we know Roswell code about,
noise at night or in the morning?
Yeah. I think Jeanie is looking it up, but I believe the restriction is until 11PM.
I don't not sure when it starts. It might be seven.
Yes. Mister Seager, you're recognized.
Just for a little clarification,
on these
if we utilize these conditions,
can we amend them slightly?
Oh, of course. Yeah. Yeah. These are recommendations. Yeah. No. And and mister Kowalski brought up
the timeline from seven to 10PM, which is kind of long.
10PM is a little light. So if we're looking at this, we could plug in there seven to 9PM or something like that.
Also,
if we
went along with the conditions,
I would add to I would think we might want
to add that
the three
Chindos
and the Clouira
were in five gallon buckets. So the trees are a little larger,
a little bit more mature than what you could get at Pikes or someplace like that. So just suggestions on, you know, if we move forward with this type of
approval or conditions.
Okay. Yeah. We can we can talk through that.
So,
are you
making a motion, mister Seager, or is that a comment? Yeah.
Okay. Alright. Okay.
Alright. We're gonna
close it for public comment then. And
I think one thing that
just one,
that I had a question
actually
related to the nor noise ordinance. I don't think I agree with miss Schumacher. I don't think that would trigger a basketball bouncing,
would trigger that. Those are usually
pretty,
but but we need to confirm if the noise ordinance
because,
apparently, according to AI, it is 70 to 80 decibel of a basketball bouncing, and I don't know when our noise ordinance is triggered. So in, it's our code of ordinances and not our UDC section eight point eight point three.
Mhmm. Establishes
the noise noise ordinance
from 7AM
to 11PM
at 70
b a.
Okay. So they
basically that 11PM
is used as the general cutoff according to the code. So the 10PM would be
a reduction of that.
Okay. And then it's a lower decibel level between 11PM and 7AM.
Okay. And if there's a complaint, the police do come out and
verify sound levels.
Yeah.
Yeah. It's closed. Yep. Mister Kowalski.
Ian Kowalski.
Yeah. I think, mister Seeger pointed out pretty clearly that it's a, a dilemma we have here. Everybody sitting here.
Here. Let me
think of it this way. What if
we were going back
and prior to any concrete being poured,
a variance request was put in. In fact, this exact variance request was put in prior to any pouring of concrete.
How would the meeting have gone?
And
I'm just kinda thinking what I would have done. I would have been asking questions along the lines of,
is there any way to
move the court, put in retaining walls slightly closer or slightly farther into the property
to enabling the full size court to be put in that is there now, but not
going through any setbacks.
Maybe make the assumption that no, that wasn't possible because that's
the way the slab was poured and I'm sure a lot of thought went into that.
We then would
have asked, well,
if you cut back on the size of the court, so no variance is required,
are there other things that one can do such as you put a little gravel in or you put something like that that's nonpermanent, I believe, and I'm going to ask staff that one.
If there was gravel along the edge, it's not a permanent structure. It's not a slab of concrete. I believe that's
so that would have been legitimate. We would have asked questions like that.
And I'm guessing we would have, very possibly without granting a variance
might have I'm not sure what would have happened, but just putting out
those thoughts out. And that's the way we would have approached it if we had had the variance prior to concrete being poured.
Is this a in my day, we used to play basketball on Gravel
Story or no?
No. It's a how can you it's a how can you make a three point shot? How can you explore possibilities
that might allow
a court to happen
and yet not need a variance to a setback?
That's Yeah. That's my thinking out loud.
Yes. Mister Huey. Yeah. This is Rob Huey. Along with what Ian was saying, I mean, you know, let's assume for a minute.
I will not butcher your last name. I can't even,
can or no. I won't, Josh. Assuming that you guys did not have ill intent on doing this and you were going, you know, along the lines, that's kind of where I landed. What would we have said
if you had brought this for a variance and had an opportunity? Because I I understand there's there's some bad blood here. I get it.
It's unfortunate.
You know, both seem like super nice people, but that's where I keep coming back to is if we had been presented this before it had been built,
would we have granted the variance or not?
And that that's where my head's at right now as well. So
Any other comments, concerns?
I'm sure lots
of
concerns.
Okay.
Anyone want to make a motion?
Yes, mister Hanna.
John Hanna.
You know, listening to everybody this evening and and the way that this has kind of been winding down,
my biggest concern when I went through the,
requirements
is under d,
the sports court being built without an application for,
receiving a variance and land,
disturbance
permit.
Whether it's the the fault of
the cement person
or,
the fault of the applicant.
I have a hard time coming back and having somebody request a variance
where they didn't come the first time and ask the variance for the
right to build what they're looking to build.
With that said, I make a motion that we deny the applicant's,
request for a variance.
Here we have a second from mister Schumacher.
Yes. The motion is to deny. Right. Yeah.
All
two I think we have two variances.
Two requests for variances. This the side and the rear.
And yeah. Yeah. Your motion is to deny both of them. Alright. And we have a second from mister
Schumacher.
Any
yeah. Any comments? I mean I mean, I agree.
It's
I think
the opposition really isn't looking at the big picture, and I think you're gonna regret the fact that
if this doesn't get denied, then it gets denied.
But
looking at the the criteria for hardship, I just don't see a hardship and and certainly the point of where this has been granted absent there already being a sports court there.
I think we probably would have denied it.
And for those reasons, I second and support denying it.
K. Any other comments,
mister Kowalski?
No. It's just more of the,
you win if you lose and you lose if you win.
I I've no I have no further thoughts.
K.
Alright. Shall we take a vote? Or mister Seager, you're you're good? You can second. Right? Yes. It's already been seconded. Alright.
So
everyone in favor of denial, please raise your hand.
Right. Well
and,
everyone
opposing denial?
K.
The motion,
is approved. That means the two variances decide and the rare setback variances have been a request for variances have been denied.
Thank you for your time.
Twice.
Right. We can move on to the second
item on the agenda, which is
Sorry.
William.
William Rowe.
Okay.
Alright.
Second item for tonight is BZA 20252958.
94089410
Willow Road.
Variance to allow on-site parking between the building and the street
and,
variance to increase the maximum parking requirement.
The code requirement,
UDC six three eight general Building number four, activation letter g on-site parking
for office park.
No parking between the building and the street.
Second,
code requirement, UDC ten one five, vehicle parking maximums, all medical uses,
surface parking spaces cannot exceed a 133
of the required minimum vehicle parking.
The variance requests. The applicant is seeking relief from the UDC
six three eight four gs to allow parking between the building and the street.
And the applicant is seeking relief from UDC ten one five to increase the required maximum parking of a 133%
of the required minimum parking,
which would be 12 spaces for the property, from the existing,
a 167%,
20 spaces,
to 267%,
32 parking spaces.
Here is the proposed site plan.
The proposed parking lot extension is the bottom
parking lot.
Here's an aerial image.
Zoning map.
You can see the property to the,
guess left if you're looking from the street
is,
conservation
area.
To the right, neighborhood mixed use, and behind is,
office park.
Some background.
This is the property is owned office park. It's a 39,600
square foot or point nine one acres.
There's an existing
3,400
square foot commercial building
and an approximate existing 6,751
square foot parking lot.
That parking lot has 20 spaces with two handicap dedicated spaces.
The building was originally a two suite building,
a dental office, and a chiropractor.
The timeline. In 2019,
the property was subdivided
into 9408
And 9410 Willow Road.
In 2024,
the two properties were recombined into a single lot.
March 2025, the dental office expanded, combining the two suites into a single suite.
And then July 2025, the applicant apply applied for two variances.
Some staff's considerations,
to allow parking between the building and the street.
There is an existing parking lot that is located between the building and the street.
The applicant the the adjacent properties both have existing parking lots located between the building and the street.
The variance request supports the goals of the comprehensive plan by preserving and maintaining the character of the area.
The owner did not anticipate the rapid expansion
of their business due to the success of their business, which has prompted the need for more parking
than the existing parking lot had at the time she established the dental practice.
Parking lots are allowed within the OP Zoning District by right.
Staff considerations for the request to increase the maximum allowed parking.
This property has a standalone business and is limited and is limited to the number of parking spaces that can be located on the property.
If the business was located within a shopping center, such as the one adjacent to the property, you would have access to a larger shared parking lot, and this variance request would not be necessary.
Due to the size of the lot and the fact that there's only one tenant, the property owner, the, which is the property owner, the business has less parking flexibility compared to a larger multi tenant property.
The business on this lot is a stand alone business, and does not have the luxury of having enough parking spaces to keep up with customer demand without receiving a variance.
This variance request is consistent with the neighborhood residential character area as it will preserve the existing scale and character of the surrounding community per the comprehensive plan.
And compared to what could be done on the property,
such as a building, building addition or a new larger structure, the expanding parking lot would be a less intense use.
Here is a picture of the front of the property. To the left is,
the grassy areas where that new parking lot will be.
To the right is the existing building.
Here's a view of the, current entrance.
That is Willow Exchange Road. It's a private road,
and their entrance, as you can see
well, they'll get to it. But so yeah. So this is a closer view of the, vacant,
area next to the property
or next to the building. Here's another view.
Here it is. Yeah. So here's the entrance off of Willio Exchange.
Here's a, concept
of the, proposed parking lot.
It will be connected with the,
existing parking lot by a,
a path, a little, concrete sidewalk.
Birds eye view.
Staff recommendation. Staff recommends approval of both variance requests with one condition,
that the final site plan adheres to trans to, transportation requirements.
And letters from the public. Staff has received 14 letters in support for this case from the owner's patients.
Questions?
Any questions for staff?
Yes, mister Seager. You recognize?
Does the applicant need to variance,
because
for the parking lot in front of the building because they're gonna do some work on that
parking lot?
It's just because they're adding to the parking lot. The the code doesn't require it's a nonconforming
lot. Okay. So because it's a nonconforming lot, since you're adding more parking lot, you can't increase the nonconformity, so you have to have a variance. Right.
Yes. Yeah. Rob
Huey.
What is the intent behind
no parking lot between the street and the building? That that's I understand the characteristics that exist in this area. They are like that. They've been like that. But why
if this were a brand new build, in other words, this you would have an entrance and the parking would be behind the building?
Yeah. I think and Jeanne, you can back me up. I think the intent
is, you know, you they they wanna create more of a small town feel where the shops are right at the, you know, the sidewalk or the road and the parking lot's in the back where you can't really see it. Got it. Okay. Thank
you.
K. Anything else? Alright.
Thank you.
Would the applicant like to make a presentation?
I'm the engineer,
Marilyn Morris, so I'm the official applicant.
Nalini Kattari is the dentist,
who owns the property,
and we've spoken. She has a presentation, I think, that will help you to understand
more what the character of her dental practice is, which is not
it it's not a typical one. She has a lot of specialized
patients that,
end up having more,
vehicles at any one time.
So
and do her presentation first, and then if you have questions for me,
technical
matter or nature, I'm happy to come back. Yes.
Were you able to hear what I said? Yeah. We got you. Thank you. Okay.
It's just for the recording.
Everything is recorded. So Okay.
Code working.
Already just like the air gap.
I'm aging. You knock your teeth down,
Like to take a break, maybe give Okay. Alright. We need some time to work this out. Yeah. Sure. No problem. We'll give a five minute break.
So we'll be back at 08:20PM.
Well done.
Finally.
100 crew. Thank you all for being patient.
Thank you, Leo.
Yes. Of course.
Thank you, Richard, for presenting us, and thank you, both, for hearing us. And I wanna take a moment and thank all my patients for being here for me and supporting me through this.
My name is doctor Nalini Kataria,
owner of Mediator at Roswell Dental Care, and I'm here to present my clinical hardship
in regards to extension of this parking lot. Anything technical, I'm gonna hand over to my engineer, Marilyn Moore.
So I'm a general dentist with special focus on serving seniors and aging population,
but this is not what I just do.
I would like to share about Dentists for Seniors.
It's a dedicated business entity I founded to expand senior care beyond the walls of my practice.
Through Dentists for Seniors, I've partnered with Senior Smiles,
Second Wind Dreams, and local nursing homes.
Each of these collaborations have a story and I'd like to share them. I'm a storyteller, but I promise I'll keep it short and sweet.
My first story is senior smiles.
Back in 2021,
state of Georgia allowed
hygienists to be able to practice without having to be under direct supervision of a dentist.
At the time, my hygienist, Karen, and I partnered together.
She founded Senior Smiles and I founded Dentists for Seniors, and together we launched a mobile dental clinic.
Karen would drive into nursing homes, set up a full mobile clinic.
Patients in nursing homes who had not had their teeth cleaned in years
were finally able to get essential dental care.
When Karen retired,
Precious took over for her, and today Precious and her team are serving over 20 plus communities.
Everything is packed into a van,
brought into the nursing home, and set up in a dedicated room where patients are seen for the day.
I would like to invite Karen and Precious who are here to share their experience.
They can speak to the direct impact this has made.
I was just trying
to help understand. Okay. I can keep moving along.
Mhmm.
I wanna share about, my work with Second Wind Dreams. PK is here to talk but we'll keep moving along.
PK and I together developed virtual dementia tour for dentists
and PK is actually the founder of Second Wind Dreams
and she's created virtual dementia tour for Alzheimer's and
dementia patients to experience what it is to have actually have Alzheimer's
or dementia.
Both of these entities actually drive patients
who are
in wheelchairs that come into you know vans and buses they have
caregivers and legal guardian so one patient occupying like four to six spaces.
That's just an example of what dementia tour looks like
and then moving along my last involvement is with the local nursing homes and this is both professionally
and personally
And just within tenth of a mile, I have, like, two nursing homes that I go to and talk to nurses, caregivers,
and patients to how best to care for
themselves.
This work has been very gratifying but it also has gone beyond just profession.
On Mother's Day me and my family, we made flower bouquets and we took it to the nursing homes for
mothers whose children probably don't visit or call them even anymore.
Yes. What that means is this right here.
Every patient that comes in is occupying like four to six different parking spaces and these appointments are long.
Okay. Would you like to speak? Yes.
So I created the dental virtual dementia tour. Her practice is the only practice
that we have in Fulton County that serves people with dementia.
Now that's inexcusable.
She needs to have this space for people with So imagine for a moment, if you will, that your teeth haven't been brushed in a year and a half,
and the goop and the gunk that's in there. People with dementia don't remember to brush their teeth.
So they have to have services that they can receive
that will help their heart
and help their general well-being.
I also serve on the dementia friendly board here in Fulton County,
and
doctor Kaye is the only person that we can send people to who we know will receive the dental care.
And again, they take up space and they take up time.
Thank you, PK.
The point I'm trying to make is through professional personal involvement.
My the lion's share of my patient population is elderly and aging
that require longer appointment times and this is not just an economic growth, this is a true community service as well.
I did recently start working with GDA to
recreate this program in different parts of Georgia,
Just wanted to share that. This is the proposed parking
and wanna make sure that whatever the
conditions set forth by the city are we would meet that.
Some befores and afters.
Again, I'm respectfully requesting approval of both appearances so we can continue
to serve our seniors with dignity and respect.
Dan Seager, sounds like you got a great practice going there and Thank you. Congratulations for the success.
So the the new parking spaces the new parking lot
won't have direct access to your clinic.
They'll have to park and then walk over.
Why did you not include just being able to drop people off at your front door and then drive into the parking lot and drive and park without having to get back out on Willio, go down the block and
We had
the 150
meter,
where the fire truck should be able to make a loop.
That's why we had to make them separate.
And most patients who are coming in when in the vans
will probably have them in the main parking.
Okay.
Mister Kowalski, you recognize him? Yeah. Ian Kowalski.
I noticed there are two doors going into the building there.
Do you own both doors, one door? Both the doors. I own both the doors and the entire building.
And right now you're operating out of both sides or one side? Or Right now I'm operating on one side. And earlier this year, I got the permit from the city to build into the other side so that building is under construction as we speak.
And will that increase the numb the traffic?
Yes. In fact, our proposed capacity is going from
the occupancy rate from 11 to 54.
Sorry. What's that? 11 to 54? The proposed occupancy is going from 11 to 54.
Oh, people and People. Same time. Okay.
I don't think your guys' microphone Yeah. I think it died here. Oh. Yours is working. I'll just speak loudly. No. No. You I think yours is working. Okay. Alright.
Ours. You have the mute button on. No.
Hello?
Skype. They're working. I can hear you all. Yeah.
We can talk louder.
You hear it a
little
now. Oh, I think it's just low.
Okay.
Anyone
else have question?
Yeah. Mister Schumacher has question. Mark Schumacher. So I guess I'm just having trouble understanding
what the exact issue is, the limitation. I mean, I understand that you have vans that are bringing patients, but
you can't get more patients till you finish with those patients. Right? So when they leave in the van after they're done and then the new van could come in and
it's because we are doubling the capacity. As of now, we have five treatment rooms.
Now we are adding five more.
Okay.
Mhmm. And
and you've
have you had issues where you haven't had enough parking
in the lot?
Because you have 20 yeah. I mean, because you have 20 spots.
By right, you only have 12.
Yeah. We have about eight to 10 employees.
Yeah. Okay.
Yes. Mister Hanna, you recognized
John Hanna.
I drive by your location every morning on my way to the office,
and I've seen your parking lot in in action. And it is,
filled almost all the time that I go by.
You have currently have seven or eight, associates that are taking those 20 parking spaces?
I have about
eight to 10 employees
and five patients
in chair at any given time and five coming in. Okay. And then when you double your space, are you doubling your employee base as well? I might not have to completely double, but I think I can get by with adding about four or five more.
One last question. Sure. In
the location right now, you have a nice construction dumpster there. And right next to it, you have a bullpen for your trash container. Yes. Where is that gonna end up because it's not on your proposed plan?
We're gonna have metal announced to that. That's great. Thank you.
On on the proposed plan,
the dumpster stays where it is.
The two lots will be connected with a walkway.
So the second lot, it's within 90 feet of the,
door the front door. So
per employees
mainly will be using that second lot.
Yeah.
Pull that up, that'd be helpful.
Originally, Delaney really wanted
18 spots. And it's like there there's a lot of problems with trying to do that.
And we paired it down.
Yeah. Yeah. Can you just show the birds out? Yeah.
The Of the rendering. Scan. Yeah.
So it's at the end. You did? From the rendering.
Yeah. Okay. Okay. So where it's showing that hedge, that's where the bullpen is gonna be for the trash?
Where It's it's a Where the trash
trash is now is where it's gonna stay. That's our proposal.
And then on the
side closest to the building,
there would be the walkway that you can see four bushes. I wish I could. Yeah. We can see it, I think. Yeah. Yeah. See the walkway. So is is the trash
in between that one bush at the upper right and then the continuation of the hedge in that gray spot?
Because I would imagine it would have to be in the parking lot for the,
sanitation company to pick it up. There. That he's he's circling that
right there. That's the that's
the dumpster.
Thank you. The existing dumpster.
And then
we're proposing between the two lots
to put the,
water infiltration trench
They handle the stormwater. I guess I'll go into some of the,
you know, technical details.
Part of the issue with this
second tract, third tract a and tract b,
is
there is
a Georgia power easement that takes up
most
of the flat area of that tract,
which means
and there's a hill on that left side and it continues around to the back. And as you can see, there's
well, the hill doesn't actually have that many
trees on it, but the hill in the back does has has a tremendous number.
So
we're we're trying to not
have to go up the hill, not expand. We can't expand into the,
Georgia Power Easement.
If I expand into it, then I'm cutting into the hillside. I'd need a retaining wall. They won't allow
any kind of structure,
to do any expansion
to the rear.
There's a old
road bed, and it go it goes up about 25 feet. I think they're
either a market or a senior's home above there.
So we'd be taking out,
a ton of trees. You know, there's, like, 30 trees. To do anything like that,
it it would be
we we'd rather not make that kind of environmental
impact at all.
Right now, the way
we got it set up,
it
we would remove
two trees. I think they're both pines. They're kind of gnarly.
They are.
Frankly.
So water is gonna be running
from the rear
hill down towards the front,
from the Georgia power lines
on the left down towards the front. And that's what I mean, that's what it does now.
Water comes out off of her parking lot, and frankly grandfathered in, you know, I'll just let you know, it goes into this little tiny
basin and then spills over into the street and sidewalk. It it's not ugly or it is ugly.
So to, you
know, one of the things that was suggested
was
to just make a drive through,
you know, because for fire trucks, I either have to
have a turnaround.
There's no space for a turnaround.
One more time, I'd be getting into the hillside
of Georgia Power, so I can't put in any,
retaining wall,
Or
but we need we need the two
the two driveways regardless.
If I connect
if I connected through
and put the stormwater infiltration trench because what I'm wanting to do is,
street and sidewalk because it's grandfathered in. You know, we don't do that anymore.
Get it into that that infiltration
trench
and the water, of course, coming off of the parking lot.
So I have to have some room,
you know, to do that kind of stormwater drainage.
And we've worked very hard.
And, yes,
her her parking lot already exceeds the maximum, and we're asking for another 12 spaces. But I think the extraordinary
circumstances
of having, you know, big van come in, plus the caretaker,
plus the family member,
you know, and more coming through
would,
in my mind, it warrants the
extra
consideration.
Yeah.
Because,
honestly,
this lot that's there,
it is an ugly eyesore. And I don't know when you took that picture, Richard, because it looks green.
Most of the time, it's
brown,
dusty,
ugly,
nasty.
You can't build on it. There can never be a structure put on it because
it's zone two,
which means it's a 50 foot setback.
Well, now you've
now you're almost to the back of the lot just for this you can't
Roswell owns the land to the left, so nothing's gonna be built there. There's big huge Georgia power towers.
So
it's a dead lot.
There's nothing that can be done with it really
other than
maybe have a picnic table out there or
a you know, we're trying to,
utilize it in a
reasonable reasonable way. And she can decorate it, you know, landscape it. That works.
Thank you. That's helpful.
Mister Schumacher?
Explain to me the reason again for
mic looks like it's working now.
The reason again for the walkway between the parking areas instead of just one contiguous parking area.
If I have there's two reasons.
If it's a continuous,
drive through there,
I've
I've mapped out how many spaces I can get in there.
And
we're we're trying to do 12.
I can I can put this on?
If if it comes through here,
that's basically
how it'd be.
I can I can put all these spaces here,
maybe have one here?
We got a gas line coming through here. We've got all sorts of electric lines. I would have to take the existing dumpster and maybe put it, like, right
here. This is this is the proposed infiltration
trench.
Where is that this right now, I've got it proposed to be right here, you know, with with the other
spaces coming up along like that. Does that make sense? Makes sense.
So I have to talk to stormwater, but you're supposed to keep
the stormwater,
you know,
normally, they don't let you put it, like, right there at the front.
And moving it
up here where there's a little bit of room
I don't know. As an engineer, moving
the
stormwater trench uphill
to drain it
down here
and then back up here just
doesn't I I can't wrap my mind around it. We can do it. We are engineers. We can do about anything. However,
it doesn't make a lot of sense.
So
this this is one of the things that we will have to talk to transportation
about because they do like to have
the lots abutting.
But
we're gonna we're gonna lose some space
lose some spaces, which are,
really at a premium
for
Yeah. Miss Kataria.
Yeah. I I guess my issue is that with the current design, it looks like you're really just putting a
a parking lot
on a lot.
It's not really doesn't really look contiguous
as not contiguous with the current lot for the building.
Well, it is just putting a parking lot there Well, I know. With a with a walkway.
So
Well,
we
we we're gonna have to have a second entrance regardless
because of the fire truck,
issue
or a hunt more than a 150
feet once we get to here.
So
fire truck wise, they come in here. They're gonna have to drive around
and either have a really big turnaround,
which these lines here
are the topography lines. I don't know how
the million you are not.
And
this line here all through here. I'm trying to make a
that's all the Georgia power easement right through there. So I can't
make a big turnaround for a fire truck
without putting in retaining wall, cutting all this, and putting retaining wall. Well, I can't do it because the easement starts here
and goes this way.
So there there's a lot of
constraints,
if you will.
It would certainly be easier if I could just you know, and fire so fire truck wise,
to do make them contiguous,
we have to have a turnaround.
Okay. That makes sense. Does that make sense?
Yeah. Yeah. So I'm trying to avoid
losing extra spots,
you know, taking up more room,
you you know, when I can just put a and and in doing this infiltration trench, you know,
back uphill
when I can just use a sidewalk.
Yep. Makes sense. Any other questions for the applicant
before we open for public comment?
Alright. Thank you, applicant. Thank you.
Alright. We're gonna set up two minutes on the clock.
Please,
keep your comments
pertinent to the application.
If you don't mind.
Hello?
Hi. How are you? Please state your name and address if you don't mind. Sure. My name is Karen Witkowski,
and
I live in Roswell.
You want my whole address? Just the street address. Okay. Cardiff Court Okay. And East Copper. Okay.
I just wanted to say when I think
mister Schumacher made a comment, like, how do you do that many chairs at once? It's not just her just doctor Kaye working. She's got dental hygienists that have their own rooms, and she also has another dentist, an associate, younger guy working there. So that's,
hence, the where you're getting that many people in the office at the same time. Does that help?
Hi. My name is Precious. Thank you for having me.
I just want to say that I am,
the owner of Senior Smiles and a lot of the residents that I see,
at the nursing homes and assisted, living communities, they have to have restorative work. And so once they are transported to doctor k's office,
they need the extra space to be able
to to have a van,
van accessible,
parking spaces so that they can have,
the room to get in and out and for the family members to to come and be there to support.
Thank you.
Anyone else would like to make comment?
Hi. I'm Cindy Krueger,
resident of Roswell.
Best for a street name?
That's okay. Okay.
I wanna first make it known that my father was a dentist,
and I have had congenital challenges in terms of the dental arena, orthodontic arena, endodontic arena since birth.
And I know what
specialized care can look like and should look like.
And after many years after my father was deceased, I have finally found it.
Other people deserve the opportunity
to have access to it as well and not be challenged or limited by parking issues.
Other comments?
Okay.
Alright. We will close it for public comments.
I did have a question for the applicant if you don't mind approaching the lectern.
So
what would what would you do if we deny this request?
What would be your next action?
I would try again
until it's approved.
You had a question?
Oh, good. There there's
in order to
qualify for more spaces, she's stuck with this little building.
Okay. So it's the size of the building
that is
the size of the building is determining
how many spaces she can have
rather
than the actual
clientele
and and service she's offering.
So
she's already expanding into the second side, which was taken up by a chiropractor before,
you know, who
had, like, one treatment room.
The alternative
is to start building up.
And
now it's a two story building, and we have no problem with qualifying for
more spaces.
But the cost to build a second story and Yeah. To get that approved, you know, now now it's not the same thing. Right. Is it what Well, you're gonna have more work as the engineer, so you can you can meet. And the way the practice is going, you know, maybe you'll be back here in two years.
Alright. Any other questions for the applicant before I let her sit down?
Okay. Thank you. Appreciate your presentation.
Alright.
We will close the meeting now. We'll close it for public comments.
And
any comments?
Any questions for staff?
Yes, mister Kowalski. You're recognized. Mister Kowalski, I'll make a motion. I move Sure. You can make a motion. I
move to
approve the variance.
And we have a second for mister Hanna.
There were
okay. Approve the variance outright. No conditions or anything.
Okay.
We would recommend that you approve with the condition
about the transportation
comment. There are still some things that need
transpire between that. So
while it's code,
it's an acknowledgment that the site plan Thank you for correcting me. I would like to revise my motion.
I move that we approve the variance with the stack
recommendation, the final site plan and tiered transportation requirements.
Okay. And mister Hanna
recognizes the amended
motion.
Alright. Any
comments,
statements,
concerns?
Maybe
maybe
maybe not concerns, but okay.
Alright. We'll take a vote then. All in favor of approving with conditions?
Okay.
And all opposed?
All right. Mr. Schumacher,
the motion has been approved. So the
variance has been granted
with the condition.
Thank you. You have great patience showed
up.
Alright. And our final
agenda item
is the approval of the BZA minutes from the
August 12
meeting.
Do we have and mister Seager was
okay. You were inaudible, but you've made the motion to approve
the, BZA minutes from last time. And we have a second from mister Huey. All in favor.
Alright. And unanimously approved. And if there's no objections, we will adjourn the meeting.
I see no objections.