City of Brookhaven
Georgia

Agenda Item
3076

ZBA18-09: Nanette & Alan Vaughn - to Appeal the Director's February 16, 2018 Determination Related to 3106 Lanier Drive - 3106 Lanier Drive

Information

Department:Community DevelopmentSponsors:
Category:Variance

Meeting History

Apr 18, 2018 7:00 PM  Zoning Board of Appeals Regular Meeting

Staff recommends to uphold the Director's February 16, 2018 determination.

Chris Balch, City Attorney, summarized the building permit was issued for the subject property on October 12, 2017, and the appellants did not challenge the decision until February 16, 2018. According to city code, the appeal of the determination should have been filed by October 27, 2017 in order to be heard by the Zoning Board of Appeals (ZBA). It was also noted that in order to challenge the decision of the Building Official, an appeal should have been filed by November 11, 2017 in order to be heard by the Construction Board of Appeals (CBA). It was summarized that because an appeal was not filed until February 16, 2018, it was considered untimely and fell outside the purview of review for both the ZBA and the CBA.

Brian Daughdrill, speaking on behalf of the appellants, noted the frontage of the home on the subject property was not consistent with other developments in the area, and did not adhere to city code. It was also noted that the ZBA was the appropriate board to hear the appeal because the city accepted the application and applied payment for the variance process. Mr. Daughdrill reviewed the case and noted the city had failed to respond to open records requests in a timely manner, and insufficient information was given to the appellants to address concerns raised about the location of the home on the subject property.

Kyle Williams, speaking on behalf of the builder and the property owner for 3106 Lanier Drive, reviewed the case and summarized he agreed with the city attorney's position.

There were no comment cards in support or opposition, and board discussion opened and closed.

Mr. Nama motioned to deny ZBA18-09, and Mr. Self seconded. The vote was unanimously approved.

RESULT:DENIED [UNANIMOUS]
MOVER:Tim Nama
SECONDER:Corey Self
AYES:Tim Nama, Caitlin Miller, Gillian O'Nan, Corey Self, Hope Bawcom, JD Clockadale