November 10, 2003 MLPA Board Meeting Minutes (draft)

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MLPA Board and Committee members present: Norman McKay, Dianne Olansky, Charlotte Gillis, Martha Porter Hall, Susan Drake, Alan Perry, Mike Carew, Joe Giardina, Tad Christian, Kerry Brown, Kathy Payne, Bill Ellis, Van Hall, Trav Carter, John Schwartz.

President McKay called the meeting to order at @ 7:35 pm. 

Announcements: Aaron Gross passed away on Saturday and graveside services were held earlier today. Motion made to donate $500 from Parks budget to Trees Atlanta in honor of Aaron Gross.  Passed.

Tour of Homes numbers coming in next month.  Congratulations to Tour cochairs (who were given the night off).  Dianne Olansky running for chair of NPU-F.

Next order of business was the approval of minutes for the October meeting.  Additional copies of minutes available to Board.  Motion made for approval, seconded and passed.

Senator Sam Zamarippa recognized.  Commented on admiration he had for Aaron Gross.  Regrets position of State on City's need for help with sewer rate increases.  Sees his role as helping Mayor find funding.  Question from resident regarding lack of state funding for MARTA (only major public transportation system in country not having any state funding).  This will not change in near future, according to the senator.

Committee reports:

Security/Public Safety: Mike Carew reported.  October crime stats: 7 reported car breakins, 4 burglaries, 3 grand theft auto and 1 other crime.  Seasonal increase in burglaries and continued problems with car breakins.  Red flat-bed tow truck seen at night picking up cars, claiming "repo" status.  If you see such a truck, call 911.  (Truck has number "5" on it without a company name).  Public Safety pages on MLPA website redesigned.  Terry Kearns thanked for help as well as Dianne Olansky and Mike's wife, Donna Laux.  Tad and Dianne thanked for help with security alerts from surrounding neighborhoods.  Community Lost and Found new service as part of redesigned website.  Peak times for car breakins seems to be late at night.  Don't be surprised if Security Patrol officers and/or APD officers stop you if you're out late at night.  President commented on efforts by Mike and his need for additional help on his committee.

Membership: no report.

Newsletter: Martha Hall reported.  1000 extra copies of Tour of Homes newsletter available during Tour.  Total bill $3652.90 moved for approval, seconded and passed.

Parks: Charlotte Gillis reported.  Lighting installed at Sunken Garden Park.  Efforts to combat erosion coming soon.  Hagood Church will be implementing a parking lot plan with trees.  Parks Committee will help Church pay for trees.  WUFG will be holding a "privet pull" this Saturday
from 9-11.  On the subject of easements, the owners of the Moody Bible parcel near WUF are willing to talk to the City about an access easement. But the owners of the 2 Beers parcels are not interested.  Jefferson Pilot is interested in the subject but their parcel is landlocked and hard to see
how to get to it.

Charlotte explored issue with Zoning Committee on how "tree issues" are dealt with in zoning process.  Issue arose as a result of Va-Highlands situation where misleading information given by applicant with respect to lack of tree involvement.  Zoning co-chair Tad Christian confirmed that he walked the properties coming in for variances. No tree survey is done.  For applicant to get building permit, he/she must see City Arborist.  But applicants don¹t always put tree locations on application.

Zoning committee meets first Tuesday of every month.  Results emailed to Board before meeting.

Charlotte reported on great meeting with her cochair Karen Schaefer and Cathy Woolard about potential administrative changes at City and movement of Arborist positions.  Julien Bene recognized for his efforts. Problems with Morningside experiencing greater tree loss than any other area in City.

Beautification:  Kerry Brown reported.  New sponsor obtained for open greenspace area.  Committee trying to be more specific with respect to expectations for sponsors.  Budget for regular summer mowing and winter cleanups around 1500.  Sunken Garden Park not included in this plan ­ City should be doing that.

Schools:  Joe Giardina reported.  Next CINS meeting is 11/19 at noon for lunch at Centennial Place elementary school on the APS budget process.  Grady student won State cross-country; school itself finished 4th in both girls and boys.  Grady also with great percentage of students becoming Hope scholars.

Tour of Homes:  report postponed until next month.

Traffic:  Bill Ellis reported.  Thanks to Anne Fauver, we finally received City's response to Traffic Calming plan.  Now need to address comments.  No October enforcement stats yet.  Bill and Dianne Olansky had good MARTA meeting on 11/6.  Trying to help MARTA to serve neighborhood other than by providing rides either downtown or for those who have no other choice.  Meeting later in the month (11/24) with Sam Zamarippa and Tom Weyandt of Atlanta Regional Commission about ways to obtain funding for implementation of Traffic Calming Study.

North MLPA/Sidewalks:  Kathy Payne reported.  Sidewalk repair slow, only one in last 30 days.

NPU Rep:  both present, no report except for upcoming elections.

Treasurer:  no oral report but written report available.  Board urged to reserve 1/11/04 Budget meeting, 2-4, at McKay residence.

Zoning:  Tad Christian reported.  David Garr recognized (although not present) and thanked for attendance at BZA hearing last Friday afternoon.  But for his presentation of MLPA¹s position, one or more of applicants whose applications were rejected at last month¹s MLPA meeting might have received variances, including one who misrepresented MLPA vote.  Importance of integrity of zoning applicants.

Reminder to report graffiti on hot line: 404 330-6190. Owner must then fix problem or reimburse when City does it.

Application V-03-208: 1112 Zimmer Drive. Applicant seeks a variance to reduce west side yard setback from 7 feet to 2.5 feet to allow for addition to single family house.  Neighbors have given signatures. Committee voted 5-0 for approval, with no portion of addition to be less than 4.8 feet from the property line, no new window on the west elevation in the encroached area, and per the site plans dated 7/02/03.  Motion made to approve with same conditions, seconded and passed 10-0-0.

Application V-03-305: 1737 North Pelham Road. Applicants seek a variance to reduce side yard setback from 7 feet to 2 feet to allow for construction of detached one story garage.  Committee voted 5-0 to approve, with garage footprint not to exceed 22 x 24, 16 foot maximum height, 60 amp electrical service, hose bib plumbing and per the site plans dated 9/19/03. Question raised about tree impact.  Neighbor¹s oak tree: possible impact. Private arborist made suggestions about ways to alleviate impact of construction on tree.  Applicant also sought to place cupola (26 inches high) on top of garage. Motion made to approve, with same conditions as per Zoning Committee, plus the first three recommendations from the private arborist:  1. Oak to be fertilized with deep root injection fertilizer and inoculated with mycorrhizal bio-stimulants before any foundation excavation occurs; 2. Any roots over 1 inch in diameter uncovered during construction should be cleanly cut by hand rather than caught and pulled by machinery. 3. No trenching, digging, planting, compaction, or other root disturbance in remaining root zone until one growing season after foundation excavated, and allowance of cupola, seconded and passed 10-0-0.

Application V-03-309: 830 Yorkshire Road. Applicant asked for deferral until next month.  Situation involves building of garage under variance previously obtained; building not in conformance with variance; stop work order obtained; architect may be at fault. Research needs to be done on terms of earlier variance.  Present variance is for reduction of east side yard setback from 7 feet to 1 foot, to exceed maximum allowable floor area of detached structure from 30% of main structure to 33%, exceed maximum allowed rear lot coverage from 25% to 40%, and exceed maximum lot coverage from 50% to 57% to allow for detached garage addition.  Applicant not present. Committee had voted 5-0 to defer application.  Neighbor spoke against deferral, wanted process over.  Extensive discussion.  Motion to deny application for variance made, seconded but failed 4-4-1. Motion made to follow recommendation of Committee and defer application one month, seconded, and passed 5-4-0.

Application V-03-312: 1230 Monroe Drive. Applicant sought variance to reduce side yard setback from 7 to 6 feet and to reduce half depth front yard from 17.5 feet to 5.2 feet to allow for addition to single family house. Applicant is converting duplex to single family house.  One signature from neighbor obtained; still need other signature. Committee had voted 5-0 to approve per application as submitted and per the site plans dated 9/24/03. Motion made to approve, conditioned as commended by Committee and upon applicant receiving approval from other neighbor, seconded and passed 9-0-0.

New Business:
The Zoning Cochairs proposed that MLPA send a letter to the owner and listing agent for a house in the neighborhood that was believed to contain an illegal apartment, requesting that any buyer be informed of this nonconforming use.  Extensive discussion.  Suggestion made that a redacted copy of the letter be sent to all realtors doing business in the neighborhood and that an article appear on the subject in the next newsletter.  Motion made, seconded and passed 9-0 that the letter be sent.

Lee Kintzell reported on the "Stakeholders Committee" formed to discuss the issue of the "North Woods" project from the perspective of all persons and groups that might be affected by any development of this City-owned 80-acre tract north of Piedmont Park and roughly east of the Botanical Gardens.  Interested persons include reps from NPU-F and ­E, Norfolk Southern (who has a right of way running through the land), Georgia Power, wastewater treatment folks, neighborhood associations, parent groups, etc.  Addition of this tract would almost double size of Piedmont Park.
Suggestions made have included more playground area, rambles, a meadow, biking trails, Cathy Woolard¹s "Beltline" light rail idea, and a parking deck.  Challenges include the CSO nearby (and the attendant runoff), the railroad right of way, transients camping in these woods, and who would pay
for whatever happens.  The idea of a parking deck may involve as many as 1000 vehicle spaces and would serve both the Park and the Botanical Gardens.

Lee solicited input from the neighborhood and interested persons should email her directly at kintzellee@aol.com.

Representatives of an already-established wine store/restaurant located in Vinings called The Grape then spoke.  They have applied for a wine package store (retail) and wine bar/restaurant alcohol license from the City for the Belvedere at 560 Dutch Valley Road.  Plan is to open in May, at the same time that some 20 indoor parking spaces would be available from "Belvedere 2."  Messrs. Major and Pendleton introduced as principals of operation.  Spoke of focus of store and restaurant: wine would be the only alcohol served.  Focus on unique but affordable wines.  Only two distributors to deliver to location.  Hours of retail store 10-9 Monday-Saturday; restaurant, 5-11 pm Monday-Thursday; noon-midnight or 1 am Friday & Saturday.  Only required to have 34 parking spaces; has 30 that store owns and will  be leasing the additional 20.  8 employees maximum will be present at any one time. 600 square foot retail store and 1500 square foot restaurant with approximate seating capacity of 50-60. Principal spoke of reputation of Vinings location as "good corporate citizen."

Representative of 12-step recovery program working out of 585 Dutch Valley Road appeared not in opposition but to make a plea that the parking requirements be enforced.  Program has had difficulties with valet parking with other businesses on that street.

President McKay thanked everyone for attending and adjourned the meeting at approximately 10:20 pm.

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