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September 13, 2004 MLPA Board Meeting Minutes
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Board and committee members present: Norman McKay, Christine Hung, Mae Reich, Tad Christian, Alan Perry, Shira Kash, James Strack, Barbara Feinberg, Susan Drake, Kerry Brown, Daniel Cherrix, Bill Ellis and Sarah Nunn.
Approval of Minutes: A motion to approve the minutes passed unanimously.
Committee Reports
Security/Public Safety: No report
Parks: Kerry Brown. October 2nd Rock Creek clean-up at 9am until noon - Daniel Johnson Nature Preserve on Beech Valley Road. September 14th special election for Fulton County Soil and Water District Supervisors cancelled due to lawsuit.
Schools: Barbara Feinberg. The Grady new media center is looking for the donation of books, DVDs and CD dating from 2000 to the present. Inman’s October 7th parent education program will feature Becky Vaughn, the director of the Georgia Council on Substance Abuse. Morningside Elementary parent work day is September 18th.
Special Events: Daniel Cherrix September 18 MLPA will sponsor a big screen movie showing of "The Wizard of OZ" in Sunken Garden Park. Costume contest at 6:30 p.m. and movie begins at dusk.
Traffic: Bill Ellis. There will be 4 public hearings in September regarding the Marta Beltline/C Loop.
August 25 there will be a third public meeting about the Clifton Corridor Transportation Study. Emory is looking for a way to connect to Lindbergh station and this could have a big impact on Lenox Circle.
North MLPA: James Strack. Rezoning information meetings to carry out Cheshire Bridge Road study completed. Streetscape is delayed while DOT, Department of Public Works and Georgia Power discuss logistics and funding to move power polls.
South MLPA: Shira Kash. A new parent group board will be installed next week.
Officials in Attendance: Anne Fauver. The new city CFO is Janice Davis formerly with the Dallas Fort Worth airport. Planning Commissioner Charles Graves resigned and James Shelby is acting commissioner. September 10 is the final work session for city council regarding the proposed city smoking ban.
NPU Representative: no report
Finance: no report
Treasurer: Christine Hung. Motion approved to pay MLPA March newsletter bill for
$2878.05.
Zoning Applications heard
V-04-187
740 Lambert Drive
Property owner: Metalico Evans
Party appealing to the City: Thomas Concrete
Thomas Concrete seeks neighborhood/NPU-F support in their appeal to the City of Atlanta over the City’s failure to process their building permit. They want to build a concrete mixing plant on this site, which is zoned “light
industrial” I-1. Although no City officials were at either of the two MLPA meetings, according to the Thomas Concrete officials the City’s position is that their proposed plant requires “heavy industrial” I-2 zoning.
Thomas Concrete is arguing that the Zoning Code for I-1 does not disallow a concrete mixing plant. This zoning classification in the code specifically disallows a cement plant, which they argue is a much different type of plant.
There was considerable discussion at both MLPA meetings during and after presentations by Thomas Concrete and by a representative of nearby business owners/occupants who oppose the construction of such a plant.
Zoning Committee: Several motions failed to pass.
Board meeting: MLPA Board voted 10-0-2 to support the City of Atlanta’s NOT granting a building permit to Thomas Concrete to construct a concrete mixing plan on this site for a number of reasons:
- The proposed plant is heavy industry, not light industry – regardless of the zoning code wording or interpretation thereof.
- This type of business is not in the general “mixed use” commercial/residential zoning pattern arising out of a
decade long Cheshire Bridge corridor planning effort led by the Cheshire Bridge task force made up of area business owners and residents.
- Heavy concrete mixer truck traffic on and around neighborhood streets, which are narrower and are not constructed to withstand the steady use by such heavy vehicles and their loads of concrete.
- Concerns that concrete trucks will inevitably spill concrete onto City streets without cleaning up such spills.
- Concerns about building such a plant in a flood plain area given environmental concerns about mixing industrial chemicals with rainwater run off – again given the future pattern of mixed use zoning in this general area.
- Concerns about concrete dust containment given observations of similar concrete plants nearby which are caked in dust – again given the future pattern of mixed use zoning in this general area.
- Concerns about plant operating hours given the intentions stated by a company official to pour concrete during “over night” hours to avoid traffic delays on congested roads in the metro Atlanta area.
V-03-239 1283 Pasadena Applicant/owners: Daniel Moffet & Matthew Bobar. Seeking to erect a deck and construct a garage. Variance requests:
1) Left side yard setback reduced from 7' to 3' to erect a deck
2) Right side yard set back reduced from 7' to 2' for construction of garage
3) Rear yard set back reduced from 15' to 2' for construction of garage
No impact on trees. Garage built back on existing pad.
Zoning Committee: Approved 8-0-0 with conditions – 16’ max height, 60 amp electrical service, hose big plumbing and per drawing attached to application dated 8/23/04 and along with a signature of the owner of lot #12. Board: Approved 12-0-0 with same conditions.
V-04-258 1070 McGlynn Avenue Applicant/owners: Laura Glass. October 11, 2004 MLPA Board Meeting Minutesariance requests as follows:
1) Front yard setback reduced from 35' to 30' for second story addition
2) East side yard setback reduced from 7' to 5'
Board vote: 8-1-0 Conditional approval pending*
*Letter similar in form and content to letters sent by city to notify surrounding neighbors of 9/20/04 NPU meeting and 10/1/04 BZA hearing date regarding variance request.
*Revised letters signed by neighbors indicating their approval of granting zoning variances – not simply approving remodeling plans.
*Site visit by MLPA zoning chair to confirm that the variance requests, especially that of the front yard setback, is consistent with the spirit of the surrounding neighborhood.
Meeting adjourned 10:15.
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