Z2011-09 Glenn F. & Bernardine W. Drake 155 Montgomery Street Z2011-09 [REZONING] GLENN F. & BERNARDINE W. DRAKE request rezoning for property located in Land Lot 11450, District 16, Parcel 0060, 2nd Section, Marietta, Cobb County, Georgia and being known as 155 Montgomery Street from R-3 (Single Family Residential 3 units/acre) to R-4 (Single Family Residential 4 units/acre). Ward 5. Ordinance approving the rezoning of 155 Montgomery Street from R3 to R4 with stipulations and a variance as stated. Council member Goldstein disclosed that the engineer for this project is and has done work for an entity that he owns and/or for himself. Council member Chalfant disclosed that he has done business with the engineer for this project. 1. The existing 8 ft. white picket privacy fence currently located along a portion of the western (Drake/Panetta) property line will be extended along the entire western property line to the right of way of Montgomery Street. A new 8 ft. white picket privacy fence, which will match the fence that currently runs along the western (Drake/Panetta) property line, shall be constructed along the entire northern (Yustat/Drake) property line to the right of way of Harold Street. 2. Applicant will meet with Public Works staff to determine if a retention/detention pond is necessary. If deemed necessary, it will be located away from the northwestern corner of the property, if possible. If changes need to occur, this matter will be discussed between the Mr. Drake, Yustats, Mr. Panetta, and the City of Marietta Public Works Departments. However, compliance with all City and State regulations is required. 3. The garages will be in compliance with all City of Marietta codes; and each garage will have similar color and façade material as the principle structure. 4. One row of trees will be planted along the northern and western property lines. This buffer will consist of a single row of trees of a minimum of 2” caliber and will include crape myrtles and bald cypress trees. Due to the mix of tree species within the buffer, the city arborist will determine spacing requirements. 5. The developer will hire an arborist to determine the health of all remaining trees and the impact on the remaining trees from the proposed plans. The developer will follow the recommendation of the arborist as well as meet the current tree ordinance. 6. The houses will be LEED [Leadership in Energy and Environmental Design] certified. 7. The houses will be constructed in compliance with all codes. 8. The houses that will be built will be one of the attached plans (see attached renderings): a. Ansel f. Emmerson b. Henry David g. Hayek House c. Hudson h. Gifford d. Dillard i. Hampton Roads e. Watkins 9. The square footage of the homes will be a minimum of 1800 square feet. 10. Owners are contracting with a specific builder, but during the course of construction and for reasons unknown at this time may find it necessary to change builders. Homes will continue in the same appearance and outside style, as stipulated in item #8 above. The following variance is approved: 1. A variance to increase the maximum height of a fence along a side yard from 4 ft. to 8 ft.

Committee

JUDICIAL LEGISLATIVE COMMITTEE

Introduced

May 26, 2011

Passed

August 10, 2011

Enactment no.

Ord 7547