Action Summary:
title
Appeal of an Administrative Decision presented by Tina G. - Related to the Community Development Department's building permit number 22PDR-00065. The property is located at 3292 Creek Trace E, within land lot 746 of the 19th District, 2nd Section, and Cobb County, Georgia. PIN: 19074600150
MIT
MIT Supported - Mark All Applicable
☐ Critical Staffing Needs (staffing shortages, retention)
☐ Financial Stability/Sustainability (diverse tax base)
☐ Safety & Protecting Community (code enforcement, stormwater)
☐ Commercial Development
☐ Downtown Development
☐ Tourism (increase share; museum should equitably represent community; events)
☐ Downtown Parking (address parking needs)
☐ Youth Program/Council (community center for youth and seniors; learning gap)
☐ Prepare for Growth and Development (infrastructure in place; annexation; curb cuts; recycling, signage)
staffnotes
Staff Notes
See analysis below.
Summary
A permit was issued on April 13, 2022 for property located at 3292 Creek Trace East. The permit was issued as a homeowners’ permit under the name Greg and Dori McManious. Mrs. Dori McManious signed the homeowners’ affidavit stating that she was the owner of the property and would not offer said property for sale or rent.
During the final inspection and request for Certificate of Occupancy, it was found that the applicant of the building permit was no longer involved in the process. It was also found that the house that was constructed did not match the approved plans submitted with the building permit application. The house built did not include architectural features that were found on the originally approved plans.
The City advised the owner of the property, requestor of the Certificate of Occupancy, that the City’s zoning and erosion and sediment control inspections did not pass, and therefore a Certificate of Occupancy could not be issued. Additionally, because the homeowner was not the builder of the house as presented in the original application, a General Contractor is required to apply for the permit.
After much discussion, the applicant provided estimates for the architectural features that were excluded from the final product. The applicant also provided the information for the general contractor. A conditional certificate of occupancy was issued on December 1st, after the receipt of a payment of $7,995.00 to cover installation of additional features.
The applicant has stated that approval was granted by the HOA for the renovation. The HOA has stated that they approved the change in color and addition of a railing, but not for the change in architectural features. The approval for change in color and addition of railing was submitted to the HOA after the completion of the work.
The applicant has appealed the decision of the Community Development Director to hold this applicant to the originally approved architectural plans approved at the time of the building permit.
Original Review Comments
We have reviewed the revised front elevation submitted and considered your request; however, the initial zoning determination of denial stands based on the following:
The revised elevation is:
1. Non-compliant with the zoning stipulations for the Warren Creek Subdivision: #4 Front facades of homes to be constructed of brick, stone, stacked stone, or a combination thereof.
2. Non-compliant with the unified ’development codes provisions [Sec. 5-53 (g)] <https://library.municode.com/ga/powder_springs/codes/unified_development_code?nodeId=SUHITA_ART5SIARDERE_DIVIVARDEREGU_S5-53BUMA> for 50% brick on front elevations.
3. Inconsistent with the character of the existing neighborhood, where 100% brick/stone is the predominant front elevation. In cases where there is less brick on the front façade, other architectural features such as large front porches exist.
Sec. 5-53. - Building materials. <https://library.municode.com/ga/powder_springs/codes/unified_development_code?nodeId=SUHITA_ART5SIARDERE_DIVIVARDEREGU_S5-53BUMA>
All sides of a building may impact on its surroundings and should be considered for treatment with an architectural finish of primary materials (i.e., brick and stone), unless other materials demonstrating equal or greater quality are used. As a general guide: front and side facades should be at least 50% brick and stone; side facades should be at least 50% brick and stone. Rear facades do not have a minimum suggested standard for primary materials unless they are visible from a public right-of-way. Requirements for brick or stone may be modified to accommodate creatively designed structures as determined by the community development director. Materials used for side and rear building elevations should be substantially consistent with the materials used for the front building elevation.
Additional Review comments:
The items highlighted below are areas that do not match the approved plan. Missing architectural features from approved plans: porch columns and louver, front door skylights, louvered gable vents, arched window details, large windows, decorative shutters, cornice details and the masonry water table and in center section. Please provide detailed invoices/estimates to complete this work for review. Once we have an agreeable amount established, you can submit 110% of that total to the City to hold while you proceed through the appeal process. Once we have received the agreed amount, we can issue the certificate of occupancy.
Revised elevation provided by owner. The city requested the additional features shown in yellow.
A certificate of Occupancy was issued on 12/1/2023 with the following conditions -
