OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Marietta Board of Zoning Appeals Meeting - April 27, 2026

City Council Archive ViewMonday, April 27, 2026
BodyMarietta, Georgia
SessionCity Council Archive View
DateMonday, April 27, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:21

All those opposed for the variance.

0:23

You have a collective total of 20 minutes to present your case to the board for denial.

0:28

If you are here in opposed, if you have not, you can sign up right there at the desk.

0:35

If there's anyone else who shows up, or anyone else who has an issue and wants to speak, please reserve any part of that 20 minutes for them to speak as well.

0:45

And I'll remind you all to turn your phones back on when you leave the building.

0:50

Thank you very much.

0:51

First item agenda is the minutes for last month's meeting.

0:55

I believe they uh been signed.

0:58

Do we have any do I hear a motion to approve those minutes?

1:03

Motion to approve those amended minutes from last month.

1:06

Okay.

1:07

Motion has been made and seconded.

1:09

We approve the amended amended minutes from last month's meeting.

1:11

All those in favor.

1:14

Okay.

1:15

Much thank you, Lisa.

1:18

You're welcome.

1:19

All right.

1:20

First case.

1:21

First case is V 2026-09, Riverstone Custom Homes LLC is requesting a variance for property at 411 Campbell Hill Road.

1:32

Okay, who's here to present this case?

1:34

Please step up to the podium there.

1:38

State your name, sir.

1:40

Uh my name is Reggie Lopes.

1:43

Okay.

1:45

I am the owner of Riverstone Custom Homes, and I purchased this property.

1:50

Uh when I uh put the the property under contract, uh I was given a survey of the property that was done in 2015.

2:00

Um the survey showed the property having an 80-foot uh wide uh front as well as an 80-foot five uh 80-foot wide rear boundary.

2:12

Um the deed goes back to the uh 40s, and so the description of it is kind of loose, but basically calls for a uniform um property or width going back.

2:27

Um just prior to closing uh because there is a drain that runs uh that cuts the property, um hence the reason the builder next door had to put his garage as far back as he did is because that there's a drain that kind of cuts his property.

2:46

I did a record a records request, got the survey from the builder next door.

2:53

Um and in looking at their survey and looking at the survey that was done in 2015, uh became very clear that there was a discrepancy and that based off of their measurements.

3:07

Um 411 Campbell Hill, or the property that I was purchasing purchasing lost seven feet.

3:15

That backright property pin came in towards uh what would it what is 411?

3:22

And so you lose seven feet.

3:25

Um the plan that I had designed to fit on that property.

3:30

I had modified a plan to fit, uh no longer fit.

3:34

And um, and so it was at that point that I talked with the owner Mallory, and um and basically had a conversation as far as what what I was gonna do, and I got with the city and requested I had initially asked if uh they could just do it administrative because I was only asking for three feet where I could still make it work.

4:00

Um when I say make it work, I modified the plan a second time.

4:06

I shrunk it uh and I shrunk the garage as well.

4:10

So I made the plan even smaller uh to try to fit it, but I needed three feet in order to make that work.

4:18

Um so the the you know the difficulty also is that there is a drainage easement that runs towards the property.

4:28

So in order to put a garage back there, uh it runs at a 45 degree angle.

4:34

Um you might be able to squeeze something at the very back corner, uh, and that's questionable.

4:42

It might be a one-car garage, but it's gonna put it so far back, and um, and I really don't want to do that because the biggest complaint of the house to the right that that builder is trying to sell, um, and most people are complaining, is just the garage is so far back there, and then of course you're gonna be walking in the rain if it's ever raining, and and so therefore I really wanted uh the garage to be part of the house.

5:01

And so therefore, I really wanted the garage to be part of the house.

5:06

And so again, I would like to, you know, that's why I'm requesting a three-foot variance in order to make this work.

5:16

Let me ask you a question.

5:19

Board decides against you.

5:21

What would you do?

5:23

Well, I mean, at this point, I went ahead and closed on the property, so I own it now.

5:29

So at that point, I probably put a two-car front entry, which I don't particularly want to do because you don't really see a lot of those on that street.

5:40

I'm if you look at the house and the elevation that I attached, uh, it's very much in keeping with the community and with the neighborhood.

5:49

Um so I have one garage sticking forward.

5:53

That's a it's like a carriage garage.

5:56

Um but if I have to, I I could do a two-car front entry, which keep in mind the price point is pretty substantial because uh it's a desirable neighborhood.

6:09

Everyone wants to live around there, um, but in order to do that, you're clearly having to tear down old structures, right?

6:16

Which creates a very expensive lot.

6:18

So when you look at a price point that I'm having to build at, uh people really want a three-car garage.

6:27

Any question for Mr.

6:29

Lopes?

6:32

No, thank you, sir.

6:33

Appreciate it.

6:35

See anyone here in opposition to this variance?

6:38

Please step forward.

6:39

State your name.

6:42

You signed in, correct, ma'am.

6:44

Okay.

6:46

Hello, my name is Cheryl Ballinger.

6:49

I am a resident on Campbell Hill Street.

6:52

Bought there in 2021 after loving the street for many years, but um had to find a house for sale because they don't come up often.

7:02

Did get one for sale, renovated it, it's lovely, it's um a great place to live, and I agree with the gentleman that Campbell Hill Street is a desirable neighborhood.

7:12

Um Campbell Hill Street, if you're not familiar, backs up to Church Street, Church Street and Cherokee Streets are in the historical district, but Campbell Hill Street is not.

7:24

It's close.

7:26

Um the Campbell Hill Street and the feeder street that goes into set that goes into Campbell Hill Session Street.

7:35

These homes were built during the early 1900s to mid-1930s, most of them.

7:42

Um, most of these are now over a hundred years old.

7:45

They're very um unique, they're independent homes, they weren't mass-produced, so they're they're just really cool homes.

7:53

Um, and during the time these homes were built, horse and buggy were popular, and if people owned a vehicle, they only owned one during these times.

8:03

Um, the homes began with a single track driveway that leads to the back of the home for parking.

8:12

And parking and back with a single track driveway is not unique to Campbell Hill and Sessions, but it's throughout Kennesaw Avenue, Maple Street, Polk Street, Holland Street, Stewart Avenue, McDonald Street.

8:25

I could keep naming them, but I won't bore you.

8:28

Um most homes that were built before 1935, 1940 have single track driveways.

8:35

This is a one-car width of drive that runs from the street to the back of the home.

8:40

Our cars park in behind the homes, and this adds the charm to the neighborhood.

8:46

You don't see cars all out front.

8:49

Umis with a commuter origin and front-facing garages, do that on purpose.

8:56

But Campbell Hill is a walking neighborhood.

8:59

It's uh um people there usually walk to the Marietta Square, walk to coffee shops, walk to the other things going on around the um Marietta downtown district.

9:11

Um and the proposed build style of 411 Campbell Hill is great.

9:16

I think it's a cute build, it's gonna look cute, but um it shows basically a single drive in front that expands to a large front parking pad with a street-facing garage and two side entry garages as shown on the picture.

9:35

Um the focus is on the vehicle rather than on the home and the people inside.

9:42

And the last couple of years, Campbell Hill Street, um, 398, which is the one that um uh was kind of up the street and 419, which is next door to 41, those homes were both scraped and rebuilt, and they did single track driveways with the garage in back.

10:02

Now the garage in back of 419 that he spoke about is a two-car garage.

10:08

It fits great on the property, and that was designed from the beginning to be that way because the home took up so much space on the lot already that they built.

10:17

They built a big basement and upstairs, so two-story.

10:22

Um both of these newer homes that were built in 24 and 25 followed the pattern in keeping with the neighborhood of a single track driveway and parking in the back.

10:34

As it happens, um garages will fill up with storage, and soon vehicles are parked outside of in the front of garages, parents' cars, teenagers' cars, visitors' cars.

10:47

Pretty soon there's street-facing parking lot that's sitting out there on Campbell Hill Street.

10:53

So I request that these home plans changed with this variance not happening, so that a single track driveway can be built, and the garage can still be put on the house, but enter it maybe from the back.

11:07

Um that would be more in keeping with the period and majority of homes on Campbell Hill Street.

11:13

So I have a PowerPoint to show you.

11:15

Um you can look at your monitors.

11:17

These are examples of uh there was two that were church street houses, but their driveways come off of sessions.

11:25

This house is 383 church, but its driveway is off of sessions.

11:31

This is the Pearlberg House.

11:32

If those of you know that house, and if you want to keep going.

11:36

This is across the street, single track on 365.

11:39

Next 14 sessions, single track, they build a big garage in the back.

11:44

It actually has living quarters in the top there.

11:48

15 sessions, single track, 17 sessions, single track drive all the way to the back.

11:56

18 sessions, they have a single track, and they're parked up front because they're gonna run errand real quick, probably.

12:02

21 sessions, single track, 22 sessions, single track, 28 sessions, and these are two separate homes here.

12:12

They have a single track, 27 sessions, single track, 29, single track, 30 sessions.

12:22

This is just now being renovated.

12:24

Um it's just me, ma'am.

12:26

I don't mean cut you off, but I think we get to picture.

12:29

So your issues with the with the garage.

12:31

Your issues with the single track not having a single track.

12:34

But if the garage is there sticking out like it is, there won't be room.

12:38

If the variance was approved, there won't be room for the single track.

12:43

Right.

12:43

So how he described you heard his reasoning for not doing the single track, right?

12:48

With the drainage being back there and how far back it is.

12:53

So I believe this other corner, like my house.

12:56

If you go to my house, uh 426 Campbell Hill, it's uh down about in the middle.

13:03

We have a garage in back, it's great.

13:05

It faces the street, but it's in the back.

13:08

Right.

13:10

Okay, right here.

13:11

So this little house, 426, in the back, there's a garage you can see.

13:16

Um, but it's a single track, and the cars all go toward the back.

13:21

So something like that is totally possible.

13:23

Gotcha.

13:24

And then if you'll fast forward all the way to the end.

13:30

This um the the lot on uh 411 is one of the wider lots on the entire street.

13:39

Um here's 411 in progress.

13:41

The house is gone, it's dirt right now.

13:44

Um, but to keep the neighborhood charm and the single track driveway looks, um, having it built as as presented would um pose uh you want to just keep with the theme of the neighborhood with the single track, right?

14:01

Single track driveway and back.

14:03

Got you.

14:03

Okay.

14:04

Thank you.

14:04

Anybody have questions for all right?

14:07

Thank you, ma'am.

14:10

Mr.

14:10

Lopes will come up one second.

14:12

Yeah.

14:13

I'll let you address you got a little time.

14:15

Dresser concern.

14:17

Um well, again, uh it is a beautiful neighborhood, and I'm doing my best to uh build a house that uh is very very much in keeping with the neighborhood.

14:27

I understand the single track.

14:30

Uh this particular lot has some advantages because it is a slightly wider lot than you've seen some of the uh other communities or other houses.

14:40

But again, if you go to the survey that shows the uh the proposed house, um you can kind of see now there is a drainage easement that's right there, okay, where the house sits right now.

15:00

Um I would basically have to squeeze in order to do a garage, which would literally eat up uh most of the backyard in order to get a garage.

15:07

It is it does fall off.

15:10

In other words, you do go towards the back.

15:13

Um I don't remember uh reading or the city of Marriott did not have any architectural guidelines for this lot that stated I had to have a single garage.

15:26

I mean I I appreciate uh and understand you know the houses that were built over a hundred years ago having a single garage.

15:35

Um today, most families, especially when you're looking at the price point that they're paying, they they want to have more than two cars if possible.

15:46

Okay, okay.

15:48

Any questions?

15:49

Mr.

15:50

Lowe.

15:51

Thank you, sir.

15:54

With that, we will close.

15:55

Well, anyone else here in opposition?

15:58

Just checking.

15:59

Seeing there's no one else here in opposition, we'll close the public session.

16:02

Do I hear any discussion or do I hear a motion?

16:09

No discussion.

16:10

No discussion.

16:11

Do I hear a motion?

16:12

All right.

16:15

I'd like to make a motion, Mr.

16:17

Chairman.

16:19

Um to accept the variance that that uh he's had uh applied forward with the criteria granting the application will not be detrimental or injured to property or improvements in the vicinity of the development site for the public health, safety, and general welfare.

16:46

Okay, do I hear a second?

16:48

Second.

16:48

Motion been made and seconded that we approve this variance as is.

16:52

All those in favor, opposed.

16:57

Okay.

16:58

You have your variance, sir.

17:00

Good luck.

17:01

All right, thank you.

17:03

Anything else to put before the board?

17:06

Elections.

17:07

Elections.

17:08

We do them today.

17:15

In other business, chair and vice chair.

17:19

Oh, okay.

17:19

Chair and vice chair.

17:24

Yes.

17:25

Do we have to we we need nominations?

17:28

I like the nominated that we keep both chair and vice present.

17:32

Second.

17:35

Sir.

17:36

Motion been main segmented that we keep the chairs and the vice chair the same.

17:40

All those in favor.

17:42

All right.

17:44

Thank you very much.

17:45

I guess that's it, right?

17:47

Now do I hear a motion to adjourn?

17:49

Oh, yes, sir.

17:51

Is this is this Ms.

17:52

Carmichael's last meeting?

17:54

Oh, yes, that's right.

17:56

Yes.

17:56

I think you know what?

17:58

I ordered a cake and they just forgot to deliver it.

18:01

I think you'll deliver it next month, though.

18:03

I thought it was I thought it was May.

18:06

Oh, the next meeting.

18:07

I I'll save you a piece.

18:10

Sorry, see you go.

18:12

And I we don't know who we do we need to announce who our replacement is.

18:18

Well, he's not here, so it doesn't make a difference.

18:20

I don't remember she or she is she can I make a motion?

18:25

Yes.

18:26

Can I make a motion that uh we honor her service with a hand with a round of applause and thank you for her civic duty?

18:34

Do I hear a second?

18:41

Juanita, are you clapping for yourself or clapping that you're leaving us?

18:47

Well, yes, I hear you.

18:50

All right, do I hear a motion to adjourn?

18:52

Mr.

18:52

Kent.

18:54

No motion been made and second that we adjourn.

18:56

All those in favor, please show my standing up and raise your hand and leave.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████79%
Procedural████████████21%
Summary of Proceedings

Marietta Board of Zoning Appeals Meeting - April 27, 2026

On April 27, 2026, the Marietta Board of Zoning Appeals convened to consider a variance request, approve prior meeting minutes, conduct elections for chair and vice chair, and recognize a departing member. The meeting featured public testimony both in support of and opposition to the variance.

Consent Calendar

  • Approval of minutes: The board unanimously approved the amended minutes from the previous month's meeting. A motion was made and seconded, and all members voted in favor.

Public Comments & Testimony

  • Cheryl Ballinger, a resident of Campbell Hill Street, spoke in opposition to the variance. She argued that the proposed garage configuration would break the neighborhood's historic pattern of single-track driveways and rear parking, which preserves the area's charm and walking character. She presented a PowerPoint showing examples of nearby homes that maintain single-track driveways. She requested that the plan be changed to include a single-track driveway with a rear garage.

Discussion Items

  • Variance V2026-09 – Riverstone Custom Homes LLC for 411 Campbell Hill Road: Reggie Lopes, owner of Riverstone Custom Homes, presented the request for a three-foot variance. He explained that a survey error caused the lot to be seven feet narrower than originally believed, making his modified house design (which already shrunk the garage) impossible without the variance. He noted a drainage easement further complicates building a rear garage. He stated that if denied, he would build a two-car front-entry garage, which he felt would be less desirable and not fit the neighborhood's character. Board members asked clarifying questions.
  • Elections for Chair and Vice Chair: A motion was made and seconded to retain the current chair and vice chair. The board voted unanimously to keep the same officers.
  • Recognition of departing member: The board acknowledged that this was Ms. Carmichael's last meeting. A motion was made and seconded to honor her service with a round of applause, which was carried out.

Key Outcomes

  • Variance V2026-09 approved: A motion to approve the variance was made (citing that granting it will not be detrimental to property or improvements in the vicinity or to public health, safety, and general welfare), seconded, and carried unanimously. Mr. Lopes received the variance.
  • Chair and Vice Chair retained: The board voted to keep the same chair and vice chair for the next term.
  • Adjournment: A motion to adjourn was made, seconded, and passed unanimously.

Meeting Transcript

All those opposed for the variance. You have a collective total of 20 minutes to present your case to the board for denial. If you are here in opposed, if you have not, you can sign up right there at the desk. If there's anyone else who shows up, or anyone else who has an issue and wants to speak, please reserve any part of that 20 minutes for them to speak as well. And I'll remind you all to turn your phones back on when you leave the building. Thank you very much. First item agenda is the minutes for last month's meeting. I believe they uh been signed. Do we have any do I hear a motion to approve those minutes? Motion to approve those amended minutes from last month. Okay. Motion has been made and seconded. We approve the amended amended minutes from last month's meeting. All those in favor. Okay. Much thank you, Lisa. You're welcome. All right. First case. First case is V 2026-09, Riverstone Custom Homes LLC is requesting a variance for property at 411 Campbell Hill Road. Okay, who's here to present this case? Please step up to the podium there. State your name, sir. Uh my name is Reggie Lopes. Okay. I am the owner of Riverstone Custom Homes, and I purchased this property. Uh when I uh put the the property under contract, uh I was given a survey of the property that was done in 2015. Um the survey showed the property having an 80-foot uh wide uh front as well as an 80-foot five uh 80-foot wide rear boundary. Um the deed goes back to the uh 40s, and so the description of it is kind of loose, but basically calls for a uniform um property or width going back. Um just prior to closing uh because there is a drain that runs uh that cuts the property, um hence the reason the builder next door had to put his garage as far back as he did is because that there's a drain that kind of cuts his property. I did a record a records request, got the survey from the builder next door. Um and in looking at their survey and looking at the survey that was done in 2015, uh became very clear that there was a discrepancy and that based off of their measurements. Um 411 Campbell Hill, or the property that I was purchasing purchasing lost seven feet. That backright property pin came in towards uh what would it what is 411? And so you lose seven feet. Um the plan that I had designed to fit on that property. I had modified a plan to fit, uh no longer fit. And um, and so it was at that point that I talked with the owner Mallory, and um and basically had a conversation as far as what what I was gonna do, and I got with the city and requested I had initially asked if uh they could just do it administrative because I was only asking for three feet where I could still make it work. Um when I say make it work, I modified the plan a second time. I shrunk it uh and I shrunk the garage as well. So I made the plan even smaller uh to try to fit it, but I needed three feet in order to make that work. Um so the the you know the difficulty also is that there is a drainage easement that runs towards the property. So in order to put a garage back there, uh it runs at a 45 degree angle. Um you might be able to squeeze something at the very back corner, uh, and that's questionable. It might be a one-car garage, but it's gonna put it so far back, and um, and I really don't want to do that because the biggest complaint of the house to the right that that builder is trying to sell, um, and most people are complaining, is just the garage is so far back there, and then of course you're gonna be walking in the rain if it's ever raining, and and so therefore I really wanted uh the garage to be part of the house. And so therefore, I really wanted the garage to be part of the house. And so again, I would like to, you know, that's why I'm requesting a three-foot variance in order to make this work. Let me ask you a question. Board decides against you. What would you do?

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