Marietta Board of Zoning Appeals Meeting – August 31, 2026
Marietta Board of Zoning Appeals Meeting – August 31, 2026
The Marietta Board of Zoning Appeals met on August 31, 2026, to consider four variance applications and one tabled item. The board heard from applicants, reviewed property conditions, and voted on each case. Public opposition was absent for all items.
Consent Calendar
- Approval of Previous Minutes: August meeting minutes were approved with one dissenting vote from board member Walt.
Discussion Items
- Case V2026-27 – 850 Industrial Park Drive: WLM Contracting/885 Holdings LLC requested a variance to reduce the side yard setback from 20 feet to 3 feet. The applicant did not appear at the meeting. The board discussed options and voted to deny the variance (4-2).
- Case V2026-29 – 1405 O&B Drive: OCP 1405 O&B LLC requested a variance to allow gravel as an acceptable parking surface. Applicant Hayes Brewer explained the property had existing gravel and that they added more without a permit, receiving a stop work order in February 2026. He stated that heavy industrial tenants often require gravel for trucking or storage. Board members expressed concerns about the “ask forgiveness, not permission” pattern and noted recent city council denials of gravel parking for commercial properties. The board voted unanimously (no recorded opposition) to deny the variance. The applicant was informed they could remove the unpermitted gravel to come into compliance but would need to wait one year to reapply.
- Case V2026-30 – 138 Powers Ferry Road: John E. Swiney and Shena Sawani requested a variance to allow an existing open and closed projection to encroach more than 50% into the required eastern side setback. Architect John Swinney and property owner Shannon Sivani presented. The roof over an existing deck was built without a permit, and the property also hosts an unpermitted tree removal business. The board noted that moving the structure back four feet two inches would bring it into compliance without a variance. Citing the unauthorized construction and ancillary code violations, a motion to deny was made, seconded, and carried. The board advised the owner to fix the setback and address the business issues with the city.
- Case V2026-31 – 1204 Brandle Drive: Ignacio Mendoza and Guadalupe Perez Gonzalez requested variances to reduce side and rear setbacks for a proposed 18×20-foot storage building to four feet. Mr. Mendoza explained the need for storage space. Board members suggested moving the building six feet from the property line, which would avoid the need for a variance. The board moved to table the request to allow the applicant to consult with his builder and explore that option, waiving the readvertising fee.
- Case V2026-33 – 741 & 749 South Marietta Parkway: 749 South Marietta Property LLC requested variances to expand a non-conforming structure (reduce rear setback from 35 feet to 11 feet) and to allow parking at the gas pumps to count toward required parking. Applicant Noreen Lalani and Rohel Hara (general contractors) explained plans to add 4,000 square feet of retail space and relocate an existing kitchen from the convenience store to a new tenant space. The board discussed concerns about relying on parking on an adjacent property but found the pump parking proposal acceptable, noting staff had no objection. A motion to approve all three variances was made, seconded, and carried unanimously.
Key Outcomes
- V2026-27 (850 Industrial Park Dr): Denied (4-2). Applicant cannot reapply for one year.
- V2026-29 (1405 O&B Dr): Denied. Applicant must remove unpermitted gravel; one-year waiting period.
- V2026-30 (138 Powers Ferry Rd): Denied. Applicant advised to correct setback and resolve code violations.
- V2026-31 (1204 Brandle Dr): Tabled to give applicant time to explore a compliance option; readvertising fee waived.
- V2026-33 (741/749 S Marietta Pkwy): Approved for all three variances with conditions satisfied.
- Previous minutes: Approved (1 opposed).
- Meeting adjourned.
Meeting Transcript
Doesn't miss, but he's somewhere today. All right, we will call to order the August 31st meeting of the Merida Board of Zoning Appeals. A few quick housekeeping items for those of you who are here in favor of a variance or ask for approval of variants, you have a total of 20 minutes to make your case to the board for approval. And you may reserve any of that time for a rebuttal from the board or rebuttal from anybody who is here to complain. Anyone here in opposition of the variants have a collective total of 20 minutes to make their case to the board for denial? I I ask you to be cognizant of the 20 minute time. So if you do come up and speak, that you leave time for other people. And if you do want to come up and speak, you will have to sign in. Only if you're here in opposition, there's a paper right there. You can sign in to speak. Welcome. Thank you. Ross. Okay. First item on the agenda is the meetings for last meeting or the meeting approval for last month's minutes. I don't believe we had any changes correctly. Okay. Do I hear um motion? I move we approve. Sorry. Motion been made and seconded. We approve the minutes of last month's meeting. All those in favor, I guess. Thank you very much. You don't okay. I think Walt's opposed, but that's okay. No, no, no. All right. First case. Case V 2026-27 WLM contracting 885 holdings LLC are requesting a variance for property 850 Industrial Park Drive. To variance to reduce the side yard setback from 20 feet to three feet. Okay, who's here to present this variance? Please step forward and state your name at the podium. Do we have anybody here for this? All right. Uh maybe they're just running late. We'll move on. We'll move on. Next case is V2026-29. OCP 1405 O and B LLC is requesting a variance for property at 1405 O and B Drive. This would be a variance to allow gravels and acceptable parking surface. Okay, step up, state your name, sir. Hayes Brewer with Oakley Real Estate Partners. So first off, just want to introduce myself. We're local investors here in town. I'm actually from Marietta, been here pretty much my whole life, and it's an area we're gonna continue to invest heavily in and have some more projects that we'll be bringing in front of you guys that we're excited about in the future. So just want to call that out and first and foremost, want to apologize for the way that this process has played out on this property. It's one of the first big deals that we bought as a firm, and frankly, the seller left the property in in disrepair, and so when we bought it, we were moving quick and trying to make improvements to the property to get it in a condition where it could be leased. The seller was previously parking on in an existing gravel area in the front yard. We did go and add gravel to that yard, and in terms of the series of events, I heard you guys in your planning session about when the gravel was added, so I want to make it clear.
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