Developer gets Council's Nod in Home Elevation Showdown

It took two weeks, three public meetings and a lot of agonizing from some members of the Smyrna City Council, but a much-debated zoning variance was approved Monday that will allow a developer to build houses in the Lois Pointe neighborhood up to eight-feet taller than the current zoning allows.

There were several changes and modifications proposed to the original rezoning plan that was approved in October, 2005, but it was behalf of the developer that architect Michael Landry’s request to increase the elevation of houses on a pair of lots from 35 feet to 43 feet that resulted in such debate.

It became a matter of a scenic view of downtown Atlanta, and what having or not having such would do to property values. Many residents of nearby Main Street and the Oakdale Community Association opposed the elevation increase, fearing the loss of their existing view and a decrease in property value. Several residents of Lois Street approved it, if merely for the notion that their property values would increase being located near such new and expensively-priced homes.

At the April 18 Smyrna City Council meeting, more than a dozen residents representing both sides, spoke on the matter. The council tabled the issue until Monday night, but all concerned parties met on April 25 at the request of Smyrna City Councilman Wade Lnenicka, who represents Ward 6 where the neighborhood in question is.

The Lois Pointe neighborhood is an enclave of 11 housing plots located about a mile outside of I-125, just off South Cobb Drive. Originally intended for senior living, the development had three homes built by Pritchard Brothers, Inc., but then the economic recession came, building stopped and the project was abandoned. Developer Frank Pritchard went into foreclosure and lot Nos. 9, 10 and 11 remain in litigation.

In came Landry, who now owns plots 5,6,7 and 8, and he asked the council to allow him to build the higher elevated homes on the last two plots.

“We felt we should market our plans, our pricing structure towards a great view of the city,’’ said Landry, who indicated he would approach Pritchard about maintaining the landscape look of lot Nos. 9, 10 and 11. “We feel this will affect property values positively.’’

Others who spoke on Monday agreed, even those who one day may have their views blocked if Landry gains possession of Pritchard’s three lots and builds higher elevated homes there.

“I do believe a view does not make a property value alone,’’ said Lisa Smith Boyer, who indicated she lives across the street from the unkempt lots 9, 10 and 11. “I will be impacted by the higher height, but I have to compromise and believe this process and the quality that Mr. Landry is proposing will be a direct benefit to the neighbors, especially on Main Street.''

Other Main Street residents did not see it that way.  Said Wesley Bateman, “Our greatest concern about the elevation of these homes is that they would break the continuity of the skyline.’'

Added fellow Main Street resident Jeff Mitchell, “Likely the neighborhood most affected will be the homes on Main Street. It would be a detriment to the neighborhood and I ask that the council vote no.’’

There seemed to be issue as to where the actual housing heights will be measured from, whether it from the mean height of the roof or to the actual ridge. This was of particular concern to Councilman Jimmy Smith, and Councilman Mike McNabb admitted the “language is confusing.’’

It also led Mary Rose Barnes, the president of the Oakdale Community Association, to conclude the homes would reach taller than 43 feet.

“In actuality, these houses will be nearly 50 feet tall, literally blocking the sun from homes on Glen Point Way and obliterating the view of other homes on Main Street,’’ she said. “The applicant apparently did not consider that neighbors would also be concerned with their own personal and financial gains from their own views and surroundings.

“The applicant states his plan depends on one particular buyer who desires the view from lot No. 8. This one house, and lot No. 7, will alter the looks and livability of the entire neighborhood. This buyer wants this view and is willing to pay for it, but the entire community will be paying for his choice if this amendment is approved…The value of one home cannot solve our real estate market problem. We believe a good product can be built within the 35-foot code height restriction.’’

Councilman Ron Newcomb said that a high price for the new house was not “persuasive by itself.’’ But added that he was “influenced by the fact that some people think the higher dollar figure increases the value of the neighborhood.’’

Newcomb later added there had been solid points made by both sides, but that “the burden of proof to prevent the applicant from being granted this variance has not been met.’’

McNabb also admitted that both sides made good points and that under normal circumstances he would vote no against the request.

“However, these are special times,’ McNabb said. “My vote should always cast to preserve the integrity of property value in the immediate area. And because of what’s happened with the economy, despite the lack of conformance to a community standard; despite the lack of conformance to a community standard, I’ll say that twice; I’m going to vote for this because of the unique economic circumstances; it does enhance the overall community property value.’’

And so it was left up to Lnenicka to put the zoning amendment up to vote.

“We’ve got to recognize change in the economic situation and that moves me to consider more favorably what I might not have before,’’ the councilman said. “I’ve gone back-and-forth a number of times on this the last few weeks. But I’m going to move tonight that we approve the zoning amendment on this property.’’

And with that, the council voted 6-1 for approval with Smith voting no.

• In other council news from Monday, NAI Brannen Goddard was awarded the commercial real estate brokerage services to nationally market the Hickory Lake Apartments property that the City of Smyrna purchased in December. The the 92-building complex located on Old Concord Road near Windy Hill Road, and eventually sell off parts of the property to a developer.

• Pad Thai & Chinese Cuisine at 5350 United Drive was awarded a beer and wine pouring license. The restaurant has been open since July of last year.

• This Friday will be recognized at Respect for Law Day, while May 7-15 will be recognized as National Tourism Week by the city.