Birmingham Crossroads-Rezoning, Zoning Modifications and Variances

I DO NOT support the following rezoning, zoning modifications and variances requested by A.G. Armstrong for the SE, SW and/or the NE corners of the Birmingham Crossroads (Case #2006Z-0027NFC , #2006VC-0040NFC & #2006Z-0015NFC). These requests for increased density, prohibited uses and multiple variances should be denied:


1. Rezoning for a 36\% increase in town homes on the SE corner from the approved 33 units to 45 units. This increased density is unacceptable.

2. Rezoning for a 157\% increase in commercial square footage on the SE corner (i.e. 8,400 sq. ft. to 21,593 sq. ft.) and a redistribution of square footages from the approved zoning of November 3, 2004; i.e. an increase of retail/service from 8,400 square feet to 21,593 square feet, decrease in office from 37,600 square feet to 34,407 square feet and deletion of the 10,000 square feet day care center. This increased density is unacceptable.

3. Rezoning to reverse prohibited uses. Petitioner requests rezoning to allow for non-freestanding fast food restaurants, wine stores with liquor sales and beauty spas (i.e. nail salons) for the SE, SW and NE corners. The Birmingham Master Plan and the conditions of zoning specifically prohibit/restrict these uses.

4. Variance to allow required sign setback to be deleted. Signs do not need to be more visible. The required setbacks should remain.

5. Variance to waive requirement for all retaining walls which shall be constructed of stone and brick only. Petitioner is requesting this waiver to construct a 200 ft retaining wall of painted concrete versus required materials. This attempt to by-pass required materials is unacceptable.

6. Variance to waive required roofing materials. The Birmingham Master Plan and the Northwest Fulton Overlay require specific materials. The petitioner wants to by-pass these requirements and use a prohibited roofing material.



I expect elected officials to uphold the Birmingham Master Plan, Northwest Fulton Overlay and the specific conditions of zoning as approved on November 3, 2004. The above requests should be denied as they are in direct violation of the Birmingham Master Plan, the Northwest Fulton Overlay and the conditions of zoning.