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Home My WebLink AboutAgenda - BZA - 04-15-2008" ~ ~__,ity:.....o_f_M_i_lto_n _______________________ _ \""~ Deerfield Professional Centre 13000 Deerfield Parkway Building 100 , Suite 107 E Milto n, GA 30004 Agenda item/Location/ Applicant Approval of March BZA meeting minutes Approval o f March Special Called meetinq minutes New business l. Election of new officers 2. Other business V0S-006 12220 Birmingham Hwy John Wieland Homes and Neighborhoods V0S-008 13480 Providence Lake Drive Richard Ruthven V0S-011 13071 Hwy9 Stap les , Bob Hermann V0S-012 2410 Bethany Bend Victor Siegel V0S-013 15975 Freemanville Rd Robert Bohensky l. 2. AGENDA Board of Zoning Appeals April 15, 2008, 7:00pm VARIANCES Request To allow a retaining wall to encroach in the 50' undisturbed stream bank buffer {Article 6 Section 5.i.) To allow a retaining wall to encroach into the 75' impervious setback {Article 6 Sectio n 5.ii.) THIS ITEM HAS BEEN DEFERRED UNTIL MAY. l. To allow an accessory structure {a garage) to encroach into a side yard {Article 5.1 .3 .1) l. To increase the maximum allowed square footage for a wall sign (Article 33.26.1.G) 1. To allow an accessory structure {a barn) to encroach into the front yard {Article 5.1 .3.1) 1. To allow an accessory struc ture (a barn) to encroach into the fron t yard (Article 5.1 .3.1) -' PETITION NUMBER(S): PROPERTY INFORMATION ADDRESS DISTRICT, LAND LOT OVERLAY DISTRICT AG-1 13480 PROVIDENCE LAKE DRIVE 2/2 947 NORTHWEST FULTON ACREAGE EXISTING ZONING EXISTING USE FUTURE LAND USE DESIGNATION SINGLE FAMILY AGRICULTURE, FORESTRY , & MINING REQUESTED VARIANCE(S) V0S-008 1. To allow a garage to encroach into the side setback (Article 5.1.3 .C.) APPLICANT Richard D. Ruthven ADDRESS 13480 Providence Lake Dr. Milton, Georgia 30004 PHONE 770 -318 -7 296 4/4/2008 Prepared by th e Comm unity De velopment De partmen t for the Board o f Zo ning A p p eals meeting on Marc h 19, 2008 Pagel of 10 ·\]City of Millnn Fulto!I Couocy Gec~a V0S--008 -CJJ'Pel [ZJ :.:JEC _CIT E 0 .;ar .. O c':/Llm t< 135270 540 ----- 4/4/2008 Prepared by the Community Development Department for the Board of Zoning Appeals meeting on March 19 , 2008 Page 2 of 10 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT ANGELA RAMBEAU 678 .242 .2539 Background: The subject site, 13480 Providence Lake Drive , is located in the Providence Lake Subdivision. The one acre site is currently zoned AG-1 and is within the Northwest Fulton Overlay District . The applicant, Richard Ruthven , is seeking relief from Article 5.1.3 .C ., in order to build a one-car garage house within the 25' side yard setback. The applicant wishes to reduce the side yard setback requirement from 25' to l O'. In his letter of intent, Ruthven states that a reduced buffer will allow him to build a garage as well as mitigate existing stormwater runoff from the abutting property. Mr. Ruthven explains that several other homes in the same subdivision have detached garages of similar size and location. The applicant has obtained letters of support from adjoining property owners. The subdivision's Homeowners Association has approved this project. The applicant concludes that this project will not only increase the value of his home, but his neighbors as well. 4/4/2008 Prepared b y the Community Dev elopment Dep a rt men t fo r th e Board o f Zoning Appeals meet ing on M arc h 19 , 2008 Pa ge 3 o f 10 ADDITIONAL DEPARTMENT COMMENTS The staff held a Focus Meeting on March 19 , 2008 at which the following comments were provided : BUILDING PLAN REV I EW No heated floor area is p e rmitted. STAFF CONTACT MELISSA HENDERSON 678 .242 .3292 SITE PLAN REVIEW Th e work appears to be o ut of all STAFF CONTACT JIMMY SANDERS pond buffers . 678 .242.2543 ARBORIST It appears that no specimen trees will STA FF CONT ACT MARK LAW b e affected by this varian c e. Any 678 .2 42.2552 sp e cimen trees removed w ill require re c ompense. DOT/STORMWATER REVIEW Staff has not substantiate d whether STAF F CONT ACT JIM SEE BA th e proposed project w ill have any 678 .242 .2559 effect on the runoff fro m the neighboring property. Standards for Consideration: The applicant has indicated a justification for variance based on the following st andard(s): 1. Relief, if granted, would be in harmony with, or could be made to be in harmony with, the general p urpose and intent of the Zoning Ordinance. M r. Ruthven states that relief , if granted, would be in harmony wit h t he rest of our c o m munity as many other detached garages of similar size and lo c ation have b e en built by other resident s. Recommended conditions : Should the Board choose to approve the application , Staff recommends the fol lowing c onditions(s): 1. Follow all applic able erosion control m e a sures . 2. Obtain all required building permits . ATTACHMENTS: Le tter of appeal, site p la n , proposed front elevation , letters fro m a djacent prop erty owners, aerial view o f property ,:i/.4 /?008 Prepared by t he Community Development Depart ment for the Board o f Zoning Appeals meeting on March 19, 2008 Paqe 4 o f 10 LETTER OF INTENT To whom it may concern; I , Richard D Ruthven , am applying for a variance to the north side nd nd setback for Land Lot 94 7 of the 2 District, 2 Section of Fulton County, Georgia and being known as 13480 Providence Lake Drive , Alpharetta, GA 30004 , according to the present system of numbering in and around this area , being more particularly described as Lot 77 , Phase 1, of Providence Lake subdivision, as recorded in Plat Book 184, Page 44 , Fulton County, Georgia. I would like the City of Milton to consider a variance to the side setback from 25' to 10 ' on the north side of the above referenced lot. This change would allow me to build a detached garage on that side, as well as address water runoff issues from the abutting property. Relief, if granted, would be in harmony with the rest of our community as many other detached garages of similar size and location have been built by other residents. One issue that makes this request unique is the existence of a 10 ' retaining wall on the property line in question. The addition of the requested structure would be all but invisible to my northern neighbor, as their house sits well above our lot. I have included signed letters of acceptance from all of my adjoining homeowners as well as from the Providence Lake Homeowners Association . I think this addition will increase the value of not only my home , but of those around me. Thank you for consideration Sincerely, Richard D Ruthven 4/4/2008 Pre p ared by the Community De velopme nt Department for th e Board of Zo ning Appe als meetin g on Marc h 19 , 2008 Pa g e 5 of 10 ~;~~:~::·::~·: ~✓·: .,."t..,-.. w r .. ..., .• ___ _ __ _, __ -•0--..... ...... ·--ii._, ... i.l'I, ... . """"'"''---- ..... ,_~ ·-~o,----- AIA/?()()8 PROPOSED FRONT ELEVATIOIN ,,----·-/ /,. __ ... ,._....._ __ ,,~lll-,#_:11 ...,,il- • ••r--~...., ... ,,,_ ~::~-~""-· .... Prepared by t he Community Development Department for the Board o f Zoning Appeals meeting on March 19 , 2008 Page 6 o f 10 ·-~ 'x * -<. r '' ~ ' ~ ~ 4/4/2008 l \ I 03AI 03cJ \ \ I I I j J\ " l l Prepared by the Community Development Department for the Board of Zoning Appeals meeting o n March 19 , 2008 .... ,... Page 7 of 10 lfldllfNIJt OoanyD-d t_-~llM-•IIIClrmllllllllMO-== ~StnblaDW!lfl ••••' Qq ■fNc:lraffflllm S,lhnl a.,,,.., .... 4/4 /2008 Prepared by the Community Development Department for the Board of Zoning Appeals meeting on March 19, 2008 Page 8 of 10 4/4/2008 Picture 1: S ubj ect prop e rt y Prepared by t he Community Development Department for the Board of Zoning Appeals meeting on March 19 , 2008 Page 9 of 10 4/4/2008 Picture 2: A nother vi ew of s ubject property Prepared by t he Community Development Department fo r t he Board o f Zo nin g Appeals meeting on March 19, 2008 Paqe 10 o f 10 PETITION NUMBER(S): PROPERTY INFORMATION ADDRESS DISTRICT, LAND LOT OVERLAY DISTRICT AG-1 13480 PROVIDENCE LAKE DRIVE 2/2 947 NORTHWEST FULTON ACREAGE EXISTING ZONING EXISTING USE FUTURE LAND USE DESIGNATION SINGLE FAMILY AGRICULTURE , FORESTRY , & MINING REQUESTED VARIANCE(S) V0S-008 1. To allow a garage to encroach into the side setback (Article 5.1.3 .C .) APPLICANT Richard D. Ruthven ADDRESS 13480 Prov idenc e Lake Dr . Milton , Georgia 30004 PHONE 770-318 -7296 4/4/2008 Pr epared by th e Comm un ity Development De p a rtme nt for the Board o f Zoning A ppeals meeting on March 19, 2008 Pagel o f 10 -'\j City of Miltrm Fulro111 County, Gec~a V0S-00S -cnel -.S.H•-Y -.C:~-:eR:,:.i le -·.,.tam ?. [Zl c.sJec-_c E D ru kn D c~Ltm. 13 5 270 540 --- --Feet Prepared by th e Comm unity Development Department for the Board o f Zoning Appeals meeting on March 19 , 2008 Page 2 o f 10 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONT ACT ANGELA RAMBEAU 678.242.2539 Background: The subject site , 13480 Providence Lake Drive , is located in the Providence Lake Subdivision . The one acre site is currently zoned AG-1 and is within the Northwest Fulton Overlay District. The applicant, Richard Ruthven, is seeking relief from Article 5.1 .3.C ., in order to build a one-car garage house within the 25 ' side yard setback. The applicant wishes to reduce the side yard setback requirement from 25' to l O'. In his letter of intent, Ruthven states that a reduced buffer will allow him to build a garage as well as mitigate existing stormwater runoff from the abutting property. Mr. Ruthven explains that several other homes in the same subdivision have detached garages of similar size and location. The applicant has obtained letters of support from adjoining property owners. The subdivision 's Homeowners Association has approved this project. The applicant concludes that this project will not only increase the value of his home, but his neighbors as well. A I A /')(Y\Q Prepared b y th e Community De velopme nt De partme nt for th e Board o f Zoning Appe al s meeting on March 19, 2008 Page 3 o f 10 ADDITIONAL DEPARTMENT COMMENTS The staff held a Focus Meeting on March 19 , 2008 at which the following comments were provided : BUILDING PLAN REV IEW No heated floor area is permitted. STAFF CONTACT MELISSA HENDERSON 678 .242 .3292 SITE PLAN REV IEW The work appears to be out of all STAFF CONTACT JIMMY SANDERS pond buffers. 678 .242 .2543 ARBORIST It appears that no specimen trees will STAFF CONT ACT MARK LAW be affected by this variance. Any 678 .242.2552 specimen trees removed will require recompense. DOT/STORMWATER REVIEW Staff has not substantiated whether STAFF CONTACT JIM SEEBA the proposed project will have any 678.242 .2559 effect on the runoff from the neighboring property. Standards for Consideration: The applicant has indicated a justification for variance based on the following standard(s): 1. Relief, if granted, wou ld be in harmony with, or could be made to be in harmony wit h, the general purpose and intent of the Zoning Ordinance. Mr. Ruthven states that relief, if granted, would be in harmony with the rest of our community as many other detached garages of simi lar size and location have been built by other residents . Recommended conditions: Should the Board choose to approve the application , Staff recommends the following conditions(s): 1. Follow all applicable erosion control measures. 2. Obtain all required bu il ding permits. ATT AC HMENTS: Letter of appeal, sit e plan, proposed front e le v a tion, le tte rs from adjacent p roperty owne rs , aerial vie w of p rop e rty Pr epared b y th e Community De v e lopment De p a rtm e nt for the Board o f Zo ning A ppeals meeting on Marc h 19, 2008 Page 4 o f 10 LETTER OF INTENT To whom it may concern; I, Richard D Ruthven, am applying for a variance to the north side nd nd setback for Land Lot 94 7 of the 2 District, 2 Section of Fulton County, Georgia and being known as 13480 Providence Lake Drive, Alpharetta, GA 30004, according to the present system of numbering in and around this area, being more particularly described as Lot 77, Phase 1, of Providence Lake subdivision, as recorded in Plat Book 184, Page 44, Fulton County, Georgia. I would like the City of Milton to consider a variance to the side setback from 25' to 10' on the north side of the above referenced lot. This change would allow me to build a detached garage on that side, as well as address water runoff issues from the abutting property. Relief, if granted, would be in harmony with the rest of our community as many other detached garages of similar size and location have been built by other residents. One issue that makes this request unique is the existence of a 10' retaining wall on the property line in question. The addition of the requested structure would be all but invisible to my northern neighbor, as their house sits well above our lot. I have included signed letters of acceptance from all of my adjoining homeowners as well as from the Providence Lake Homeowners Association. I think this addition will increase the value of not only my home, but of those around me. Thank you for consideration Sincerely, Richard D Ruthven A/ ,I /?()()A Prepared by the Community Development Department for the Board of Zoning Appeals meeting on March 19 , 2008 Page 5 of 10 PROPOSED FRONT ELEVATIOIN _,,.,,·-~ / ,,,,,,·----•-A.&.- / ,,u:i.i:al,#-31 ~..t -, / :;:;~t =~ ,~1~'ift;::~~: l'flt-·•-4•-•~--"..._.. •Moo><,----•-•-r=-:::::-----y----~~ "'"•-=--••llliU• .. ~ --------.. -.;=:. ........ ~------..... ,.._ ... ,._, .. _____ _ ,.._,.,.~., ..,.,,.,.-...wr .. ..i .•••• _____ ._ __ ..,.,... .. 11_, ..... ,~ .. - ..... ..t .... ,.-.* ---- !~.~ ..... -----;-;-.!'~~·~ ________ ... A I A /'l/"\/"\R Prepared by th e Community Development Department for th e Board of Zoning Appeals meeting on March 19, 2008 Page 6 of 10 . \A ~ ',l ,.. '\: .. ; ~ .. ., Q ~ Q \) ~ '--.J .!f I •.J x t -<. I ' \ ~ "' -~ ~ I A/A/?008 031\1 03tf ~ \ \ \ \ I \ l l I I I I ' ...:-, °',)~ )l 9,;;<t 't) i ~ \Ilk QI.I:· \ • \1'1 I'.) fl .. ..t-3 .l, 9 I ✓ ~ - (\ ~,vz . ~7 .. I A' ,,, Prepared by the Community Deve lopment Department for the Board o f Zoning Appeals meeting on March 19 , 2008 ,..,, Page 7 of 10 = .... -llfNu,C"""O-tl ! ' -! llMnm:ai•nt Omr.t11tr lliMlqnirt ~ ,..._,a,..,, •••••G . ..-,Nc ffllllm &,ihffl Dt.9:&tUI 4/4/2008 Prepared by t he Communit y Development Department for the Board of Zoning Appeals meeting on Marc h 19 , 2008 Page 8 of 10 A I A /')(\(\Q Picture I: Subject property Prepared by th e Community Development Department fo r th e Board o f Zoning Appeals meeting on March 19 , 2008 Pa ge 9 o f lO ' . A I A l'1()()Q Picture 2: Another view of subject property Prepared by the Community Development Department for the Board of Zoning Appeals meeting on March 19 , 2008 Page 10 of 10 ADJOINING PROPERTY OWNER LETTER (MINOR VARIANCE ONLY) Name of Person(s) Requesting Variance(s): fZ i <!.i-l:14rf:_ ?> f> ~ 5 u s f't~ ,c. I? u. r-11 t./6,(,) lf-t:. ;Cl/-t-pf.£ 0(/-r For prope:qy located at /3 VSD ?,e.J ,J, t>1u H c.-,4_ /.f-1,,(_~ De. Fulton County, Georgia. • l • The v ariance is from the standards of the Fulton County Zoning Resolution pertaining to a request: lf DD DE ,14C'tfEl> GJ.4-12'14-&£ w1 n-t !3/21=£.zc 0 ,4 :::;1 ---·- I (We) the current property owner(s) ofproperty located at /o#IJ ~~c/2 {a,,b_. cl#. Georgia DO NOT OBJE(:i' to the requested variance(s). , .. ~ ... -- ✓ Property Owner Property Owner I (We) the ~~ent property owner(s} of property located at _____________ _, Georgia DO OBJECT to the requested variance(s). Property Owner Property Owner Please return this form with variance application representing signatures of all adjoining property owners (Note: The adjoining property owner configuration is illustrated on the back page). -·-~ . ..._ ....... _.: ,.... ......... r--... ~ ~, -.. ....,_.~ FULTON COUNTY RECE1vr:::r .. c,ty Jf ·lto:1 ',0111rnLr' v 'll:l'✓>iopn,P.r, ADJOINING PROPERTY OWNER LETTER (MINOR VARIAN CE ONLY) Name of Person(s) Requesting Variance(s): ,z i <!.f-.1. t'./Jc': ?> [) ?/' S' u 5i4,,,_/ £ /? u. 1 7-1 r/6/) /f--L ,C,H~i-e 0(/T For propeqy located at/ 3 YB"'-' -?1-:.tJtJ, o,u.-'c.~L-/.. /f ?<-£ De Fulton County, Georgia. I . The variance is from the standards of the Fulton County Zoning Resolution pertaining to a request: 4,2D DE.T~~CH-cO G::,r4-,z-14-c;;,;;: t..~_;,n±: /3/2F-t=:.z£ ;J,4-j I , (\C.....\.._ L ,:.--l(2_ 0 '2._. -v Property Owner I (We) the c~ent property owner(s) of property located at ____________ _ Georgia DO OBJECT to the requested variance(s). Property Owner Property Owner Please return this form with variance application representing signatures of all adjoining property owners (Note: The adjoining property owner configuration is illustrated on the back page). --·-~ . ..._ ..... -_.-; ~ ~ .... r--... ~ ,, ---;w ....,_.~ FULTON COUNTY ADJOINING PROPERTY OWNER LETTER (MINOR VARIAN CE ONLY) Name of Person(s) Requesting Variance(s): 1Z I C" 1-1tk· ,,.> ,) ~ ,_;<,:,vi,, ,t , r 'H 1 1 t.. rT I// For propeqy located at / 3 t1i l, ,. ~ ·£, ,. , o 1 ... ,. , ,. /1 j,,i... ,_>~ Fulton County, Georgia . . The variance is from the standards of the Ful ton County Zoning Resolution pertaining to a request : /i I ), ') o 1 .,-h c ,-t £: , > c.,_ · , I,· 1 ~ c, t l.... , I /-/ , , I-t I ::-~ , . t • i ----·- -k I (We) the current property owner(s) of property located at / 3 V '5 .--/Jg~/, {>£.,Jc (A .:.,: r> 1: 1, 1/t_ Georgia DO NOT OBJECT to the requested variance(s). : ~'. .. I (We) the current property owner(s) of property located at _____________ _ Georgia DO OBJECT to the requested variance(s). Property Owner Property Owner Please return this form with variance application representing signatures of all adjoining property owners (Note: The adjoining property owner configuration is illustrated on the back page). -·---,...._ --·_.,;; ,.. __,. .... ..--~' ,, -~ ....,_.~ FULTON COUNTY ADJOINING PROPERTY OWNER LETTER (MINOR VARIANCE ONLY) NameofPerson(s)RequestingVariance(s): rz i <!.i-U4u:.,..,_?> /) -4= Susi-4:Aj ,c K t-{ r7-f i/e,!_J it--t.. ,o/-f x-e £TT+ For propeqy located at / .3 t 8' D f' ,e ,1 ,Ir o If ~-'"-' L. ✓c /( d. ~ ,:> c:. Fulton County, Georgia. ' . The v ariance i s from the standards of the Fulton County Zoning Resolution pertaining to a request : 4,) 0 DE. T i.-'t-C' if£ h G:, ,4-,;? ,-1--c;,,£ ll) 1 n:t= 13 P-t=,c:::-z £. i<JA ';j 1 (We) the current property owner(s) of property located at ; J ti-ro v1 Mr'(_L-,-~ Di/ v v . Georgia DO NOT O B~ST to the requested variance(s ). ~ ,4/ f h uv ctt fL.. ~ ~~j~r U~ E P/~wncr ~ I (We) the current property owner(s) of property located at ____________ _ Georgia DO OBJECT to the requested variance(s). Property Owner Property Owner Please return this form with variance application representing signatures of all adjoining property owners (Note: The adjoining property owner configuration is illustrated on the back page). FULTON COUNTY J....o-, -# Co ADJOINING PROPERTY OWNER LETTER (MINOR VARIAN CE ONLY) NarneofPerson(s)RequestingVariance(s): e i<:.t-U4tf_?> [) t Su.si,4,J tC l?t-< r7-fr/c ,<..J it-'-,c,/-1-,f ear+ For propeqy located at/ ..3 y:3:.:.1 ?JC&)1/, o,u..-'c~L-A. /-f ?(_.r;;,__ l>c Fulton County, Georgia. ' . The variance is from the standards of the Fulton County Zoning Resolution pertaining to a request: 4,?D DETv'1c C'H:E0 Cc,,4--1;:'14-Cr-,£ L<.)i Tt±: 13/<?t=FZc. ,J,4-j I (We) the current property owner(s) of property located at _____________ _, Georgia DO NOT OBJECT to the requested variance(s). ,~-... .zo Property Owner Property Owner I (We) the current property owner(s) of property located at ____________ _ Georgia DO OBJECT to the requested variance(s). Property Owner Property Owner Please return this form with variance application representing signatures of all adjoining property owners (Note: The adjoining property owner configuration is illustrated on the back page). ---~ . ...._ ---·_.-; ,_ ~ ..... r--... ~ ,, ---;w ...,_.~ FULTON COUNTY " /(\.£City of Milton PETITION NUMBER(S): PROPERTY INFORMATION ADDRESS DISTRICT, LAND LOT 13071 HIGHWAY 9, BLDG 300 2/2, 1042 OVERLAY DISTRICT SR 9 EXISTING ZONING C -1 ACREAGE 15.382 EXISTING USE FUTURE LAND USE DESIGNATION REQUESTED VARIANCE(S) RETAIL/COMMERCIAL NE IGHBORHOOD LIVING -WORKING V0S-011 1. To increase the maximum allowed square footage for a wall sign (Article 33 .26 .1.G). REPRESENTATIVE ADDRESS PHONE AIA /')(Y \A Tom Tyson , Signal Signs 440 Six Flags Parkway Marbleton, GA 301 2 6 404 .941 .9900 Prepared by the Community Development Department for t he Board o f Zoning A ppeals meeting on April 15, 2008 Paqe 1 of 9 ~.-,lCi1 'f ot r•.mun Fu l>D Cou:nl)', ~r~I V~Oll --steel -st'@a~ --u.s r •i.y -stale Ro ut~ lak e& D FL llon ccun~1 03rne1. D wt:j€ct_sne D c~:i•u --.s Fee1 0 la LOCATION MAP Prepared by the Community Developme nt Department for the Board of Zoning Appeals meeting o n April 15 , 2008 A I A /')(\(IP. Paae 2 of 9 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONT ACT ANGELA RAMBEAU 678.242 .2539 Background: The site, 13071 Highway 9, is located at the corner of State Route 9 and Webb Road , and is within the State Route Nine Overlay District . The property is zoned C -1, per Z84-223 and Z84 -224 and consists of 15 .382 acres. The subject business, Staples , is part of the Deerfield Place retail development. Phase two consists of 122 ,560 square feet of commercial and retail uses. The applicant, Tom Tyson , representing Staples , is requesting relief from Article 33.26 .1 .G to allow an increase in the maximum allowed square footage of a wall sign . The Highway 9 Overlay allows each place of business to have two wall signs that shall not exceed 100 square feet or 5% of the applicable wall area , whichever is less . According to these regulations, Staples could have two 100 square foot signs (5% of the wall elevation would be 126 square feet). Staples is requesting only one sign measuring a total of 151.25 square feet. A I A /'lnnA Prepared b y th e Community Development De p a rt ment for th e Board o f Zo ning A ppeals m eeti ng on April 15, 2008 Paae 3 o f 9 ADDITIONAL DEPARTMENT COMMENTS The staff held a Focus Meeting on March 19 , 2008 at which the following comments were provided : BUILDING PLAN REV I EW NO ISSUES STAFF CONTACT MELISSA HENDERSON 678 .242.3292 SITE PLAN REV IEW NO ISSUES STAFF CONTACT JIMMY SANDERS 678.242 .2543 ARBORIST Once the trees mature, the buildings STAFF CONTACT MARK LAW will be fairly well hidden . There will be 678 .242.2552 approximately 50 tress in the parking islands directly in front of Staples . DOT/STORMWATER REV IEW NO ISSUES STAFF CONTACT JIM SEEBA 678 .242 .2559 Standards for Consideration: The applicant has indicated a justification for variance based on the following standard(s): 1. Relief, if g ranted, would be in harmony with, or cou ld be made to be in harmony w it h, the general purpose and intent of the Zoning Ordinance. The applicant states that the huge setback (500 feet) from Highway 9 will li mit visibil ity of anyone driving along the road. Also, because the Target store is so large, it wil l overshadow the Staples bui lding . The variance wi ll give Staples the visibility it needs to support the store s"'immediate and long term success . 2. Conditions resulting from exist ing foliage or structures bring about a hardship whereby a sign meeting minimum letter size, square footage and height requirements can not be read from an adjoining public road. Staples has stated that, by their count, there are 6 out parce l buildings a long Highway 9, which wi ll prevent customers from having a ful l, direct view of their building. There are approximately 50 trees located directly in front of the Stapes store. The applicant states that if peop le don 't know where the store is located , their sales wi ll suffer . 4/4/?00 R Prepared by th e Community De ve lo p ment Dep a rtme nt for th e Board o f Zo nin g Appe al s m eeting on A p ril 15 , 2008 Pa ae 4 o f 9 Recommended conditions: Should the Board choose to approve the application, Staff recommends the following conditions(s): STAFF HAS NO RECOMMENDED CONDITIONS AT THIS TIME. ATTACHMENTS: Letter of appeal, site plan, sign detail/ elevations, pictures AIAl?MA Prepared by the Community Development Department for the Board of Zoning Appeals meeting on April 15 , 2008 Page 5 of 9 tt .i1 was £-as•,·. 5bpl<!S., Inc. Ci,'v of Mi l:o n. Gl1 To whc-'11 i 11y 00I11:e rn , LETTER OF APPEAL VOS-011 S0O St:s!lles Dri,e Fr~mll'lgl'lar,,, MA 01702 I I ,s IH lll,!r ,s l •P.in;i .·uli 11 illF.<I lo vm · ltG llltun I::ir tile purpose 01 outu :i ng :st~lcs · n~ec: co insta'I an Llurr ir ill(!C 1m·· tafi "S APL s· IA f.l!r •. et o, l ·)e store front a'e'/a . n of OJr pending new !tore a: 1wn Hiyhw.y O Nc-rlh. Tne '01 cwIna h3rdsr Ips ;; re listed for he re;1 so 1s why the 5i9 n ·~,-1 ri.;m c;e is b1fr9 !!qu+i~ 1"1ll : f } Tho HUGE setback from tho m:aln road (Highway 9 North) -Our Stap ,s b ilding is setbr1::k rlppmrin•atel, 500' f om lhP. road. /,s a result . oL slorefr::.ni sgn 11i sibilily wilf be V'i'ry ti m ilec IIJ the naked eye drivirg by o th e high ... •e ~·-How a re v,e able l o attrac t :;u:;lomo :; if cur vf:iibll ly i:,;. tl,!UULe ll? 2) Thi! nu muous out par cel stores in front of t he St.a plH storv -By our ccun:. !hero a r c s i~ (0) d ffere-i 1 fraeatand irg c ut p-arcel ~toras along Hwy 9. Thii; I110,11 Is r.ltc1l 1.;LSlu1ner:;. do NO T h.c1vc "ful'. direct view of cur buifd i g. 1r people don"t k now wt ere ou s tore i~ loCi.lted . c,ur snlus will dolihltely rn no r. '.!) Best Buy and Target overshadow our smalll!r build ing -ee causo o f tho '-I UGE !>uUrg!. Iha! Be&t Buy & Ta r getha•,e in l h.s sair;e Ii oppi ng ~nllil' ;;i;, St;iplilS, we wan lo m, k<J $lJf'C !hu t we do net ge! '"b:st in U1c u u1,·u·. 4) Lack of panel size on tl'u! shopJ)ing cl!n l•r pylon sign -Stnp cs onlv has a vary small tenant at I on tlte nultl-l@11anl {j r o1, ,ti sl~n . fh11 ,~fo,~. St;i e9 ,, < ,119 10 1ro ·rn i7n thr-l !<i (:IMQP. nr I O bu klo11g to comj)el):;OtC (O,' lhb I· r)C1cop . By al owing U!i ;o promi nen ly adve111se c ur s1ore • !or.a l r,1ffic, S1a plP.s wU I cornrcttat:ily know It a: o.r sto re is recei,,;nq maicj rrum exPQ5Ure l o OCi:l l lr;iflic. nt h,winn a {is t>lfl bu ki ir ~ sig n al an in<:re;;s!!-:1 ,i7P. will irnh s!Ant ;illy rP.-:lu<:!! n11 r ,1:i ,lily ta hm [} i n r.uslomers , w lt :t l' 11a '.>' trnpa1~ our immedi:ile illr,d lo term succesGeli al lttis new lcca lion . AIAl'?MA Prepared by the Community Development Department for the Board of Zoning Appeals meeting on April 15 , 2008 Page 6 of 9 :i I r I A I A /'l/Y\P. SITE PLAN for VOS-011 Prepared by the Community Development Department for the Board of Zoning Appeals meeting on April 15, 2008 Page 7 of 9 A/A/'JMA STORE ELEVATION for V0S -011 fiiiritiii1~ I I I L- I I i Prepared by the Community Development Department for the Board of Zoning Appeals meeting on April 15 , 2008 .. . iii -:; . :i .. Ill Page 8 of 9 .. A I A /')(\(\Q SIGN DETAIL for VOS -011 ---------·.• --y = --.-----_,,_.,.,._.....,.,.,....m=,-•.T ~ ii l8 i HmX'fVI tJll!IRlflilil!tlal,tiilillil!ilM...O'V i 90/lt /t XWI iib d liiiijiiiiJI iUi5 T e 1iiiit~1i lMI :l!Mi511•·411.....,r'\" I 90 : aw lrlll 11111 .iii!i\ii,W pt:W ,r • ffi},,l/2 GMO jijllli ,1110 .... ,, 1151111411111 JIUjijij -~ V :! ij i ij i :am :r,,11111 •11u1 WiiJ ~ e::D @b ; • ... • .. ... ti ~ • .. .. • .. .. • .. • I: 1 ~ I r I I • /, J, i NOll:>3S tf3ll3103NIVlNO:> ::t13S Prepared by th e Community Development Depart ment for th e Bo ard o f Zoning Appeals meeting o n April 15 , 2008 Page 9 o f 9 " ~ £c ity of Milton PETITION NUMBER(S): PROPERTY INFORMATION ADDRESS DISTRICT, LAND LOT OVERLAY DISTRICT 2410 BETHANY BEND 2/2,894 NORTHWEST FULTON EXISTING ZONING EXISTING USE FUTURE LAND USE DESIGNATION AG-1 ACREAGE 14.3 SINGLE FAMILY RESIDENTIAL AGRICULTURAL , FORESTRY , AND MINING REQUESTED VARIANCE(S) 1. To allow an accessory structure in the front yard {Article 5 .1.3.I}. PETITIONER ADDRESS PHONE ,1 1,11'JnnA Victor Siegel 1400 Buford Highway Sugar Hill , GA 30518 949 -351 -7712 Prepared b y th e Community De v elopm e nt Departme nt fo r th e Board o f Zoning Appeals meeting on April 15, 2008 VOS-012 Pagel o f 16 ·",iClty of MIIIOI' F iltou COlillty, Gi!or,gi.a VO S-0 2 --s:reet --s:rearn& --. .:>1-toAy --&,-!! RDU:2 a,u D or ColJrr.)' P.rce, r::z:J 1 ' - LJ Cl tyLrnH6 LOCATION MAP ~ Old •Northpart1 .Ln i 1----------• ......---,1 X .d/.d/?00,9 Prepared by the Community Development Department for the Board of Zoning Appeals meeting on April 15, 2008 Paqe 2 of 16 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACTANGELA RAMBEAU 678.242 .2539 Background: The site, 2410 Bethany Bend, consists of 6.777 acres zoned AG-1 . The property is setback from the road for over 953 feet. The applicant, Mr. Siegel states that he purchased the property in order to keep horses at his residence. Article 5.1.3 states that accessory structures may be located in rear or side yards, but shall not be located within a minimum yard. Mr. Siegel intends to build a 36'x60' horse barn modeled after the main house with similar colored stucco, metal eves , windows and overhangs. The applicant has chosen two possible sites for his barn, both l 00 feet from the property line. The first site is an area in front of the house that is currently covered by non-specimen pine trees. In this area, the barn would be approximately 500 feet from the nearest neighbor. Mr. Siegel states that he would selectively clear additional pine trees in this area to make a shaded pasture area for the horses. Site two is located to the side of the house, where only a small portion of the proposed barn would extend into the front yard. Here, the nearest neighbor would be 550 feet away. However, site two lies right along the driveway easement that the neighbors use for recreation and to access their property. The applicant has requested that the Board approve one of the two locations; however his first choice is site one. AIA/')MA Prepared by the Community Develo pment Department for the Board of Zoning Appeals meeting on April 15 , 2008 Paa e 3 of 16 ADDITIONAL DEPARTMENT COMMENTS The st aff held a Focus Meeting on March 19 , 2008 at which the following comments were provided: BUILDING PLAN REVIEW STAFF CONTACT MELISSA HENDERSON 678.242 .3292 SITE PLAN REVIEW STAFF CONTACT JIMMY SANDERS 678.242 .2543 ARBORIST STAFF CONTACT MARK LAW 678.242.2552 DOT/STORMWATER REVIEW STAFF CONT ACT JIM SE EBA 678 .242 .2559 Standards for Consideration: NO ISSUES Placement of the proposed barn in the Site 1 location appears to provide better screening from adjacent neighbors. The Northwest Overlay District 's intent to exclude accessory structures from the front of residential dwellings was primarily intended for buildings situated along collector/arterial roadways. This proposed structure is over 900 feet Freemanville Road. Two adjacent parcels currently house horses-one to the southwest, and one to the north . Additional trees will have to be cleared for pasture. No specimen trees appear to be affect ed. It appears that the trees proposed to be removed in the front of the house are new growth pines . NO ISSUES The applicant has indicated a justification for variance based on the following standard(s): 1. The application of the particular provision of the Zoning Resolution to a particular piece of property, due to extraordinary and exceptional conditions pertaining to that property because of its size , shape or topography, would create an unnecessary hardship for the owner while causing no detriment to the public. A I A /')()()A Pr epared b y th e Community De ve lopment De p a rtme nt fo r the Board o f Zoning A p p eals meeting on A p ril 15, 200 8 Page 4 o f 16 There is limited area in the side and rear of the house to place a barn due to topography, the pool and deck, and the pond . The Ordinance requires that any structures housing livestock be placed a minimum of 100' from all property lines . Mr. Siegel is also required to place his barn 100' from the edge of the water of the pond. The applicant has stated that even with the necessary trees removed at Site 1, the barn would not be visible from the adjacent property . The applicant prefers Site 1, as more grading and land disturbance will be required for Site 2. A/A/?008 Prepared by th e Communi ty Development Dep a rt ment for th e Board o f Zoning A p p eals m eeting o n April 15, 200 8 Page 5 o f 16 Recommended conditions: Should the Board choose to approve the application, Staff recommends the following conditions(s): 1. Any fencing should match style and color of adjoining property. 2. No specimen trees shall be removed for placement of barn or pasture, per City Arborist. ATTACHMENTS : Letter of appeal, site plan , aerial view, pictures A IAl?()()A Prepared by the Comm unity Development Department for the Board of Zoning Appeals meeting on April 15 , 2008 Page 6 of 16 A I A /')()()A LETTER OF APPEAL V0S-012 V08-12 Tv . C it s-lJf° ·l ill m J 300( Dcc:fidd l'arb.:vay S ui1e 111:C Milt,111. (k:n~i:1 J0(1 1 -1 RECE.\\IE.D From : Vi,~tl)r Sie~I MIi.~ 0 .\ 1.00 24 10 He lumy B,_id . ill 11(1 (i (;T~!i:1 '.l.•)0(14 K c: .. Lett er of :\, pea:" :\1.,ccs~ ry struc tur e m frnm ~rard D ear Si 11-. I have roccn ly purc h1 sc d (2 i 25 i08) th e prnpe n 'a t .:!410 Becllany Ben d. ::\:l i ton (jeorgia I pur -h!1 · cd lhc pn>po 1y so l wou ld be a b[c to keep my horse s :i t my :·t'"Sil.lc ncc . I luw • J'e ·,ie"'1t·oo lhe m u s l s ui1 ahle si tes <m m y properly for Lh~ 1:1 .:ut ion ,i f u .l6' ,i 60' hmsc bum u I Jlll ,..,' fou nd 1,w potrnt i.11 buildil ~ sitt'"S _ Eithe r s ite wou d req ui re a "vmiancc .. due to ti e Hicl ll uu in "',i lc l"ull ,,r lhc pmpn,m,1 s lmt:ll m: i, in lh1: ti-rml y:m l ancl as in 'silt:)." ·1 poJt ion c1f1 hc prn >sc ~ln 1l'l u1c wuuhl. u1.: in lh~ li ui .l y:111.l u r 1l; i:Ai~li u g I uuSl ;, \.\:hen th e ho se n1 24 IO Oelliany [k u<l wa!> ,n-i_g,im1ll._y l"lm!>lructta.l 1he hc 11se w,l ~ ,el as far hi . .;~ un 11 o.: lot w, possibk. A,tdill 1.m:i lly . l ·re is :1. pund and strl~tm in Liu.: bttc · yanl. J hn,-e. u·itXl 111 li .'(un: a w1 y· to bvi ltl my b 1m in I.he bl1ck yml bu1 h.ivc ru in lu n umo.:r ·11s 1>r;iblem s du .: m ,l v3ri e l_ l)r !>t:l bilc l. requi11.:1t1t'u i~. I rr m:,l be 100 kd li-o m lh pl'Up «ly Ii,, :u d I u ·1 h1r ,c ;11 k a~t 75 fr,·t fro 1r. a ·•s a11<l i1 g body of \\':tin ... I colll •J build a sl l'tl l'O w ban : in tlu: urea or when: "xi lc 2" i s cklliikd c>n the plat m ap however i t wou ld nnl he C(imp l cmc1 l ,ll y l u l ite ,in: u1 t he 11t·igli1 ,t11l 1ornl T h~ .s lruo:lur~ 1 ;1111 p r,>p<>,;i ng tn hui ld (sec lcvn tions :u,d h,;i ldin g plam:) ( .) ,,.-ou ld be 1110!':c oo mplementar 'an d aeMh e i.::ally p lt:u~ing r, r nil cun~n11itl ff 1. ,,.-r;r,; in r 1~u 1h • i1e I '.o ... ati o n. lhe :o;uucl re WN11<l he Hh)1tded or er lhe ·nu·n lmui.t: wiLh sim ilar ,:nlomd ;tu co , 11ctlll ~-cs. wi ndo ,--s and o~\,Th.-inµ,'~-TI,c rc C.:iri: ,t.i you c-0 mt: up lh.: dri"t.:"·aJ i1 w<•ultl bl w l i tu l.hl· uwrall sit· n cc ly. Add 1t1o mtll~ my propc11~· JS set back 1ro m d1c mJin road by ovt:r 95J fi.:d . T e pn•po,:cd ><itc I keation "ii >lJlP""·· :'i'.I(} "cc to 1 ,,. uc ghbor to the a.;t, ovcr 730 feet to my ne ighbo r to che we<it, ,we1 · :5fl0 teet w my neigl,bor 11> lht, ·o.1H1 n ti 650 foct to my neighb or to th e nort h. All my ncighlxHs and on,:-!:r ot' my proi>e rty l.J.\-e I d1m,;t: li.1re5l bm11L-:-in!; th .: pr.•p,•rty ,1 ,1 c,-1,-r1 wit.'.1 ,..,inh:r fo liage lht: s1n11:Wrt: would b • bar dy vi~iblc. lf t bc vr ·i111 1cc i" no t :J pprnvcd for l\c s ill' I Jocotioo , tll..:n I tc4 u l'~l lh.; bu11rJ ),.:,o k a .i ite 2-J cm1 ld I ui Id t he :-;-me ham us in ll1 t: :;it.c 1. prc 1p-,1.-;1.1l o n ·i1c ::! if I wi.:rc ~n n(l>ll u IO fo ol vm;:mcc. Si t e 2 t>•"Qt>OS ;?<I •i te l.Jc3tic-o s.till offers. setba1:h 10 n~iH hbor.s u l°600 le~. l,> Lh..: l "a..'i • :'.i:if:o h:d u> tl1t: wt:!-1, and o(l{I r.:c 1 ll! 111,: wu tlt 11 .d !:50 fc(.,'1 to the nonh ncigl bor _ S:te ~ I c-,weve 1. lies clo e r lo Lhe drivcw:t:,.· ct1 ·1,'1t11.:o l !h ilt my lc-t p:·ov idcs fo r the neigh bor Prepared by th e Community Development Department for lhe Board of Zoning Appeals meeting on April 15 , 2008 Page 7 of 16 AIAl?MR V08-12 to the 11 oi 1h. I h~ si t · wt,ukl requir e or· grading a.n sile pre ,,a rnho n 1f an r.ilt: I . A h 1, :1ccc~s co the bJrn w(lulu h ll vc :(l he fmm :i ')(,,'">', dr1,.,,.,..a y tl uu JJ\:i al o n~ Lbc l'C:.-1 1.,nl Pl\'JX,'1"LY bound ur y vcr. cs as ii ,iL~ I 11ili711\~• Ilic-~~i_..1 ing d · vcway. In l7 •·ic:w. I re<1uc~t tbnt :1 vnrirn ' fo r a t\ Acee 5,ory ·uuduc i11 Lllc rlll11l Y,ml h.- gmnterl 1i1 r t he pro1.•t •~cd i.i 1c u nc loc3tion . If that is not po,.~ib l;: th:n I rc que i-t cha: t he va r i:u.-e fo( !>i (~ 2 bt: ~nm h:d whi ch onl y c~tcnds ;i rpn-1xrnrnt~ly 11) feet into t b .. frc, r yard ··, ·;1, 'I hank. yo u for your a.'>~i~lanc:c. Vicco,· ~iegd Prepared by the Community Development Department for the Board of Zoning Appeals meeting o n April 15 , 2008 Page 8 of 16 7:) 0 (0 (1) -0 S, 0-- 7:) iil 1) 0 g'iil 0 0. a.~ Q. 3= N (1) g () -· 0 cB 3 )>3 1) C 1) 2 . (1)-< Q_ 0 V, (1) 3 < (1) (1) (1) 0 =-1) ;:) 3 (0 (1) g~ )> 0 1) (1) ~ '8 ~ ::i -3 t:s (1) g~ Q 3= (1) -· ' ~ ...... -.. ,. .,,,,,., ...... ,.,, -1 __ .,., .. :,-......... -- '? ~ ... .,. ~ ... . .· .. .,. .... .,.. .... -~,. I s'Ji ":!.,,' ;.•} I •-• -C ••I ~.)--.• •· ----,•--,,~_...,. ~-, ,. ' 'I .' i'} ., _ _, __ ,' i'~, I '"'t . ..' I TQ'I:_/ll. ~.it"=li.777 ~ ... --;r--- V08-l2 ,. .. -,· (• .:.'s.,.,..,:.,..:J... .. 'Tr.·~ .. ·4 ~k.,.:~-,,•) 9ECEIVED l'A, I) L, C tit al 11 11 C,:?m u, ,t..-Cc-•-obpr"".t 1 ~EY~- ~,c, wtW.&tf',.;zJ, .. ~ ---~-.... ~ M.:.r r ... ...,, ITJ ' I ' .. 7 I ~: .... -~ ,: _/,~~ ... · _/ . •-·-• .. ::.:::.:,_ ..... •' Ho-., J f ,:, .. ""' -~ V, V, :::::; Cm O" .,, 3 ► 3:Z ~ -a. Q w< ......... 0 ~ 0C) o• 0C) g i,..) 4/4/?008 AERIAL VIEW OF SUBJECT SITE Prepared by th e Community Development Department for t he Board o f Zoning Appeals meeting on April 15, 2008 Page lO o f 16 . ,.. 4/4/2008 Picture 1: View from Freemanville Road Prepared by t he Community Development Department for the Board of Zoning Appeals meeting on April 15 , 2008 Page 11 of 16 4/4/?008 Picture 2: Proposed site #1 Prepared by the Community Deve lopment Department for the Board of Zoning Appeals meeting on April 15 , 2008 Page 12 of 16 Picture 3: Front of house & proposed site #1 Prepared by th e Community Development Department for th e Board of Zoning Appeals meeting on April 15, 2008 Page 13 of 16 4./4.l?()()P, Prepared by the Community Development Department for the Board of Zoning Appeals meeting on April 15, 2008 Paqe 14 of 16 .d./.d./?OOA Picture 5 : Another view of proposed s ite #2 Prepared by t he Community Development Department for t he Board o f Zo ni ng Appeals meeting on April 15, 2008 Paae 15 o f 16 4/4/?008 Picture 6: The pond at the rear of the property Prepared by the Community Development Department for th e Board o f Zoning Appeals meeting on April 15, 2008 Paqe 16 of 16 PETITION NUMBER(S): PROPERTY INFORMATION ADDRESS DISTRICT, LAND LOT OVERLAY DISTRICT 15975 FREEMANVILLE ROAD 2/2,338 NORTHWEST FULTON EXISTING ZONING EXISTING USE FUTURE LAND USE DESIGNATION AG-1 ACREAGE 2 SINGLE FAMILY RESIDENTIAL AGRICULTURAL , FORESTRY, AND MINING REQUESTED VARIANCE(S) l. To allow an accessory structure in the front yard (Article 5 .1.3 .1). PETITIONER ADDRESS PHONE A I Al?MA Robert Bohensky 15975 Freemanville Road Milton , GA 30004 770 -778-0916 Prepared by th e Commun ity Development Department fo r th e Board of Zo nin g A ppeals meeting on April 15, 2008 VOS-013 Pa g e 1 o f 18 ~'<}City ot '.\•1 l:on Fulro:i. Co·.mry, Georgia ·o s-0 3 --Sl:ee1 --SL-e3ll'o --u s. -fl'i)' --Sla1eR.o1Jle llke; LOCATION MAP D l:f "ll'021, [ZJ He □. Feet 0 3 QO A /,i/')()()A Prepared by the Community Dev elopment Department for the Board of Zoning Appeals meeting on April 15 , 2008 Page 2 of 18 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT ANGELA RAMBEAU 678.242.2539 Background: The site , 15975 Freemanville Road , is zoned AG-1 , and consists of 2 acres. It is located in the Northwest Fulton Overlay. The property includes a house, with a deck and several outbuildings. There is a small pond, fed by a piped stream, adjacent to the house, and a larger pond in the southeast corner of the property. The property includes grassed areas , as well as heavily wooded areas. Along the road frontage of Freemanville Road , the property is bordered by a wire fence, and thick vegetation. The applicant, Mr. Bohensky, is requesting permission to place a barn in front of his house, within the minimum front yard , approximately 15 feet from Freemanville Road . Mr. Bohensky intends to use this building for storage, and to house horses . He will remove three of the outbuildings currently on the property, once the proposed barn is built. Staff has observed that the house is barely visible from the street due to heavy vegetation . A I A /'1(V)Q Prepared by th e Community Development Department for the Board of Zo nin g Appe al s meeting on April 15, 2008 Page 3 of 18 ADDITIONAL DEPARTMENT COMMENTS The staff held a Focus Meeting on March 18 , 2008 at which the following comments were provided : BUILDING PLAN REV I EW NO ISSUES STAFF CONTACT MELISSA HENDERSON 678 .242 .3292 SITE PLAN REVIEW Obtain required demo permits for STAFF CONTACT JIMMY SANDERS outbuildings to be removed. 678.242 .2543 ARBORIST It appears that no specimen trees will STAFF CONTACT MARK LAW be affected by the proposed barn. 678 .242 .2552 The property is bordered by dense vegetation along Freemanville Road. DOT/STORMWATER REVIEW NO ISSUES STAFF CONT ACT JIM SEE BA 678.242.2559 Standards for Consideration: The applicant has indicated a just ification for variance based on the following standard(s): 1. The appli cation of the partic ul ar provision of the Zoning Reso lution to a particular piece of property, due to extraordinary and exceptional conditions pertaining to that property because of its size, shape, or topography, wou ld create an unnecessary hardship for the owner w hil e causing no detriment to the public. The applicant has stated that the shape and geography of the property limits him to the one area where he is requesting location of this building. There are two ponds, and a culvert on the property. The west side of the property is steep and full of trees . A I AJ?nnA Prepared b y the Community De v e lopment Departm e nt fo r the Board o f Zoning A ppeals meeting on April 15, 2008 Page 4 o f 18 Recommended conditions: Should the Board choose to approve the application, Staff recommends the following conditions(s): 1) Maintain the existing vegetation along Freemanville Road. 2) Remove the two existing outbuildings in front of the house. ATTACHMENTS: Letter of appeal, site plan, aerial view, pictures .d/Al?MR Prepared by the Community Development Department for the Board of Zoning Appeals meeting on April 15 , 2008 Page 5 of 18 ,11,1/?fYlA LETTER OF APPEAL l rnn l\":fl ll c-s mr, a v;i.1fance co the ;;tan a:d ~o.:le to uikl a bam / stornge b uildin~ iu au u,c a •,fa-1' it ,.,uuhl [,-_; b,c:,t "ui lt:J i11 u i ut:1 111 Im,·,; 111i11 imal Ll i~lw bam.:.: anu n::pl m.:t: J ~:xist"ng builru nr,, in cht s:u 1e are a. I ht sl".ap<! a11, ~. 1>!),mph:,, ,1!'1he pn'J>er l y ir I t~ 111e 1.c, the ,:-ne a!\'.a v.:he:t: l au. n ·quL·:,lin.; bu lio n o r lhi :i bui l inl,l . . \-ly Loe bas ;,i natw:i.l lven. runnin g lhrough Ll I:! nidJle o f 1h • pn; pt:r ly 11 1,11 ul l1>w~ run- o -fror:1 the m<eeL l 11.: w~,I siifo Dr l ht: pmp,~1 :,· i-. \l,x:p irnl ··1111 of"Cn:,:'\. ~in~ rely , L~tt 1✓~ l11'0pe1'ty O-.H,et Prepared by the Community Development Department for the Board of Zoning Appeals meeting on April 15 , 2008 Page 6 of 18 ,i/ ,i/?MP. SITE PLAN for VOS-012 Submitted 3/4/08 Prepared by the Community Development Department for the Board o f Zoning Appeals meeting on April 15 , 2008 Paae 7 of 18 4/4 /?008 AERIAL VIEW OF SUBJECT SITE Prepared by th e Community Development Department for th e Board o f Zoning Appeals meeting on April 15, 2008 Paae 8 of 18 A IA l'1(V"\Q Picture 1: Proposed location of the barn Prepared by th e Commun ity Developmen t Department for th e Board o f Zoning Appeals meeting on April 15, 2008 Page 9 of 18 ,i/,i/?MA Picture 2: Looking towards Freemanville Rd from proposed barn location Prepared by th e Community Development Department for th e Board o f Zoning Appeals meeting on April 15, 2008 Page 10 of 18 ,t/4/?()()A Existing hou se Prepared by th e Community Development Department for the Board o f Zoning Appeals meeting on April 15, 2008 Page 11 of 18 A I A /')l)l)R Picture 4: Small pond and deck adjacent to house Prepared by th e Community Development Department for th e Board o f Zoning Appeals meeting on April 15, 2008 Page 12 of 18 A I A /')()()A Picture 5: Ex is ting outbuildings to be removed Prepared by th e Community Development Depart ment for th e Board o f Zoning Appeals meeting on April 15, 2008 Page 13 o f 18 A IA /")('\('\Q Picture 6: Pond in the SE corner of the property Prepared by th e Community Development Department for th e Bo ard o f Zoning Appeals meeting on April 15 , 2008 Paae 14 o f 18 ,1/;lf?nnA '~- ·1 ---.... ,..., • .,,.,.,. .... ~, ~ t·t Picture 7: A view of the rear of the property and adjacent property (The applicant's prop erty ends at the back edge of the pond .) Prepared by the Community Development Department for the Board of Zoning Appeals meeting on April 15 , 2008 Paae 15 of 18 4/4/2008 Pictur e 8 : Lookin g wes t Prepared by t he Community Development Depart ment for t he Board o f Zoning Appeals meeting on April 15, 2008 Page 16 o f 18 4/4/2008 Picture 9: View of house from Freemanville Road Prepared by the Community Development Department for the Board of Zoning Appeals meeting on April 15, 2008 PnnP. 17 of 18 !,.t. Picture 10: Another view of the property adjacent to and in back of the hou se 4/4 /2008 Prepared by t he Community Development Department for the Board of Zon in g Appeals meeting on April 15, 2008 Pa ge 18 of 18