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HomeMy WebLinkAboutAgenda - BZA - 02-19-2008"- (: ('C_ity of Milton t ~ Deerfield Profess ional Centre 13000 Deerfield Parkway Building 100 , Suite 107 E Milton , GA 30004 To : MEMORANDUM Honorable Mayor and City Council Board of Zoning Appeals Jeanette Marchiafava, City C lerk Tom Wilson , Director of Community Development Daniel Drake, Director of Public Works Mike Tuller, Deputy Director of Community Development Jim Seeba , Transportation/Stormwater Planning Mark Law, Arborist Jimmy Sande rs, Site Review /Development Coordina tor From: Angela Cu tl er Rambeau , Planner, Community Development January 15 , 2008 Date: Re : Preliminary Agenda Board of Zoning Appeals, February 19 , 2007 , 7:00pm Please be advised , th e following petitions have been submitted : VARIANCES Agenda item/Location/ Request Applicant Approval of January BZA meetina minutes V07-022 l. To a ll ow a concrete detention pond wall to encroach into 13980 Freemanvil le Road the 50 foot stream bu ff er (Article 14 .6.5.a .i ) Wernick & Associa t es V0S-001 l. To allow an accessory stru c ture (garage) in the fr on t yard 15350 Thompson Road (Article 5.1.3. I) Jodi P. Martin V0S-002 l. To al low a total of five signs for the development-four on 12230 Birmingham Road columns, one monument sign (Article 33 .26.2 . A.4.b) David Flahardy 2. To allow a monument sign to exceed the maximu m allowed height (Art icle 33.26 .2.A.4 .a) 3. To al low a residential development to exceed th e maximum a ll owed square footage for signage (Article 33 .26 .2.A.4 .b) V0S-003 l. To allow a guest house in the sid e y ard of a property (Articl e 157 45 Hamby Road 19.3 .5. B.5) Roland and Carla Ebright Jr . 2. To allow a guest house to exceed the maximum allowed square fo otaqe (Article 19.3.5. B.3) V0S-004 l. To encroach into the 75 foot impervious setback (Article 2925 & 2935 Webb Road 14 .7.6.5.i ) Ken Morton 2. To encroach into the 50 feet undisturbed stream buffer ( Article 14.7 .6 .5.i i) V0S-005 l. To encroach into the 75 foot impervi ous setback (Arti cle 2905 & 2915 Webb Road 14 .7 .6.5 .i) Ken Morton 2. To e n croach into the 50 foot undisturbed strea m buffer (Arti cle 14.7.6 .5 .ii) Webb Road Intermittent Stream Variance VZ0S -004 VZ0S -005 Webb Road Associates VZ0B-004-Intermittent Eastern Stream ?!jJ ~-•~ ... /. __ .. . . . ·: -~,, '! ·< .... (. f ·, VZ0S-004-Intermittent Eastern Stream o Stream Located along Webb Road and HWY 9 o Parcel is 1.3 acres o Stream Buffer represent .505 --+a~~~'\ acres making property virtually un -buildable VZ0S-004-Intermittent Eastern Stream 1 VZ0S-004-Intermittent Eastern Stream o Spri nghead located as shown o Stream flows i nto pipe under Webb Road as shown VZ0S-004-Intermittent Eastern Stream o Stream has little fl ow even in rainy season VZ0S -004-Intermittent Eastern Stream o Stream is piped more than 500 LF on adjacent property VZ0S -004-Intermittent Eastern Stream =- ~-==-..:.~--.:..:.:::.£,~---------·-__ .. _ ~--~-~ Georgia EPD Permit Corps of Engineers Permit 2 VZ0B-004-Current Zoning VZ0B-005 Intermittent Western Stream ~z.-::':-':'~-:-=-'-'-:-'--=.:_·_: _ _..: ..... -:-:~ ... :.c;: VZ0B -005 Intermittent Western Stream o Located along westernmost portion of O & I parcel o Proposed variance request asks to pipe approx . 751f of State Waters VZ0B -005 Intermittent Western Stream Portion to be piped, approx. 75 ft Sprlnghead 3 Waters of the State runs Dry prior to lower Springhead (above) VZ0B-005 Intermittent Western Stream o Proposing only 80sf of bu il ding encroachment into impervious setback and 140sf of parki ng encroachment i nto buffers o Site would be unbuildable without t his variance o Ha rdships are not self imposed VZ0B-005 Intermittent Western Stream o Zoning received in 2005 requ i red 25' setback a 2 ½ year process of getting sewer letter o After property zoned regulations added to require additional 50' buffer and 75' Impervious setback o Additional setback requirements eliminated approx. 1.4 acres of buildable land on property owned by Jack and Margie Morton since 1978 VZ0B-005 Intermittent Western Stream o Build i ng less Square footage than allowable density o Includ i ng common Office Picnic Area (shown) o 2,884sf of buildable land dedicated as Green Space (shown) . . . -:-:~':~~!:;~;.::-,;;: .:-:q: __ JJ ) 4 DEPARTMENT OF THE ARMY SAVANNAH DISTRICT. CORPS OF ENCINEERS NOJl111EJlN SECDON REPLY TO ATTINTIONCJI', Regulatory Branch 200501099 Morton Construction Attention: Mr. Ken Morton 2915 Webb Road Alpharetta, Georgia 30004 Dear Mr. Morton: 15'0 ADAMSON PARKW AV, SUlTE lOO MORROW,GEOR.G1A Jll60-1777 June 29, 2005 ..f4[CEIVEB MJN 9 ta- RECEIVED JUL O 1 ZQffi Your application for a Department of the Army permit, received on June 15, 2005, has been assigned number 200501099. A review of the information and drawings provided shows the proposed work is to impact 71.48 linear-feet ofintennittent stream, through piping, for the construction of a retail development. The project is located at the intersection of Webb Road and State Road 9 (south of Webb Rd and west of S.R 9), Latitude 34°05'52"North, Longitude 84°16'2l"West, Alpharetta, Fulton County, Georgia. Your project as depicted on the received drawi~, is authorized by Nationwide Permit (NWP) Number 12, as descn'bed in the January 15, 2002 Federal Register, Vol. 67, No. 10 and subsequent amendments dated February 13 and 25, 2002. The following project specific conditions apply to your authorization and must be adhered to or you may be subject to enforcement action: a. The activity is conducted in accordance with the information and drawings received by this office on June 1S, 2005. b. You access the U.S. Anny Corps of Engineers' Regulatory web address at http://www;sas.usace.army.mil/permit.htm and follow the pennit, corrections, and regional conditions applicaole to Nationwide Permit 39. c. You obtain a stream buffer variance, if required. Variances are issued by the Director of the Georgia Environmental Protection Division, as defined in the Georgia Erosion and Sedimentation Control Act of 1975, as amended. d. You sign and date the enclosed "certification of compliance" and return it to our office, at the letterhead address, within 30 days of completion of the activity authorized by this permit. -2- This verification will be valid for a period of two years from the date of this letter, or until the Nationwide Permit is modified, reissued, or revoked, whichever occurs first. All of the Nationwide Permits are scheduled to expire on March 18, 2007. It is incumbent upon you to remain informed of changes to the Nationwide Permits. If you commence or are under contract to commence this activity before the date the Nationwide Permit is modified or revoked, you will have twelve months from the date of the modification or revocation to complete the activity under the present terms and conditions of this Nationwide PermiL This proposal was reviewed in accordance with Section 7 of the Endangered Species Act. Based on the information we have available, we have determined that the project would have no effect on any threatened or endangered species nor any critical habitat for such species. Authorization of an activity by a Nationwide Permit does not authorize the "take" of threatened or endangered species. In the absence of separate authorization, both lethal and non-lethal "talces" of protected species are in violation of the Endangered Species Act. If the information you have submitted, and on which the US Anny Corps of Engineers based its determination of authorization under the Nationwide Permh~ is later found to be in error, this determination may be subject to modification, suspension, or revocation. Revisions to your proposal may invalidate this authorization. In the event changes to this project are contemplat~ I recommend that you coordinate with us prior to proceeding with the work. · This authorization should not be construed to mean that any future projects requiring Department of the Army authorization would necessarily be authorized. Any new proposal, whether associated with this project or not, would be evaluated on a case-by~case basis. Any prior approvals would not be a determining factor in making a decision on ~y future request. This letter of authoriution does not obviate the necessity to obtain any other Federal, State. or local pennits, which may be required. It does not affect your liability for any fflilllages or claims that may arise as a result of the work:. It does not convey any property rights, either in real estate or material~ or any exclusive privileges. It also does not affect your liability for any interference with existing or proposed federal projects. A copy of this correspondence shall be sent to: Environmental Services, Inc., Attention: Mr. Keith Dych~, 400 Perimeter Center Terraces N.E., Suite 900, At1an~ Georgia 30346. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NWP, please contact Mr. Jason Steele by telephone at 678-422-2730. -3- Thank you for your cooperation with our pennit program. Sincerely, ~ Jason Steele Project Manager, Northern Section City of Milton Board of Zoning Appeals Motion Worksheet Scott Kilgore Variance #: voa-002 Description: (1) To allow a total of five signs for the development-four on columns, one monument sign. (2) To allow a monument sign to exceed the maximum allowed height. (3) To allow a residential development to exceed the maximum allowed square footage for signage. Motion: I move to approve V0B-002 with conditions based upon both harmony with the General Purpose and Intent of the ordinance, and upon hardship imposed by extraordinary and exceptional topography. The conditions that I attach to the motion are as follows: (1) The monument sign at the main entrance shall comply with the ordinance: The sign shall not exceed a height of six (6) feet , and shall not exceed an area of sixteen (16) square feet. (2) The four (4) columns and signs at the two inter-parcel entrances are approved as requested. The columns shall not exceed a height of six (6) feet, and the sign on each column shall not exceed an area of eight (8) square feet. (3) The inter-parcel entrances and the inter-parcel columns and signs shall be constructed as shown in the site plan submitted with V0B-002; or, should the applicant wish to make design changes to these entrances (the landscape design, the columns, or the signage), such changes shall be submitted to, and reviewed by, the Design Review Board and deemed to be in harmony with the design submitted with V0B-002, as well as equally effective at achieving the character of an external entrance. If I receive a second, I would like to read a statement in support of my motion and the attached conditions. Supporting Statement: • Article 33.26.2 A.4.a requires that no sign shall exceed a height of six (6) feet. • Article 33.26.2 A.4.b requires that no sign shall exceed an area of sixteen (16) square feet. • Regarding the monument sign at the main entrance: o There is nothing extraordinary or exceptional about the size, shape, or topography of the property at the main entrance, therefore no hardship exists. o The applicant has requested that the sign at the main entrance be 10 feet in height and 50.41 square feet. This is clearly not in harmony with the standards set forth in the ordinance, which restricts height to 6 feet and area to 16 square feet. There is nothing about the proposed sign or its surroundings that would make it to be in harmony with the ordinance. o For these reasons condition one (1) is imposed to require the monument sign at the main entrance to comply with the height and size standards required by the ordinance. • Regarding the columns and signs at the inter-parcel entrances: (1) While the inter-parcel entrances are not technically entrances to the subdivision, they do delineate differing real estate markets, which consumers would need to be aware of while moving about the area. This is an extraordinary and exceptional topographic characteristic of this particular subdivision, and as such it constitutes a hardship. This hardship, however, is only applicable to the sub-parcel entrances. (2) The applicant intends to add beauty to the sub-parcel entrances with landscaping, lighting, and the stone columns themselves. By taking these additional measures, these inter-parcel entrances will take on the character of a typical external entrance. These measures therefore help to make the signs at the inter-parcel entrances to be in harmony with the general purpose and intent of the ordinance. (3) The proposed signs at the inter-parcel entrances otherwise meet the requirements of sign ordinance with respect to height and square footage. This further makes these signs to be in harmony with the general purpose and intent of the ordinance. (4) Conditions (2) and (3) of the motion are imposed to ensure that the as- built signs in these locations maintain the harmony that is achieved with the proposed signage in the site plan presented to this board. For these reasons, I move to approve V0B-002 with the conditions stated.