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HomeMy WebLinkAboutPacket - BZA - 12-17-2019 Page 1 of 7 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 PETITION NUMBER: V19-012 PROPERTY INFORMATION 14915 Thompson Road DISTRICT, LAND LOT 2 / 603 OVERLAY DISTRICT RURAL MILTON OVERLAY EXISTING ZONING AG-1 ACRES 1.65 EXISTING USE SINGLE FAMILY RESIDENTIAL FUTURE LAND USE DESIGNATION AGRICULTURE, EQUESTRIAN, ESTATE RESIDENTIAL REQUESTED VARIANCES: • To reduce the side setback from 25 feet to 14.5 feet for the existing residence and 1 foot for the accessory structure. (Sec. 64-416, c, 1) PETITIONER(S) David F. Conrad ADDRESS 14915 Thompson Road Milton, GA 30004 REPRESENTATIVE Scott Reece ADDRESS 13685 Highway 9 Milton, GA 30004 Page 2 of 7 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Page 3 of 7 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: CODY HENDRIX 678.242.2513 Background: The site is a 1.65 acre lot located along Thompson Road, just west of the Potterstone Glen neighborhood. It is zoned AG-1 and is located in the Rural Milton Overlay. The applicant is requesting to legalize the current residence and accessory structure on the property that is encroaching into the side yard setback. The tax records show the current residence was constructed in 1975 which predates the current Milton Zoning Ordinance. Section 64-416, c, 1 states that the minimum side yard adjacent to interior property lines is 25 feet. Since the applicant is requesting to legalize the property by having the existing residence and accessory structure encroach in the side yard, a two part variance is required. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On December 3, 2019, the DRB offered the following comments: • Taking multiple problems and turning it into less of a problem. Page 4 of 7 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Standards for Consideration: The approval of a variance is based on the following consideration(s): • Relief, if granted would not offend the spirit or intent of the Ordinance. • There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of the Ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. • Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. • That the public safety, health and welfare are secured, and that substantial justice is done. The applicant response: • Please see the letter of appeal. The staff response: • The applicant currently is grandfathered by having the current residence and accessory structure encroach into the side yard setback along the eastern property line (Exhibit A). The applicant proposes to move property lines along the western property line to make the neighboring property compliant as well (Exhibit B). The applicant stated at the December 3, 2019 Design Review Board that the intent is to legalize the property at 14915 Thompson Road which will allow the applicant to alter the property line and give 14905 Thompson Road a compliant property. Allowing the process will not offend the spirit or intent of the Ordinance. • The applicant has demonstrated that there are such extraordinary and exceptional situations or conditions pertains to this lot that the literal or strict application of the Ordinance would create an unnecessary hardship since the need for this variance is based on having the existing residence and accessory structure encroach in the side yard and not caused by the applicant. • Allowing the encroachment of the encroachment of the residence and accessory structure in the side yard will not cause harm. Public safety, health and welfare will be secured, and substantial justice will be done for the surrounding properties. Staff recommendation: • Staff recommends approval of this request. Page 5 of 7 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Page 6 of 7 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Exhibit A Page 7 of 7 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Exhibit B Page 1 of 9 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 PETITION NUMBER: V19-013 PROPERTY INFORMATION 980 Birmingham Road, Suite 811 DISTRICT, LAND LOT 2 / 380 OVERLAY DISTRICT BIRMINGHAM CROSSROADS OVERLAY EXISTING ZONING MIX ACRES 18.37 EXISTING USE COMMERCIAL FUTURE LAND USE DESIGNATION MIXED USE/LIVING-WORKING REQUESTED VARIANCES: • To allow more than one freestanding sign per right-of-way. (Sec. 64-2326, a, 2, c) • To allow a sign to be constructed of plastic material. (Sec. 64-2326, a, 1, c) • To allow the sign face to be constructed of plastic. (Sec. 64-2326, a, 1, d). • To allow a pole/lollypop sign. (Sec. 64-2326, e, 1) PETITIONER(S) Kyle Barden ADDRESS 980 Birmingham Road, Suite 811 Milton, GA 30004 Page 2 of 9 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Page 3 of 9 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: CODY HENDRIX 678.242.2513 Background: The site is an 18.37 acre lot located along the crossroads at Birmingham Highway and Birmingham Road in the Birmingham Village Shopping Center. It is zoned MIX and is in the Birmingham Crossroads Overlay. The applicant erected the sign without a sign permit and was given a courtesy notice by Code Enforcement. The applicant is requesting a four part variance from the following: Section 64-2326, a, 2, c states that there may be one freestanding sign per right-of-way frontage. Section 64-2326, a, 1, c states the sign structure shall be constructed of wood, brick or stone and to the extent possible, shall be the same material as the predominant material of the principal building. Section 64-2326, a, 1, d states the sign face shall be made out of wood, a material which has the appearance of carved, distressed, or sandblasted wood, or stone. Section 64-2326, e, 1 states pylon, pole, lollypop, and projecting signs are prohibited in this Overlay District. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On December 3, 2019, the DRB offered the following comments: • Needs a master signage plan. • Support the hardship. • To allow a temporary sign that obeys the sign ordinance. • Need to make adjustments to the sign ordinance. • City needs to reach out to the property owner. Page 4 of 9 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Standards for Consideration: The approval of a variance is based on the following consideration(s): • Relief to this article may only be granted where existing foliage or structures bring about a hardship whereby a sign meeting the maximum letter size, square footage and height requirements cannot be read from an adjoining road; or • The application of the particular provision of this zoning ordinance 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. The applicant response: • Please see the letter of appeal. The staff response: • The applicant constructed and placed the sign without obtaining a sign permit. The Birmingham Crossroads Sign Ordinance is in place to allow all signage to be unique for that specific Overlay District (Sec. 64-2326). The existing freestanding sign that is located at the property does not have the applicant’s business sign attached to the sign. The sign the applicant constructed does not meet those guidelines and does not conform to the Birmingham Crossroads Sign Ordinance. The sign structure is not constructed of wood, brick or stone or have the same material as the predominant material of the principal building (Sec. 64-2326, a, 1, c). The sign face is not made out of wood or have the appearance of carved, distressed, or sandblasted wood or stone (Sec. 64-2326, a, 1, d). The sign is also a pole/lollypop sign and that type of sign is prohibited in the Birmingham Crossroads Overlay (Sec. 64-2326, e, 1). • The applicant has not demonstrated that there are such extraordinary and exceptional situations or conditions pertains to this lot that the literal or strict application of the Ordinance would create an unnecessary hardship since the need for this variance is based on having the location of the sign, material for the sign structure and sign face, and type of sign. Public safety, health and welfare will not be secured, and substantial justice will not be done for the surrounding properties. Staff recommendation: • Staff recommends denial of this request. Page 5 of 9 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Page 6 of 9 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Page 7 of 9 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Page 8 of 9 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Page 9 of 9 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Exhibit A Page 1 of 9 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 PETITION NUMBER: V19-014 PROPERTY INFORMATION 643 Glenover Drive DISTRICT, LAND LOT 2 / 558 & 595 OVERLAY DISTRICT RURAL MILTON OVERLAY EXISTING ZONING AG-1 ACRES 1.497 EXISTING USE SINGLE FAMILY RESIDENTIAL FUTURE LAND USE DESIGNATION LOW DENSITY RESIDENTIAL REQUESTED VARIANCES: • To allow a pool, pool deck, and pool equipment to encroach into the 75 foot impervious setback. (Sec. 20-426, 2) PETITIONER(S) Kim Peppers & Russ Ayres ADDRESS 643 Glenover Drive Milton, GA 30004 REPRESENTATIVE Ashley Barton/Georgia Classic Pools ADDRESS 131 Savana Estates Drive Canton, GA 30115 Page 2 of 9 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Page 3 of 9 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: CODY HENDRIX 678.242.2513 Background: The site is a 1.497 acre lot located in the White Columns subdivision. It is zoned AG-1 and is located in the Rural Milton Overlay. The existing pool was constructed in 2005 and is encroaching into the 75 foot impervious setback 416 square feet. The Final Plat, dated in 2003, for the subdivision only shows the 25 foot State stream buffer. The applicant is proposing to expand the pool 485 square feet of impervious surface and associated pool equipment into the 75 foot impervious setback. Section 20-426, 2 states that an additional 25 foot impervious setback is required in adjacent to a stream. Since the applicant proposes to construct a pool , pool deck, and pool equipment in the 75 foot impervious setback, a variance is required. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On December 3, 2019, the DRB offered the following comments: • It sets a precedent on allowing new construction in the stream buffer. • Can relocate the proposed pool. • Part of the existing pool is in the buffer. Page 4 of 9 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Standards for Consideration: The approval of a variance is based on the following consideration(s): • Relief, if granted would not offend the spirit or intent of the Ordinance. • There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of the Ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. • Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. • That the public safety, health and welfare are secured, and that substantial justice is done. The applicant response: • Please see the letter of appeal. The staff response: • The applicant has an existing pool that was constructed in 2005 that is located within the 75 foot impervious setback. The applicant is proposing to keep the existing pool and construct a new pool, which abuts the existing pool, that will encroach into the 75 foot impervious setback 485 square feet (Exhibit A). The applicant can demo the existing pool and construct a new pool without encroaching into the impervious setback. • The applicant has not demonstrated that there are such extraordinary and exceptional situations or conditions pertains to this lot that the literal or strict application of the Ordinance would create an unnecessary hardship since the need for this variance is based on having the proposed pool, pool deck, and pool equipment in the 75 foot impervious setback and caused by the applicant. • Allowing the location of the pool, pool deck, and pool equipment in the 75 foot impervious setback will cause harm. Public safety, health and welfare will not be secured, and substantial justice will not be done for the surrounding properties. Staff recommendation: • Staff recommends denial of this request. Page 5 of 9 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Page 6 of 9 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Exhibit A Page 7 of 9 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Page 8 of 9 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Page 9 of 9 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Page 1 of 6 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 PETITION NUMBER: V19-015 PROPERTY INFORMATION 15770 Thompson Road DISTRICT, LAND LOT 2 / 471 OVERLAY DISTRICT RURAL MILTON OVERLAY EXISTING ZONING AG-1 ACRES 9.274 EXISTING USE VACANT LAND FUTURE LAND USE DESIGNATION LOW DENSITY RESIDENTIAL REQUESTED VARIANCES: • To allow a new public road for a subdivision to be two feet from an AG-1 zoned property. (Sec. 64-2397) PETITIONER(S) Kamara Makhtar ADDRESS 990 Holcomb Bridge Road, Suite 2 Roswell , GA 30076 REPRESENTATIVE Richard Duncan ADDRESS 4302 Farmstead Lane Kennesaw, GA 30144 Page 2 of 6 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Page 3 of 6 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: CODY HENDRIX 678.242.2513 Background: The site is a 9.274 acre lot located along Thompson Road and east of the Tanglewood Preserve subdivision. It is zoned AG-1 and is located in the Rural Milton Overlay. The applicant is proposing a seven lot subdivision on 9.274 acres. Section 64-2397 states for new public and private streets must be located a minimum of fifty feet from any peripheral property line adjoining AG-1 and residentially zoned property unless interparcel access. Since the applicant proposes a new public road for a subdivision two feet from an AG-1 zoned property, a variance is required. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On December 3, 2019, the DRB offered the following comments: • Against this variance request. • We have codes in place for a reason. • Against the density for profit. Page 4 of 6 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Standards for Consideration: The approval of a variance is based on the following consideration(s): • Relief, if granted would not offend the spirit or intent of the Ordinance. • There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of the Ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. • Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. • That the public safety, health and welfare are secured, and that substantial justice is done. The applicant response: • Please see the letter of appeal. The staff response: • The applicant has the location of the proposed new road two feet from the neighboring property which is zoned AG-1. The minimum allowance of fifty feet is set in place to allow protection for the surrounding properties from the newly created road. The project can be developed as of right and with the resulting density that would be yielded. • The applicant has not demonstrated that there are such extraordinary and exceptional situations or conditions pertains to this lot that the literal or strict application of the Ordinance would create a necessary hardship since the need for this variance is based on having a new public road for a subdivision two feet from an AG-1 zoned property and caused by the applicant. • Allowing the location of the new public road for a new subdivision two feet from an AG-1 zoned property will cause detriment to the public good. Public safety, health and welfare will not be secured, and substantial justice will not be done for the surrounding properties. Staff recommendation: • Staff recommends denial of this request. Page 5 of 6 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Page 6 of 6 Prepared for the Board of Zoning Appeals Meeting on December 17, 2019 Exhibit A