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HomeMy WebLinkAboutPacket - BZA - 03-19-2019 PETITION NUMBER: V19-001 PROPERTY INFORMATION 13725 Providence Road DISTRICT, LAND LOT 2 / 888 OVERLAY DISTRICT RURAL MILTON EXISTING ZONING AG-1 ACRES 6.4 EXISTING USE SINGLE FAMILY RESIDENTIAL FUTURE LAND USE DESIGNATION AGRICULTURE, EQUESTRIAN, ESTATE RESIDENTIAL REQUESTED VARIANCES: • To allow remodeling and addition to existing residence in the 50 foot stream buffer and 75 foot impervious setback. (Sec. 20-426, 1, 2) • To allow a pool inside of the 50 foot stream buffer and 75 foot impervious setback. (Sec. 20-426, 1, 2) PETITIONER(S) Crabapple Ventures LLC ADDRESS 2175 Dinsmore Road Milton, GA 30004 REPRESENTATIVE Scott D Reece ADDRESS 13685 Highway 9 Milton, GA 30004 Page 2 of 12 Page 3 of 12 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: ROBYN MACDONALD 678.242.2540 Background: The site is a 6.4 acre lot located on the corner of Providence Road and Cowart Road. It is zoned AG-1 and is located in the Rural Milton Overlay. The property includes an existing single family home and outbuildings. Mr. Scott Reece will be representing the applicant. The applicant proposes to remodel, make additions to the existing house, construct a new pool and pool house, and remove the outbuildings. The existing house is currently located in the State (25 foot) and 50 foot stream buffer. The renovations and addition of the house will have the house in the 50 foot stream buffer and 75 foot impervious setback. The barn is currently located in the 75 foot impervious setback which is proposed to be removed. The applicant is also proposing to install a pool and pool house in the 50 foot stream buffer and the 75 foot impervious setback. Section 20-426, 1 states that an undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally. Part 2 states, an additional setback shall be maintained for 25 feet beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be minimized within the setback. Since the applicant proposes to remodel, make an addition to the existing home, construct a new pool and pool house, and remove the outbuildings that encroaches into the 75 foot impervious setback, and into the 50 stream buffer, a two part variance is required. Page 4 of 12 DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On March 5, 2019, the DRB offered the following comments: • Location of proposed driveway is dangerous. ADDITIONAL DEPARTMENT COMMENTS The staff held a Focus Meeting on March 6, 2019, at which the following comments were provided: SITE PLAN REVIEW STAFF CONTACT MELISSA BRANEN 678.242.2590 Move the pool to the 75 foot impervious setback. ARCHITECT STAFF CONTACT ROBERT BUSCEMI 678.242.2607 No comments. ARBORIST STAFF CONTACT SANDRA DEWITT 678.242.2552 The proposed addition and garage will take down a specimen tree. DOT/TRANSPORTATION STAFF CONTACT SARAH LEADERS 678.242.2559 Move the driveway to Providence Road because proposed driveway is in the radius for Cowart Road. STORMWATER STAFF CONTACT KEN KAGY 678.242.2543 New finish floor elevation must be 3 feet above floodplain. Cannot fill or grade in floodplain. Page 5 of 12 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 intent of the ordinance is to protect the health of the stream. The applicant is proposing to add impervious surface with the house addition, pool house, and pool which will impact the stream negatively and not support the intent of the ordinance. • The house was originally built before the 50 foot buffer and the 75 foot impervious setback were in place. The proposed areas for a house addition, pool, and pool house does not demonstrate extraordinary and exceptional situations pertaining to this property. In addition, the need for the variances is self-imposed, except for the renovation of the existing house with no proposed additions. • The proposed renovation and construction will be in the 75 foot impervious setback and 50 foot stream buffer and will cause a substantial detriment to the public good and surrounding properties. • The proposed addition to the house, additional structures and pool, the public safety, health and welfare is not secured, and substantial justice is not done. Page 6 of 12 Staff recommendation: • Staff recommends denial of this request. Recommended conditions: Should the Board choose to approve the application, Staff recommends the following conditions(s): • Move the pool to be in the 75 foot impervious setback. • Work with the Transportation Engineer to find a suitable location of new driveway. • Cannot do any work inside of the floodplain • Proposed house needs to be the same size and location of the existing house in the 50 foot stream buffer. Page 7 of 12 Page 8 of 12 Page 9 of 12 Page 10 of 12 Page 11 of 12 Page 12 of 12 PETITION NUMBER: V19-002 PROPERTY INFORMATION 305 Darby Road DISTRICT, LAND LOT 2 / 376 OVERLAY DISTRICT RURAL MILTON EXISTING ZONING AG-1 ACRES 0.88 EXISTING USE SINGLE FAMILY RESIDENTIAL FUTURE LAND USE DESIGNATION AGRICULTURE, EQUESTRIAN, ESTATE RESIDENTIAL REQUESTED VARIANCES: • To allow a structure to encroach into the 75 foot impervious setback. (Sec. 20- 426, 2) PETITIONER(S) Janice Laketa ADDRESS 305 Darby Road Milton, GA 30004 REPRESENTATIVE Randy Matheny ADDRESS 128 Forrester Road Maysville, GA 30558 Page 2 of 8 Page 3 of 8 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: ROBYN MACDONALD 678.242.2540 Background: The site is a 0.88 acre lot located on Darby Road. It is zoned AG-1 and is located in the Rural Milton Overlay. The property includes an existing single family home. Mr. Randy Matheny will be the representing the applicant. The applicant proposes to demo the existing house and build a 3,535 square foot single family home, a 611 square foot covered porch, and a 296 square foot back patio. The existing home was built in 1950 which pre dated the City of Milton ordinance regarding stream buffers and is a grandfathered, legal non-conforming lot based on the fact that lots located on gravel roads require minimum three acre lots. The applicant shows the new septic system will be out of the stream buffers. The existing home is currently located in the 75 foot impervious setback and will remain only in the 75 foot setback when demolished and the newly reconstructed home will be placed in the same approximate area. There appears to be an above ground pool and outside storage. This will be required to be removed and revegetated. Section 20-426, 2 states that an additional 25 foot impervious surface is required in adjacent to a stream. All impervious cover shall be prohibited in this setback. Since the applicant proposes to construct a single family home that will encroach into this area, a variance is required. Page 4 of 8 DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On March 5, 2019, the DRB offered the following comments: • How much disturbance will be created due to basement. ADDITIONAL DEPARTMENT COMMENTS The staff held a Focus Meeting on March 6, 2019, at which the following comments were provided: SITE PLAN REVIEW STAFF CONTACT MELISSA BRANEN 678.242.2590 Build in the same footprint because of the size, shape, and topography of the property. ARCHITECT STAFF CONTACT ROBERT BUSCEMI 678.242.2607 Reviews the design of the house and meets the requirement of the rural viewshed. ARBORIST STAFF CONTACT SANDRA DEWITT 678.242.2552 No comments. DOT/TRANSPORTATION STAFF CONTACT SARAH LEADERS 678.242.2559 No comments. STORMWATER STAFF CONTACT KEN KAGY 678.242.2543 No comments. Page 5 of 8 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 intent of the Ordinance is to protect the health of our streams. The applicant has proposed a similar footprint of the original house on the site plan and limiting the amount of disturbance in the 75 foot impervious setback. • This property was platted at 0.88 acres but is grandfathered legal non-conforming lot AG-1 (agricultural) zoned area. The original house was constructed before the City of Milton’s stream buffers were enforced making the reconstruction of any new house impossible without relief. The size of the lot also makes it difficult for the applicant to position the house anywhere else because of the existing topography of a high bank on the western portion of the lot. • This proposal minimizes the impact on the surrounding properties and limits disturbance to the 75 foot impervious setback. The proposed scope of work will enhance the rural character in the area and will not cause a substantial detriment to the public good. • Through limiting further encroachment, and proper mitigation, the public safety, health and welfare will be secured. Page 6 of 8 Staff recommendation: • Staff recommends approval with conditions of this request. Recommended conditions: Should the Board choose to approve the application, Staff recommends the following conditions(s): • Approved per site plan dated 12/18/2018 by Sullins Engineering, LLC. • The proposed house needs to be in the same size and location of existing house in the 75 foot impervious setback. Page 7 of 8 Page 8 of 8 PETITION NUMBER: V19-003 PROPERTY INFORMATION 622 N. Main Street DISTRICT, LAND LOT 2 / 1109 & 1124 OVERLAY DISTRICT DEERFIELD FORM BASED CODE EXISTING ZONING T5 ACRES 2.25 EXISTING USE SELF STORAGE FACILITY FUTURE LAND USE DESIGNATION T5 – DEERFIELD FORM BASED CODE REQUESTED VARIANCES: • To increase the maximum number of wall signs to 3. (Sec. 64- 2324, j) PETITIONER(S) Hasta La Vista, LLC ADDRESS 15 Boones Ridge Parkway Acworth, GA 30102 REPRESENTATIVE George Laycock ADDRESS 15 Boones Ridge Parkway Acworth, GA 30102 Page 2 of 8 Page 3 of 8 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: ROBYN MACDONALD 678.242.2540 Background: The site is a 2.25 acre lot located on North Main Street. It is zoned T5 and is located in the Deerfield Form Based Code. The property includes a self-storage facility under construction that is near completion. The applicant proposes to install one sign facing North Main Street and two more signs on the east elevation of the building. Mr. George Laycock will be the representative for the applicant. The applicant has submitted one sign on the south elevation that is in compliance with the sign ordinance. The applicant is proposing a two line text sign that would be classified as two separate signs on the east elevation of the building. The different plans of the building is hindering the applicant to design a sign that could be placed on the building’s material. The sign ordinance allows a maximum of two (2) wall signs for each place of business (Sec 64- 2324, j) and since the applicant proposes more than two wall signs, a variance is required. Page 4 of 8 DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On March 5, 2019, the DRB offered the following comments: • Building looks great. • Board supports the variance ADDITIONAL DEPARTMENT COMMENTS The staff held a Focus Meeting on March 6, 2019, at which the following comments were provided: SITE PLAN REVIEW STAFF CONTACT MELISSA BRANEN 678.242.2590 No comments. ARCHITECT STAFF CONTACT ROBERT BUSCEMI 678.242.2607 No comments. ARBORIST STAFF CONTACT SANDRA DEWITT 678.242.2552 No comments. DOT/TRANSPORTATION STAFF CONTACT SARAH LEADERS 678.242.2559 No comments. STORMWATER STAFF CONTACT KEN KAGY 678.242.2543 No comments. Page 5 of 8 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 structured bring about a hardship whereby a sign meeting maximum letter size, square footage and height requirements cannot be read from an adjoining road. The applicant response: • Please see the letter of appeal. The staff response: • The proposed signage along the east elevation of the subject site is 98.9 square feet. The applicant says he has a true hardship in making the signage aesthetically pleasing. The building materials make it difficult for the applicant to design a sign that will address the different elevation planes of the building. Staff recommendation: • Staff recommends approval with conditions of this request. Recommended conditions: Should the Board choose to approve the application, Staff recommends the following conditions(s): • Per plans date stamped February 7, 2019 by Elro Signs. Page 6 of 8 Page 7 of 8 Page 8 of 8 PETITION NUMBER: V19-004 PROPERTY INFORMATION 2420 Saddlesprings Drive DISTRICT, LAND LOT 2 / 763 OVERLAY DISTRICT RURAL MILTON EXISTING ZONING AG-1 ACRES 3.02 EXISTING USE SINGLE FAMILY RESIDENTIAL FUTURE LAND USE DESIGNATION AGRICULTURE, EQUESTRIAN, ESTATE RESIDENTIAL REQUESTED VARIANCES: • To allow a septic system to encroach into the 75 foot impervious setback. (Sec. 20-426, 3) PETITIONER(S) Michele P. Sedgwick ADDRESS 2420 Saddlesprings Drive Milton, GA 30004 REPRESENTATIVE Scott D. Reece ADDRESS 13685 Highway 9 Milton, GA 30004 Page 2 of 15 Page 3 of 15 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: ROBYN MACDONALD 678.242.2540 Background: The site is a 3.02 acre lot located on the corner of Saddlesprings Drive and Saddlesprings Lane in the Sunnybrook Farms subdivision. It is zoned AG-1 and is located in the Rural Milton Overlay. The property includes an existing 5,000 square foot single family home that was built before the incorporation of the City. Mr. Scott Reece will be representing the applicant. The applicant proposes to subdivide the three acre property into two lots. The eastern half of the property has a stream that forks into two smaller streams that cover majority of the property. The applicant is proposing to build a three bedroom home that will be out of the stream buffers and setbacks. However, the applicant cannot fit the septic absorption fields on the lot without a variance. Sunnybrook Farms was platted with only 25 foot stream buffers and the existing house was constructed with the applied 25 foot stream buffers. Since the applicant needs the septic fields to encroach in the 75 foot impervious buffer to make the consideration of subdividing the lot possible, a variance is required. Page 4 of 15 DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On March 5, 2019, the DRB offered the following comments: • Applicant shows a real hardship ADDITIONAL DEPARTMENT COMMENTS The staff held a Focus Meeting on March 6, 2019, at which the following comments were provided: SITE PLAN REVIEW STAFF CONTACT MELISSA BRANEN 678.242.2590 Does not show hardship by splitting the lot. ARCHITECT STAFF CONTACT ROBERT BUSCEMI 678.242.2607 No comments. ARBORIST STAFF CONTACT SANDRA DEWITT 678.242.2552 No comments. DOT/TRANSPORTATION STAFF CONTACT SARAH LEADERS 678.242.2559 No comments. STORMWATER STAFF CONTACT KEN KAGY 678.242.2543 Will need variance for any floodplain compensation. Page 5 of 15 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 intent of the Ordinance is to protect the health of our streams. The applicant has requested to put a septic system to encroach into the 75 foot impervious setback and must show that the newly created lot can hold a septic system which encroaches in the impervious setback. The location of the leaching field lines offends the spirit of the Ordinance. • 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 creating a second lot and therefore caused by the applicant. • The applicant wants to subdivide the 3.02 acre lot into two lots which harms the rest of the neighborhood. The neighborhood’s lots are all at a minimum of 3 acre lots and by causing the subdivision, it may cause future development within the neighborhood. In addition, the location of the leaching field lines may cause a substantial detriment to the public good and surround properties. • The denial of this variance would secure public safety, health and welfare by maintaining the health of the streams and the development standards within the subdivision. Page 6 of 15 Staff recommendation: • Staff recommends denial of this request. Recommended conditions: Should the Board choose to approve the application, Staff recommends the following conditions(s): • Approval per the site plan dated February 7, 2019 by Brumbelow–Reese and Associates. • The City Engineer shall approve the necessary documentation for crossing a stream and erosion control. Page 7 of 15 Page 8 of 15 Page 9 of 15 Page 10 of 15 Page 11 of 15 Page 12 of 15 Page 13 of 15 Page 14 of 15 Page 15 of 15