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Home My WebLink AboutPacket - BZA - 04-16-2019 PETITION NUMBER: V19-001 PROPERTY INFORMATION 13725 Providence Road DISTRICT, LAND LOT 2 / 888 OVERLAY DISTRICT RURAL MILTON EXISTING ZONING AG-1 (AGRICULTURAL) 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 13 – Prepared for the Board of Zoning Appeals Meeting on April 16, 2019 Page 3 of 13 – Prepared for the Board of Zoning Appeals Meeting on April 16, 2019 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. This request was originally heard at the March 19, 2019 Board of Zoning Appeals meeting. After the applicant’s presentation and the Board’s deliberation, the Board recommended to defer the item to the next scheduled meeting to allow the applicant to provide an elevation of the renovated house facing New Providence Road. The applicant originally proposed 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 applicant has removed the pool and pool house entirely from the site plan. The barn is currently located in the 75 foot impervious setback which is proposed to be removed. These changes are reflected in the revised site plan received by the Community Development Department on April 12, 2019. Based upon this site plan, the applicant is proposing to only build on the current footprint of the existing house. Furthermore, the proposed addition will be located complete outside of the 75 foot impervious setback and 50 foot stream buffer. In addition, the applicant has submitted an elevation of the renovated house which is included in this report. The City Architect has indicated his support of this design and is consistent with the rural character of the area. 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. Based on the revised site plan received on April 12, 2019, the applicant proposes to remodel the existing house and therefore requires a variance to encroach into the 50 foot stream buffer and 75 impervious setback. Since the applicant has removed the pool and pool house, Staff recommends that the variance to allow the pool and pool house to encroach into the 50 foot stream buffer and 75 foot impervious setback to be withdrawn. Page 4 of 13 – Prepared for the Board of Zoning Appeals Meeting on April 16, 2019 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 and updated on April 12, 2019, at which the following comments were provided: SITE PLAN REVIEW STAFF CONTACT MELISSA BRANEN 678.242.2590 No comments based on the revised site plan submitted on April 12, 2019. ARCHITECT STAFF CONTACT ROBERT BUSCEMI 678.242.2607 Supports the submitted design of renovated existing house and the removal of the pool and pool house based on the revised site plan submitted on April 12, 2019. ARBORIST STAFF CONTACT SANDRA DEWITT 678.242.2552 The proposed addition may impact a specimen tree based on the revised site plan submitted on April 12, 2019. DOT/TRANSPORTATION STAFF CONTACT SARAH LEADERS 678.242.2559 The revised site plan submitted on April 12, 2019 reflects the requirement to move the driveway to Providence 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 13 – Prepared for the Board of Zoning Appeals Meeting on April 16, 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 intent of the ordinance is to protect the health of the stream. The applicant has removed the pool and pool house from the stream buffers. The applicant has also moved the house addition out of the stream buffers. • The house was originally built before the 50 foot buffer and the 75 foot impervious setback were in place. The proposed areas for a pool and pool house were taken off the site plan by the applicant. The need for the variance will be for the renovation of the existing house with the proposed additions to be outside of the stream buffers. • The proposed renovation of the house will be in the 75 foot impervious setback and 50 foot stream buffer. The proposed addition to the house will be out of the stream buffers and will not cause any substantial detriment to the public good and surrounding properties. • The proposed addition and renovation to the house, the public safety, health and welfare is secured, and substantial justice is done. Page 6 of 13 – Prepared for the Board of Zoning Appeals Meeting on April 16, 2019 Staff recommendation: • Staff recommends approval with conditions to allow the existing/remodeled house to encroach into the 50 foot stream buffer and 75 foot impervious setback. (Sec. 20-426, 1, 2) • Staff recommends withdrawal of the request to allow a pool inside of the 50 foot stream buffer and 75 foot impervious setback. (Sec. 20-426, 1, 2) Recommended conditions: • Should the Board choose to approve the application, Staff recommends the following conditions to allow the existing/remodeled house to encroach into the 50 foot stream buffer and 75 foot impervious setback (Sec. 20-426, 1, 2). : • Per the revised site plan stamped April 12, 2019 by Brumbelow – Reese & Associates, Inc. • Cannot do any work inside of the floodplain. • The renovated house shall be the same size and location of the existing house within the 50 foot stream buffer and 75 foot impervious setback. Page 7 of 13 – Prepared for the Board of Zoning Appeals Meeting on April 16, 2019 Page 8 of 13 – Prepared for the Board of Zoning Appeals Meeting on April 16, 2019 Page 9 of 13 – Prepared for the Board of Zoning Appeals Meeting on April 16, 2019 REVISED SITE PLAN RECEIVED BY THE COMMUNITY DEVELOPMENT DEPARTMENT ON APRIL 12, 2019 Page 10 of 13 – Prepared for the Board of Zoning Appeals Meeting on April 16, 2019 Page 11 of 13 – Prepared for the Board of Zoning Appeals Meeting on April 16, 2019 Page 12 of 13 – Prepared for the Board of Zoning Appeals Meeting on April 16, 2019 Page 13 of 13 – Prepared for the Board of Zoning Appeals Meeting on April 16, 2019 Page is too large to OCR.