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HomeMy WebLinkAboutPacket - BZA - 05-21-2019 PETITION NUMBER: V19-005 PROPERTY INFORMATION 13925 Hagood Road DISTRICT, LAND LOT 2 / 838 & 839 OVERLAY DISTRICT RURAL MILTON EXISTING ZONING AG-1 ACRES 7.45 EXISTING USE SINGLE FAMILY RESIDENTIAL FUTURE LAND USE DESIGNATION AGRICULTURE, EQUESTRIAN, ESTATE RESIDENTIAL REQUESTED VARIANCE(S): • To allow existing location of accessory structure. (Sec 64-416, i) PETITIONER(S) Mack Ham ADDRESS 1480 Portmarnock Drive Alpharetta, GA 30005 REPRESENTATIVE Gary D. Beelen, Drew Eckl Farnham Law ADDRESS 303 Peachtree Street NE Suite 3500 Atlanta, GA 30308-3263 Page 2 of 31 Page 3 of 31 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: CODY HENDRIX 678.242.2513 Background: The site is a 7.45 acre lot located on the eastern portion of Hagood Road. It is zoned AG-1 and is located in the Rural Milton Overlay. When the applicant, who is the current owner, purchased this property, the property included an existing two story single family home, horse barn, storage barn, and a covered equestrian riding ring (70.1’x 200’) for which the previous owners obtained a variance. This variance was approved in August 2000 by Fulton County Board of Zoning Appeals for an accessory structure (covered horse riding ring) to be located in the front yard. The City’s Code Enforcement began to receive complaints about construction at the covered riding ring being performed by the applicant. City Staff investigated that the applicant was doing construction at the covered riding ring without any permits. Work included enclosing the riding ring with 20 foot high metal walls, concrete floor slab, and concrete landing dock with retaining walls. After the City sent multiple Notices to the property owner, the City received a phone call from the applicant’s attorney and informed that the applicant had construction completed without a City building permit. Attached are pictures (Pages 13-15) of the structure from different points of the property. Since the applicant modified the existing accessory structure that is located in the front yard, a variance is required. Page 4 of 31 DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On May 7, 2019, the DRB offered the following comments: • This is extremely disturbing that no one applied for a permit. • Industrial use does not fit with rural character. • Should have consoled with the neighbors. • Should not move forward. • Fulton County would not have approved variance of a warehouse to be in the front yard. • The use of the structure changed. • Members all agree that this should not be allowed. ADDITIONAL DEPARTMENT COMMENTS The staff held a Focus Meeting on May 8, 2019, at which the following comments were provided: PLAN REVIEW MANAGER STAFF CONTACT MELISSA BRANEN 678.242.2590 No comments. ARCHITECT STAFF CONTACT ROBERT BUSCEMI 678.242.2607 The City Architect stated this is a substantial change to the character and use for this accessory structure that differs greatly from the intent of the original variance. There was no architecture review that is required in Sec. 64-416, l, 1, 2. ARBORIST STAFF CONTACT SANDRA DEWITT 678.242.2552 No comments. DOT/TRANSPORTATION STAFF CONTACT SARAH LEADERS 678.242.2559 No comments. STORMWATER/ENGINEERING STAFF CONTACT MARK ZION 678.242.2526 No comments. Page 5 of 31 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 definition of an accessory structure is “a subordinate structure, customarily incidental to a principal structure or use as determined by the director of community development and located on the same lot.” (Sec. 64-1, Definitions). This building is clearly larger than the principal structure. In addition, the code requires that architecture of the exterior elevations are subject to review and approval by the City Architect per 64-416 Development Standards, l, 1, 2: “Architectural review of structures. The following requirements are for structures located on single lot of record or a subdivision with less than four lots that abut an exterior street. (1) An architectural review process is required and shall include a review of building elevations and landscape plans by the city architect. (2) These structures shall be designed with street elevation architecture and shall meet the intent of section 64-1151.” This struc ture clearly does not meet the intent set forth in Sec. 64-1151 (Page 7-9). The intent of the Ordinance is to protect the scenic view and promote the rural character. The applicant has enclosed the existing riding ring and poured concrete inside the structure converting it into storage building. By enclosing the covered riding ring, it changes the original variance from a covered riding ring to a storage structure. The change in character and design to the riding ring does not meet the intent and or the requirements of the Ordinance. • The applicant has not demonstrated that there are such extraordinary and exceptional situations that pertains to this lot and the literal or strict application of the Page 6 of 31 Ordinance would create an unnecessary hardship since the need for this variance is based on the location of the enclosed building and therefore caused by the applicant. • The modification made to this riding ring changes it’s original use from the variance requested and approved by the Fulton County Board of Zoning Appeals in August 2000. Adding twenty foot high metal walls, concrete floor slab, an access loading dock and two metal overhang garage doors, it transformed the covered riding ring into a storage building all causing a substantial detriment to the public good and surrounding properties. • The denial of this variance would secure public safety, health and welfare by promoting the rural character and protecting the scenic views. Staff recommendation: • Staff recommends denial of this request. Page 7 of 31 Sec. 64-1151. - Characteristics of Rural Milton Overlay. (a) The Rural Milton Overlay is based on the overall setting and characteristics of the rural crossroads communities in the city. In order to determine their qualities, a visual survey was conducted of Crabapple and Birmingham as well as commercial buildings in Hopewell and Arnold Mill, the main crossroads communities in the city. Commercial development in the city has been historically located in the crossroads communities that developed at the intersection of two or more roads. In these communities, commercial uses are close to the intersection, with institutional uses, such as churches and schools, next to them and residential uses extending along the roads. Large tracts of agricultural land, with rural vistas and views, border the residential areas. These crossroads communities maintain their historic integrity as well as their informal character, rural atmosphere and charm. Generally, the commercial buildings at the crossroads are oriented to the street, are close to the street and have varying setbacks (from zero to 20 feet). Buildings are grouped informally and asymmetrically to each other to form a village atmosphere. Parking is located to the side or to the rear. Landscapes and the space between the buildings are informal, asymmetrical, rural and picturesque. They avoid modern day styles that emphasize ordered plantings, over planting and often geometric placement. Informality of place provides for human scale, comfort and a welcoming atmosphere. The setting, the buildings' design and architectural details are elements that maintain the value of the communities and contribute to the sense of place in the city. More than being a place for commerce, they provide the sense of identity, ownership, community and evolution. Many of the commercial buildings were built from the late 1800's to the late 1930's in various types and style and have a rural and agrarian character. The buildings are generally small, one story with a square or rectangular footprint. Buildings are in scale and in proportion to each other. The principal building materials are brick and clapboard siding, however, stone is also used. The roofs are gable or hip and are made out of standing seam metal or asphalt shingles. Many of these also have a small recessed porch. Several window types are present including, double-hung sash, casement, fixed and fixed with an arch. In the double-hung sash windows, the sashes are divided into six lights over six, 4/4 and 2/2. The windows are in proportion to the building and most have a vertical orientation. The doors are usually wood paneled doors with glass in the upper half. The entryways and main façades are more articulated than the rest of the buildings. This is achieved by recessing the entrance or flanking the door with sidelights and transom lights. The buildings have limited stylistic elements. Some of the features that are present include: round and square columns, frieze board, exposed rafter ends, and triangle gable braces. (b) Crossroads communities blend with their surroundings and thus avoid abrupt beginnings and endings. Commercial buildings transition into smaller residential buildings. Uses also transition down from commercial to office and then to residential. Many residential buildings that extend along the roads are now being used for retail and office. These residential areas also share similar characteristics: they are one-story, oriented to the street, often a walkway leads from the street to the front door or from the driveway to the front door, and the driveway is perpendicular to the street. Parking is to the side or the rear. The buildings are set back ten to 40 feet from the sidewalk. In addition, wood fences, retaining walls and hedges often define the boundaries of the property. Page 8 of 31 (c) The houses themselves also have similar characteristics. The principal building material is wood clapboard siding and some are made out of stone. The common roof forms are gable, cross gable and hip and are made out of standing seam metal or asphalt shingles. The houses are raised on a foundation. Most of these also have a front or wrap around porch. The majority of the windows are double-hung sash with the sashes divided into six lights over six, 3/1 9/9, 1/1 and 2/2. Some have sidelights and transom lights around the front door and fixed arched windows. (d) Several house types are present, including: hall parlor, double pen, central hallway, gable ell cottage, new south cottage, Georgian cottage, bungalow and side gable cottage. House type refers to the height of the house as well as the general layout of the interior rooms. A description and layout of each is included in this section. (e) Many of these houses do not have a high style but rather have a vernacular interpretation of a style. Style refers to the external ornamentation and the overall form of the house. In many cases, style elements are associated with a certain house type. For instance, craftsman elements are present in bungalow type houses. The architectural features present in these houses, by style, are listed below and are discussed in this section. (1) Greek Revival. Frieze board, round columns, Doric columns, flute columns, gable returns, corner pilasters, dentil molding, pedimented gable. (2) Queen Anne and Folk Victorian. Decorative cut shingles, verge board, turned posts, ionic columns, porch with turned balusters, frieze board. (3) Craftsman. Wood or brick battered columns on brick or stone piers, exposed rafter ends, overhanging eaves, gable braces, frieze board, gable returns. Page 9 of 31 RURAL MILTON OVERLAY DISTRICT MAP (Ord. No. 14-06-207, § 1, 6-16-2014) Page 10 of 31 Page 11 of 31 Page 12 of 31 Page 13 of 31 Page 14 of 31 Page 15 of 31 Page 16 of 31 Page 17 of 31 Page 18 of 31 Page 19 of 31 Page 20 of 31 Page 21 of 31 Page 22 of 31 Page 23 of 31 Page 24 of 31 Page 25 of 31 Page 26 of 31 Page 27 of 31 Page 28 of 31 Page 29 of 31 Page 30 of 31 Page 31 of 31