HomeMy WebLinkAboutPacket - BZA - 08-20-2019
PETITION NUMBER: V19-007
PROPERTY INFORMATION 15825 Westbrook Road
DISTRICT, LAND LOT 2 / 391
OVERLAY DISTRICT RURAL MILTON OVERLAY
EXISTING ZONING AG-1
ACRES 0.69
EXISTING USE SINGLE FAMILY RESIDENTIAL
FUTURE LAND USE DESIGNATION AGRICULTURE, EQUESTRIAN, ESTATE RESIDENTIAL
REQUESTED VARIANCES:
• To reduce the east property side setback from 25 feet to 20 feet for existing
house and addition (Sec. 64-416, c, 1).
• To allow an existing deck to encroach into the side yard setback 16 feet.
(Sec 64-416, c, 1)
PETITIONER(S) Dan Hansen
ADDRESS 15825 Westbrook Road
Milton, GA 30004
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COMMUNITY DEVELOPMENT STAFF ANALYSIS
STAFF CONTACT: CODY HENDRIX
678.242.2513
Background:
The site is a 0.69 acre lot located on Westbrook Road. It is zoned AG-1 and is located in the
Rural Milton Overlay. The property includes a 2,017 square foot single family home and a
freestanding accessory garage located behind the house. The existing deck and house
were in its current location when the applicant purchased it back in 2013.
Section 64-416, c, 1, states that the minimum side yard adjacent to interior property lines is 25
feet. The applicant is asking for a two part variance. Part one is to legalize the existing
house and front porch (Exhibit A) and side yard setback variance for proposed new addition
at rear of dwelling (Exhibit B). Park two is to legalize the existing wood deck encroachment.
DESIGN REVIEW BOARD (DRB) COURTESY REVIEW:
On July 9, 2019, the DRB offered the following comments:
• No comments
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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:
• Part one: The house was built in 1960 and the applicant is wanting to legalize the
portion of the existing dwelling that encroaches into the east side yard setback. The
survey date (5/29/2019) indicates that the existing dwelling encroaches at maximum
5 feet into the setback (20.2’ actual setback). In addition, the applicant is requesting
to construct a new bedroom addition (25’ deep x 21’10” wide) at the back of the
dwelling. This addition will encroach into the side yard setback by 5’-0” (20’-0” actual
setback).
• Part two: The existing deck (10’ x 10’) was encroaching when the applicant
purchased the home in 2013. The survey date (5/29/2019) indicates the existing deck
encroached at maximum 16 feet into the east side yard setback (9.1’ actual
setback).
• Allowing the proposed construction and existing deck will not harm public safety,
health or welfare, and substantial justice will be done for the homeowner.
Staff recommendation:
• Staff recommends approval of this request.
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Exhibit A
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Exhibit B
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Exhibit C
PETITION NUMBER: V19-008
PROPERTY INFORMATION 2660 Bethany Church Road
DISTRICT, LAND LOT 2 / 834 & 835
OVERLAY DISTRICT RURAL MILTON OVERLAY
EXISTING ZONING AG-1
ACRES 1.06
EXISTING USE SINGLE FAMILY RESIDENTIAL
FUTURE LAND USE DESIGNATION AGRICULTURE, EQUESTRIAN, ESTATE RESIDENTIAL
REQUESTED VARIANCES:
• To reduce the rear property line from 50 feet to 8 feet. (Sec. 64-416, d)
PETITIONER(S) Joseph Young
ADDRESS 6005 Canterbury Lane
Suwanee, GA 30024
REPRESENTATIVE Scott D. Reece
ADDRESS 13685 Highway 9
Milton, GA 30004
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COMMUNITY DEVELOPMENT STAFF ANALYSIS
STAFF CONTACT: CODY HENDRIX
678.242.2513
Background:
The site is a 1.06 acre lot located on Bethany Church Road. It is zoned AG-1 and is located in
the Rural Milton Overlay. The property includes a 3,525 square foot single family home and a
2,150 square foot, three story guest house (V18-014) located to the west of the single family
home. The applicant began construction of the pavilion without a permit. The applicant
proposes to construct a twenty foot by nineteen foot pavilion that is nine feet from the rear
property line (Exhibit A). The applicant shows a proposed landscape strip that will shield the
structure from the property owner to the south (Exhibit A).
Section 64-416, d, states that the minimum rear yard shall be 50 feet. Since Mr. Young is
constructing a pavilion in the minimum rear yard, a variance is required.
DESIGN REVIEW BOARD (DRB) COURTESY REVIEW:
On August 6, 2019, the DRB offered the following comments:
• Match existing buildings
• Minimum 25 foot encroachment
• Landscape type and plan at rear yard year round
• Ask Board of Zoning Appeal to deny at current location
• Structure needs more aesthetic and needs DRB approval
• No real hardship
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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 accessory structure was being constructed without any issued building permit.
The ordinance states that all accessory structures must be located in the rear and side
yard but not within the minimum yard. This requirement protects the surrounding
property owners and promotes the rural character.
• 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 constructing a pavilion in the minimum rear yard and
therefore caused by the applicant.
• Allowing the construction of the accessory structure in the rear yard will cause harm
public safety, health welfare will not be secured, and substantial justice will not be
done for the surrounding properties.
Staff recommendation:
• Staff recommends denial of this request.
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Exhibit A
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Existing Condition
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Existing Condition
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Existing Condition
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Proposed Architecture