HomeMy WebLinkAboutPacket - BZA - 10-15-2019
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Prepared for the Board of Zoning Appeals Meeting on October 15, 2019
PETITION NUMBER: V19-009
PROPERTY INFORMATION 175 Gladwyne Ridge Drive
DISTRICT, LAND LOT 2 / 878
OVERLAY DISTRICT RURAL MILTON OVERLAY
EXISTING ZONING AG-1
ACRES 1.08
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) William A. Gibson
ADDRESS 125 Cooks Crossing
Woodstock, GA 30188
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Prepared for the Board of Zoning Appeals Meeting on October 15, 2019
COMMUNITY DEVELOPMENT STAFF ANALYSIS
STAFF CONTACT: CODY HENDRIX
678.242.2513
Background:
The site is a 1.08 acre lot located in the Gladwyne subdivision. It is zoned AG-1 and is
located in the Rural Milton Overlay. The applicant was approved for a variance in 2018 to
allow the house and septic system to encroach into the 75 foot impervious setback (V18-
009). The applicant now proposes to move the house more into the 75 foot impervious
setback (Exhibit A and B). The subdivision was platted in 1987 which was prior to the
requirement for 75 foot stream buffers. The owner proposes to build a 4,000 square foot
single family home on the property, which is now covered by stream buffers.
Section 20-426, 2 states that an additional 25 foot impervious surface is required in addition
to the 50 feet of buffer, adjacent to a stream. All impervious cover shall be prohibited in this
setback. Since the applicant proposes a house that will encroach into the impervious
setback, a variance is required.
DESIGN REVIEW BOARD (DRB) COURTESY REVIEW:
On October 1, 2019, the DRB offered the following comments:
• No additional encroachment
• The conditions were made for a reason
• This sets a precedence for the future
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Prepared for the Board of Zoning Appeals Meeting on October 15, 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 our streams. The applicant was
previously approved to have a house encroach into the 75 foot impervious setback.
One of the conditions in V18-009 was to not have any further encroachment shown on
the site plan dated 8/27/18 by E303 Engineering (Exhibit C).
• This proposal has a greater impact on property than what was originally approved.
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 moving the house farther in the 75 foot impervious
setback and therefore caused by the applicant.
Staff recommendation:
• Staff recommends denial of this request.
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Exhibit A
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Exhibit B
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Exhibit C (V18-009)