HomeMy WebLinkAboutPacket - BZA - 09-17-2019
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.
This request was originally heard at the August 20, 2019 Board of Zoning Appeals meeting.
After the applicant’s presentation and the Board’s deliberation, the Board decided to defer
the item to allow the applicant to meet with the City Architect to discuss alternative
locations for the structure.
The applicant met with the City Architect and proposes to construct a twenty foot by
nineteen foot play structure that is nine feet from the rear property line (Exhibit A). The
applicant is proposing a garage addition to the front of the house that encroaches into the
front yard setback 4.4’. The applicant will submit for a minor variance to be in compliance.
The applicant shows a proposed landscape strip that will shield the play 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 the applicant is
constructing a playground 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 from the original request:
• Match existing buildings
• Minimum 25 foot encroachment
• Landscape type and plan at rear yard year round
• Ask Board of Zoning Appeals to deny the pavilion 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 applicant met with the City Architect to discuss alternative locations for the
accessory structure and location with the least amount of impact for the surrounding
neighbors. The new proposed play structure would be designed as a traditional swing
set having no sides, roof (hard or fabricated) or decks. The location of the garage
would be the least impactful for the surrounding neighbors and still maintain the rural
character.
• The applicant has 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 play structure in the minimum rear yard.
• Allowing the construction of the play structure in the rear yard will not cause harm
public safety, health welfare will be secured, and substantial justice will be done for
the surrounding properties.
Staff recommendation:
• Staff recommends approval 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