HomeMy WebLinkAboutPacket - BZA - 11-19-2019
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Prepared for the Board of Zoning Appeals Meeting on November 19, 2019
PETITION NUMBER: V19-010
PROPERTY INFORMATION 16380 Laconia Lane
DISTRICT, LAND LOT 2 / 240
OVERLAY DISTRICT RURAL MILTON OVERLAY
EXISTING ZONING AG-1
ACRES 2.78
EXISTING USE SINGLE FAMILY RESIDENTIAL
FUTURE LAND USE DESIGNATION LOW DENSITY RESIDENTIAL
REQUESTED VARIANCES:
• To allow a pool, pool deck, and pool equipment to be located in the front yard.
(Sec. 64-1609, b, 1)
PETITIONER(S) Jay Bowling
ADDRESS 16380 Laconia Lane
Milton, GA 30004
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Prepared for the Board of Zoning Appeals Meeting on November 19, 2019
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Prepared for the Board of Zoning Appeals Meeting on November 19, 2019
COMMUNITY DEVELOPMENT STAFF ANALYSIS
STAFF CONTACT: CODY HENDRIX
678.242.2513
Background:
The site is a 2.78 acre lot located in The Hampshires subdivision. It is zoned AG-1 and is
located in the Rural Milton Overlay. The applicant submitted for a pool permit and received
comments that the location of the proposed pool cannot be located in the front yard. This
phase of the neighborhood was platted in 2008 and a building permit was issued in 2011.
Section 64-1609, b, 1 states that pools shall be allowed in the side and rear yards of single-
family dwellings. Since the applicant proposes to construct a pool , pool deck, and pool
equipment in the front yard, a variance is required.
DESIGN REVIEW BOARD (DRB) COURTESY REVIEW:
On November 5, 2019, the DRB offered the following comments:
• We all agree on the hardship.
• Let them build the pool.
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Prepared for the Board of Zoning Appeals Meeting on November 19, 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 applicant has the location of the pool, pool deck, and pool equipment where
they believe is the rear yard of the property. When the single family house was
constructed, the orientation of the house made the front of the house face the HOA
maintained access easement per the site plan dated Sept 30, 2019 for Atlanta
Outdoor Design (Exhibit A). The applicant cannot move the pool to the eastern side of
the property without disturbing the septic system and taking down trees.
• 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 having the proposed pool, pool deck, and pool equipment in the front
yard and not caused by the applicant.
• Allowing the location of the pool, pool deck, and pool equipment in the front yard
will not cause harm. Public safety, health and 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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Prepared for the Board of Zoning Appeals Meeting on November 19, 2019
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Prepared for the Board of Zoning Appeals Meeting on November 19, 2019
Exhibit A