HomeMy WebLinkAboutPacket - BZA - 01-21-2020
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Prepared for the Board of Zoning Appeals Meeting on January 21, 2020
PETITION NUMBER: V19-013
PROPERTY INFORMATION 980 Birmingham Road, Suite 811
DISTRICT, LAND LOT 2 / 380
OVERLAY DISTRICT BIRMINGHAM CROSSROADS OVERLAY
EXISTING ZONING MIX
ACRES 18.37
EXISTING USE COMMERCIAL
FUTURE LAND USE DESIGNATION MIXED USE/LIVING-WORKING
REQUESTED VARIANCES:
• To allow more than one freestanding sign per right-of-way.
(Sec. 64-2326, a, 2, c)
• To allow a sign to be constructed of plastic material.
(Sec. 64-2326, a, 1, c)
• To allow the sign face to be constructed of plastic.
(Sec. 64-2326, a, 1, d).
• To allow a pole/lollypop sign. (Sec. 64-2326, e, 1)
PETITIONER(S) Kyle Barden
ADDRESS 980 Birmingham Road, Suite 811
Milton, GA 30004
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COMMUNITY DEVELOPMENT STAFF ANALYSIS
STAFF CONTACT: CODY HENDRIX
678.242.2513
Background:
The site is an 18.37 acre lot located along the crossroads at Birmingham Highway and
Birmingham Road in the Birmingham Village Shopping Center. It is zoned MIX and is in the
Birmingham Crossroads Overlay. The applicant erected the sign without a sign permit and
was given a courtesy notice by Code Enforcement.
The applicant is requesting a four part variance from the following:
Section 64-2326, a, 2, c states that there may be one freestanding sign per right-of-way
frontage.
Section 64-2326, a, 1, c states the sign structure shall be constructed of wood, brick or stone
and to the extent possible, shall be the same material as the predominant material of the
principal building.
Section 64-2326, a, 1, d states the sign face shall be made out of wood, a material which has
the appearance of carved, distressed, or sandblasted wood, or stone.
Section 64-2326, e, 1 states pylon, pole, lollypop, and projecting signs are prohibited in this
Overlay District.
DESIGN REVIEW BOARD (DRB) COURTESY REVIEW:
On December 3, 2019, the DRB offered the following comments:
• Needs a master signage plan.
• Support the hardship.
• To allow a temporary sign that obeys the sign ordinance.
• Need to make adjustments to the sign ordinance.
• City needs to reach out to the property owner.
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Prepared for the Board of Zoning Appeals Meeting on January 21, 2020
Standards for Consideration:
The approval of a variance is based on the following consideration(s):
• Relief to this article may only be granted where existing foliage or structures bring
about a hardship whereby a sign meeting the maximum letter size, square footage
and height requirements cannot be read from an adjoining road; or
• The application of the particular provision of this zoning ordinance to a particular
piece of property, due to extraordinary and exceptional conditions pertaining to that
property because of its size, shape, or topography, would create an unnecessary
hardship for the owner while causing no detriment to the public.
The applicant response:
• Please see the letter of appeal.
The staff response:
• The applicant constructed and placed the sign without obtaining a sign permit. The
Birmingham Crossroads Sign Ordinance is in place to allow all signage to be unique for
that specific Overlay District (Sec. 64-2326). The existing freestanding sign that is
located at the property does not have the applicant’s business sign attached to the
sign. The sign the applicant constructed does not meet those guidelines and does not
conform to the Birmingham Crossroads Sign Ordinance. The sign structure is not
constructed of wood, brick or stone or have the same material as the predominant
material of the principal building (Sec. 64-2326, a, 1, c). The sign face is not made out
of wood or have the appearance of carved, distressed, or sandblasted wood or stone
(Sec. 64-2326, a, 1, d). The sign is also a pole/lollypop sign and that type of sign is
prohibited in the Birmingham Crossroads Overlay (Sec. 64-2326, e, 1).
• 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 having the location of the sign, material for the sign
structure and sign face, and type of sign. Public safety, health and 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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PETITION NUMBER: V19-014
PROPERTY INFORMATION 643 Glenover Drive
DISTRICT, LAND LOT 2 / 558 & 595
OVERLAY DISTRICT RURAL MILTON OVERLAY
EXISTING ZONING AG-1
ACRES 1.497
EXISTING USE SINGLE FAMILY RESIDENTIAL
FUTURE LAND USE DESIGNATION LOW DENSITY RESIDENTIAL
REQUESTED VARIANCES:
• To allow a pool, pool deck, and pool equipment to encroach into the 75 foot
impervious setback. (Sec. 20-426, 2)
PETITIONER(S) Kim Peppers & Russ Ayres
ADDRESS 643 Glenover Drive
Milton, GA 30004
REPRESENTATIVE Ashley Barton/Georgia Classic Pools
ADDRESS 131 Savana Estates Drive
Canton, GA 30115
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COMMUNITY DEVELOPMENT STAFF ANALYSIS
STAFF CONTACT: CODY HENDRIX
678.242.2513
Background:
The site is a 1.497 acre lot located in the White Columns subdivision. It is zoned AG-1 and is
located in the Rural Milton Overlay. The existing pool was constructed in 2005 and is
encroaching into the 75 foot impervious setback 416 square feet.
This case was originally heard at the December 17, 2019 Board of Zoning Appeals meeting.
After the applicant’s presentation and the Board’s deliberation, the Board recommended to
defer the case to work with City Staff to provide a site plan with less encroachment of the
new pool.
Section 20-426, 2 states that an additional 25 foot impervious setback is required in adjacent
to a stream. Since the applicant proposes to construct a pool , pool deck, and pool
equipment in the 75 foot impervious setback, a variance is required.
Based on the revised site plan dated January 9, 2020, the applicant has moved the
proposed pool out of the 75 foot impervious setback. The existing pool, proposed pool deck,
proposed pool equipment, and proposed retaining wall is encroaching into the 75 foot
impervious setback, which requires a variance.
DESIGN REVIEW BOARD (DRB) COURTESY REVIEW:
On December 3, 2019, the DRB offered the following comments:
• It sets a precedent on allowing new construction in the stream buffer.
• Can relocate the proposed pool.
• Part of the existing pool is in the buffer.
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Prepared for the Board of Zoning Appeals Meeting on January 21, 2020
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 worked with staff to revise the site plan to have the proposed pool have
the least amount of encroachment into the 75 foot impervious setback. The applicant
proposes the new pool out of the 75 foot impervious setback and have only the
retaining wall into the setback. The applicant is requesting at this meeting to legalize
the portion of the existing pool, proposed pool deck, and proposed pool equipment
that will be located in the 75 foot impervious setback (Exhibit A). If the Board should
choose to approve the variance, one of the conditions would be to make the
proposed pool deck be constructed of pervious pavers.
• 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 a necessary hardship since the need for this variance is
based on having the existing pool, proposed pool deck, and pool equipment in the
75 foot impervious setback and not caused by the applicant.
• Allowing the existing pool, proposed pool deck, and pool equipment in the 75 foot
impervious setback 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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Exhibit A
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Exhibit B
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Prepared for the Board of Zoning Appeals Meeting on January 18, 2020
PETITION NUMBER: V19-015
PROPERTY INFORMATION 15770 Thompson Road
DISTRICT, LAND LOT 2 / 471
OVERLAY DISTRICT RURAL MILTON OVERLAY
EXISTING ZONING AG-1
ACRES 9.274
EXISTING USE VACANT LAND
FUTURE LAND USE DESIGNATION LOW DENSITY RESIDENTIAL
REQUESTED VARIANCES:
• To allow a new public road for a subdivision to be two feet from an AG-1 zoned
property. (Sec. 64-2397)
PETITIONER(S) Kamara Makhtar
ADDRESS 990 Holcomb Bridge Road, Suite 2
Roswell , GA 30076
REPRESENTATIVE Richard Duncan
ADDRESS 4302 Farmstead Lane
Kennesaw, GA 30144
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COMMUNITY DEVELOPMENT STAFF ANALYSIS
STAFF CONTACT: CODY HENDRIX
678.242.2513
Background:
The site is a 9.274 acre lot located along Thompson Road and east of the Tanglewood
Preserve subdivision. It is zoned AG-1 and is located in the Rural Milton Overlay. The
applicant is proposing a seven lot subdivision on 9.274 acres.
Section 64-2397 states for new public and private streets must be located a minimum of fifty
feet from any peripheral property line adjoining AG-1 and residentially zoned property unless
interparcel access. Since the applicant proposes a new public road for a subdivision two
feet from an AG-1 zoned property, a variance is required.
DESIGN REVIEW BOARD (DRB) COURTESY REVIEW:
On December 3, 2019, the DRB offered the following comments:
• Against this variance request.
• We have codes in place for a reason.
• Against the density for profit.
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Prepared for the Board of Zoning Appeals Meeting on January 18, 2020
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 proposed new road two feet from the
neighboring property which is zoned AG-1. The minimum allowance of fifty feet is set
in place to allow protection for the surrounding properties from the newly created
road. The project can be developed as of right and with the resulting density that
would be yielded.
• 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 a necessary hardship since the need for
this variance is based on having a new public road for a subdivision two feet from an
AG-1 zoned property and caused by the applicant.
• Allowing the location of the new public road for a new subdivision two feet from an
AG-1 zoned property will cause detriment to the public good. Public safety, health
and 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