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HomeMy WebLinkAboutAgenda Packet - BoZA - 04/20/2021 AGENDA BOARD OF ZONING APPEALS April 20, 2021 6:00pm CITY COUNCIL CHAMBERS Zoom Meeting ID: 996 2477 4934 One tap mobile +19292056099,,99624774934#,,,,*556843# US (New York) +13017158592,,99624774934#,,,,*556843# US (Washington D.C) 1. Call to order 2. Roll call 3. Pledge of Allegiance 4. Approval/Amendment of Agenda 5. Approval of February meeting minutes 6. Consideration of Primary Variances a. V21-06, 810 Guardian Court Request(s): • To allow an accessory structure to encroach into the rear yard setback (Sec. 64-416,(i)). To remove a condition set in the case V20-15 approving the encroachment with conditions. b. V21-07, 15785 Burdette Court Request(s): To allow an accessory structure to encroach into the rear yard setback (Sec. 64-416,(i)). c. V21-08, 120 Dorris Road Request(s): • To allow an accessory structure to be constructed in the front yard. (Sec. 64-416 (i)) 7. Consideration of Appeals/Secondary Variances 8. Old business 9. New business 10. Adjournment ACTION REPORT BOARD OF ZONING APPEALS February 16, 2021 6:00pm CITY COUNCIL CHAMBERS 1. Call to order 2. Roll call Members Present: Kim Keller, Todd Chernik, Hodge Patel, Don Curt, Jason Cole 3. Pledge of Allegiance 4. Approval/Amendment of Agenda Motion to move the agenda item 9 a after 5: Todd 2nd: Jason Vote: 5/0 (approved) 5. Approval of December meeting minutes Motion to approve: Todd 2nd: Jason Vote: 5/0 (approved) 6. Consideration of Primary Variances a. V20-27, 770 Cooper Sandy Cove Deferred from last month Request(s): • To allow the lot coverage for an AG-1 zoned property that fronts a public street to go from 20 percent to 25 percent. (Sec. 64-1141, (d) (1)(b)) Motion to approve per site plan 11/16/2020 with condition to add flow well: Don 2nd: Todd Vote:5/0 (approved) The following Items will not be heard before 6:15 PM b. V20-28, 13230 Providence Road Deferred from last month Request(s): • To allow the lot coverage for an AG-1 zoned property that fronts a public street to go from 20 percent to 25 percent. (Sec. 64-1141, (d) (1)(b)) Motion to Deny: Todd 2nd: Hodge Vote:1/4 Motion to approve as per site plan shown in Exhibit E (page 12) with a condition: Jason 2nd: Todd Vote:5/0 (Approved) Condition: Subject to Community Development Director’s determination whether storm water mitigation is necessary such as flo-well. c. V21-01, 210 Pinehurst Walk Withdrawn Request(s): • To encroach into 25-foot City’s undisturbed buffer and 25-foot City impervious setback for the construction of pool and pool deck. (Sec 20-426(1) and (2)) Motion to accept the withdrawal: Todd 2nd: Hodge Vote: 5/0 (approved) d. V21-02, 13195 Freemanville Road Request(s): • To allow a new barn to be located less than 200 feet from the property lines (Sec. 64-461 (1)(b)) • To allow the new barn to be located in the front yard of the property (Sec 64-462 (i)) Motion to approve per site plan 11/ 30/ 2020, setback 35 feet, foot print 40 by 45, with condition to face interior of the property: Hodge 2nd: Todd Vote: 5/0 The following Items will not be heard before 6:45 PM e. V21-03, 960 Landrum Road Request(s): • To allow the pool to be located within the front yard (Sec 64-1609, (b)(1)) • To allow the cabana to be located in the front yard. (Sec 64-416 (i)) Motion to approve as per site plan 10/15/2020 with Conditions set forth by staff: Jason 2nd: Todd Vote:5/0 (Approved) f. V21-04, 910 Nix Road Request(s): • To allow existing barn (not housing animals) to remain in the front yard (sec 64-416 (i)) • To allow the existing barn to encroach into the front yard setback (Sec. 64-416 (b)) Motion to approve per site plan 1/21/21 in Exhibit B limited to storage only: Todd 2nd: Jason Vote: 5/0 (Approved) The following Items will not be heard before 7:15 PM g. V21-05, 14500 Wood road Request(s): • To allow the existing garage and the barn (not housing animals) to encroach into the side setback as shown on the survey issued 12-16- 2020. (Sec 64-416 (c)(1)) Motion to approve with limit to use as a storage only: Todd 2nd: Jason Vote: 5/0 (Approved) 7. Consideration of Appeals/Secondary Variances 8. Old business 9. New business (discussed after item 5) a. Vote for the 2021 Board of Zoning Appeal Chair and Vice Chair Motion to nominate Todd to Chair: Jason 2nd: Hodge Vote: 5/0 Motion to nominate Hodge to the vice chair: Todd 2nd: Kim Vote: 5/0 10. Adjournment Motion: Hodge 2nd: Todd Vote: 5/0 (Approved) Page 1 of 11 V21-06 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 PETITION NUMBER: V21-06 PROPERTY INFORMATION 810 Guardian Court DISTRICT, LAND LOT 2 / 392 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 ACRES 1.08 EXISTING USE Residential FUTURE LAND USE DESIGNATION Low Density Residential REQUESTED VARIANCE: • To allow an accessory structure to encroach into the rear yard setback (Sec. 64-416, i). Remove the size condition set in V20-15 PETITIONER/OWNER Wayne Massey ADDRESS 810 Guardian Court Milton, GA 30004 REPRESENTATIVE Brent Leibee (Stone Column Properties LLC) ADDRESS 7772 Turner Road Suit B Woodstock, GA 30188 Page 2 of 11 V21-06 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Page 3 of 11 V21-06 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: Shubha Jangam 678.242.2539 Background: The site is a 1.08-acre lot located on the west side of Guardian Court in The Manor subdivision. This property is zoned AG-1 and is located in the Rural Milton Overlay District. In August 2020, the applicant received two variances; one for allowing an accessory structure to encroach into the rear yard setback and second for allowing an existing fireplace to be located in the side yard. Exhibit A shows the plan presented in 2020. The size of the structure was shown 23 feet by 25 feet. When approving, the BZA placed a condition to limit the structure to the stated size. The applicant applied for a permit that showed 25 feet by 38 feet size structure in January 2021, as shown in Exhibit B. The staff reminded the applicant about the condition and advised to reduce the size. The applicant asked to remove the condition instead, leading to this variance request. Section 64-416, (i) states that accessory structures may be located in rear or side yards but shall not be located within a minimum yard. The applicant was allowed to encroach 13 feet into rear yard and the applicant stated that the request is only for larger size and the 37 feet setback will be maintained. However, the latest site plan was provided on March 2, 2020 at the DRB meeting. It is presented in Exhibit C and it shows the pool house size of 25 feet by 31 feet and the encroachment of 20 feet. Since this is more than what was approved in V20-15 it will be considered as a separate variance. The proposed elevations and renderings of the pool house are shown in Exhibit D. Exhibit E shows the pictures of the site. It can be seen that the proposed structure will be viewed from the barn and house on the Westbrook Road. Exhibit F shows the concept plan included in the variance case V20-15. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On March 2, 2021, the DRB met and had the following comment: • DRB recommends getting letters of support from the neighbors. • DRB recommends approval. Page 4 of 11 V21-06 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 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 proposed pool house is larger than previously approved by the BZA and it is now encroaching 7 feet more into the setback than what was approved pursuant to V20-15. It would offend the spirit of the ordinance if approved for a further encroachment. • Part two: Incorporating the existing fireplace required the applicant to change the design. However, the applicant did not do the due diligence required before applying for the earlier variance. The applicant is now asking for further encroachment with a larger pool house. Therefore, this is a self-imposed hardship. • Part three: If the condition is removed and additional encroachment is allowed the public good is not attained by building closer to the adjacent property to the west. • Part four: The public safety, health and welfare are not secured, and that substantial justice is not done by allowing more elaborate development than previously agreed, and further encroachment into the rear setback. Staff recommendation: • Staff recommends denial of the variance. If the BZA chooses to approve the variance following conditions are recommended • Provided a 37 feet Setback to be maintained where the building is proposed. • The size shall be limited to 25 feet by 31 feet. Page 5 of 11 V21-06 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Letter of Appeal Page 6 of 11 V21-06 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Exhibit A Page 7 of 11 V21-06 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Exhibit B Page 8 of 11 V21-06 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Exhibit C Page 9 of 11 V21-06 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Exhibit D: Proposed Elevations and Renderings Page 10 of 11 V21-06 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Looking southwest and west Looking west and northwest Exhibit E: Pictures of the site looking towards rear property line Page 11 of 11 V21-06 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Exhibit F: Concept plan and drawings submitted for V20-15 Page is too large to OCR. Variance Approval Jul 6, 2020 a 7:59:14 AM chrismasseyl@gmall.com To whom it may concern. We ' neighbors to Chris and Wayne Massey, i numberaddress 810 GuardianCourt, MasseyAlpharetta, GA 30004. We approve the variance requested by the • purposes of work they are performing on their property. •! i # Ridge Court, ! e' ' r 1 0004 Please let me know if you• • have questions regarding our approval. Kim and Kevin Perpetua (678) 91 Massey Cabana Wayne and I wanted to update you and get your approval on Our pool cabana project in our back yard. You had all signed off on it when we were getting our initial approval. Since that time, we have gotten an architectural drawing with more detailed drawings and placement. The shape of our lot along with our existing pool area has made it challenging to get everything to fit. We have attached the plans for the cabana and plat, showing the encroachment to the property line. We appreciate you signing off on a 30 ft buffer from the rear property lines. We are still in the process of getting it approved through The City of Milton and hope this will help with the final approval. Thanks, Wayne & Chris Massey 810 Guardian Ct Alpharetta GA 30004 770-262-9771 (signaturey A; � 1i ` , July 24, 2020 To Whom It May Concern, This letter is to let you know that we approve of the plan and variance for a pool cabana to be built by Wayne and Chris Massey, residing at 810 Guardian Ct., Alpharetta, GA 30004, on Lot 414 in The Manor Golf and Country Club, We are neighbors and our property, Lot 411, is in the same cul de sac as the Masseys. Brad and Jennifer Bailey 2852 Stirling Ridge Ct. Alpharetta, GA 30004 1-7,j 171 Massey Cabana Wayne and I wanted to update you and get your approval on our pool cabana project in our back yard. You had all signed off on it when we were getting our initial approval. Since that time, we have gotten an architectural drawing with more detailed drawings and placement. The shape of our lot along with our existing pool area has made it challenging to get everything to fit. We have attached the plans for the cabana and plat, showing the encroachment to the property line. We appreciate you signing off on a 30 ft buffer from the rear property lines. We are still in the process of getting it approved through The City of Milton and hope this will help with the final approval. Thanks, Wayne & Chris Massey 810 Guardian Ct Alpharetta GA 30004 770-262-9771 signature) ---> Stephen H. and Lisa C. Evans 2832 Stirling Ridge Ct. Milton, GA 30004 July 3, 2020 City of Milton Zoning 2006 Heritage Walk Milton, GA 30004 To Whom it May Concern, The Masseys' Wayne and Chris, who reside next door to us at 810 Guardian Ct., Lot 414 in The Manor Golf and Country Club, have shown us plans to build a cabana adjacent to their pool. We are in total agreement and approve their plans to build this structure. Regards, Stephen H. Evans Lisa C. Evans Massey Cabana Wayne and I wanted to update you and get your approval on our pool cabana project in our back yard. You had all signed off on it when we were getting our initial approval. Since that time, we have gotten an architectural drawing with more detailed drawings and placement. The shape of our lot along with our existing pool area has made it challenging to get everything to fit. We have attached the plans for the cabana and plat, showing the encroachment to the property line. We appreciate you signing off on a 30 ft buffer from the rear property lines. We are still in the process of getting it approved through The City of Milton and hope this will help with the final approval. Thanks, Wayne & Chris Massey 810 Guardian Ct Alpharetta GA 30004 770-262-9771 N - C�- I , ') e' I E �'f �' Q- si 'nature) Massey Cabana Wayne and I wanted to update you and get your approval on our pool cabana project in our back yard. You had all signed off on it when we were getting our initial approval. Since that time, we have gotten an architectural drawing with more detailed drawings and placement. The shape of our lot along with our existing pool area has made it challenging to get everything to fit. We have attached the plans for the cabana and plat, showing the encroachment to the property line. We appreciate you signing off on a 25 ft buffer from the property lines. We are still in the process of getting it approved through The City of Milton and hope this will help with the final approval. Thanks, Wayne & Chris Massey 810 Guardian Ct Alpharetta GA 30004 770-262-9771 (signature) 2 `-� u Vit . CT- Sreedhar Gollu, 825 Guardian Ct, Milton, Ga, 30004 07/24/2020 City of Milton Zoning 2006 Heritage Walk Milton, GA, 30004 To Whom it May Concern, The Wayne Massey and Chris, who reside in colisack oppisit to our house at 810 Guardian Ct, Lot # 414 in the Manor Golf and County Club. We approve the variance as shown in the plan to build a cababa. Thank You, Regards Sreedhar Gollu. Hello, I am a resident in the West side of the Manor neighborhood and a direct neighbor to Chris and Wayne Massey. We approve the variance requested by the Massey Family at lot number 414, 810 Guardian Court, Alpharetta Ga 30004, This is in regards to work they are performing on their property. My address is 820 Guardian Court, Alpharetta Ga 30004. Rega rds- CyndiJacobs )V Massey Cabana Wayne and I wanted to update you and get your approval on our pool cabana project in our back yard. You had all signed off on it when we were getting our initial approval. Since that time, we have gotten an architectural drawing with more detailed drawings and placement. The shape of our lot along with our existing pool area has made it challenging to get everything to fit. We have attached the plans for the cabana and plat, showing the encroachment to the property line. We appreciate you signing off on a 30 ft buffer from the rear property lines. We are still in the process of getting it approved through The City of Milton and hope this will help with the final approval. Thanks, Wayne & Chris Massey 810 Guardian Ct Alpharetta GA 30004 770-262-9771 l Kelly Karson Aug 3,2020 at 8*48*51 PM chrismasseyl@gmail.com, Steve To whom it • concern, Steve 'Ind ikelly i, o approve variance required for Chris and Wayne Massey to build their outdoor Ib• • Thank o and please __ free o contact Kelly i Steve Karson iWestbrook f Alpharetta, 404-791- XFT���Ory Wayne and I wanted to update you and get your approval on our pool cabana project in our back yard. You had all signed off on it when we were getting our initial approval. Since that time, we have gotten an architectural drawing with more detailed drawings and placement. The shape of our lot along with our existing pool area has made it challenging to get everything to fit. We have attached the plans for the cabana and plat, showing the encroachment to the property line. We appreciate you signing off on a 30 ft buffer from the rear property lines. We are still in the process of getting it approved through The City of Milton and hope this will help with the final approval. Thanks, Wayne & Chris Massey 810 Guardian Ct Alpharetta GA 30004 770-262-9771 t (signature 1! LJ _ Re: Letter for VariancZ ��, Chris Massey Welive at 15750HopewellRoad in Milton. property • ` and we are f ine with them building a pool cabana. Thank • Kristen & Clint Darnell DarnellSent from my Phone Kristen i 8" .i k1 S � kF S� S p Fo I_ 6 !!, O a m m � m O O a y n S- I No Text 0. s m° m - APP7OX E{ _ NOO °35 f Fj E 8�' sraeu�v��osdfo0) a�islf0 7----------- t+a _o d of layng Paq-Ls! uPf],OS - - - ProPo5ed36�-"rVariance i ~, -- -- toed - ^ 01 J Cl) AQF s � I a m r `�y ^ 760 \�6�9✓ acl (0019�7 c o <s o 0a 2a � �n ' O v A _ m v�•a � to `" o- 0 i � nZm c Page 1 of 12 V21-07 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 PETITION NUMBER: V21-07 PROPERTY INFORMATION 15785 Burdette Court DISTRICT, LAND LOT 2/ 263, 314 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 ACRES 1.20 EXISTING USE Residential FUTURE LAND USE DESIGNATION Low Density Residential REQUESTED VARIANCE: • To allow an accessory structure to encroach into the rear yard setback. (Sec. 64-416, (i) PETITIONER/OWNER Greg Tinker ADDRESS 15785 Burdette Court Milton, GA 30004 REPRESENTATIVE Greg Tinker ADDRESS 15785 Burdette Court Milton, GA 30004 Page 2 of 12 V21-07 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Page 3 of 12 V21-07 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: Shubha Jangam 678.242.2539 Background: The site is a 1.20-acre lot located on the west side of Burdette Court in Milton Crossing subdivision. This property is zoned AG-1 and is located in the Rural Milton Overlay District. Exhibit A is showing the proposed accessory structure on the site. It also shows the pool that was permitted in January. The primary and secondary septic lines are shown on the site plan with the natural watershed area in the middle of the property. Per Section 64-416, (i) accessory structures may be located in rear or side yards but shall not be located within a minimum yard. The applicant wants to build an accessory structure in the rear, 25 feet from the property line. The minimum rear yard setback is 50 feet in the AG-1 zoning district. Therefore, this variance is requested. Fulton County Health Department approval stamp is for the house only since all other structures are not proposed with the house layout. The staff proposed the other locations for the accessory structure. The applicant maintains that all other locations are undesirable. The applicant presented Exhibit D to the DRB on March 2, 2021. It is showing that northeast corner of the property is undevelopable. The staff visited the property on March 15 and saw that the corner is being prepared to build a batting cage. The applicant wants to pursue the request for the variance to build an accessory structure in the rear setback as shown in Exhibit A. Exhibit B is showing the plan and elevations for the proposed structure. Exhibit E, F are pictures taken by the staff on site visits. Exhibit G shows the batting cage, pictures taken by code compliance staff. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On March 2, 2021, the DRB met and had the following comment: • DRB recommends getting letters of support from the neighbors. • DRB recommends including pictures of backyard in the packet. • DRB recommends approval. Page 4 of 12 V21-07 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 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: Relief, if granted would offend the spirit of the Ordinance since the proposed structure could be built on other appropriate location outside the minimum setback. The purpose of the setbacks is to leave certain distance from neighboring properties even when the neighboring property is not developed yet. • Part two: The topography on the site is not challenging for the construction of an accessory structure. There are other locations on the site where the structure could be built. The watershed area is not in any type of stream buffer. There is no extraordinary hardship not caused by the variance applicant. • Part three: Relief if granted would cause detriment to the public good and surrounding properties because the proposed accessory structure is close to the rear property line. And may negatively impact future uses of the property on the west. • Part four: The public safety, health and welfare are not secured, and substantial justice is not done when the property is developed without minimum setbacks. Staff recommendation: • Staff recommends denial of the variance. Page 5 of 12 V21-07 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Letter of Appeal Page 6 of 12 V21-07 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Exhibit A Page 7 of 12 V21-07 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Exhibit B Page 8 of 12 V21-07 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Exhibit C Page 9 of 12 V21-07 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Exhibit D (by applicant at DRB March 2, 2021) Page 10 of 12 V21-07 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Exhibit E (Staff site visit March 15, 2021) Page 11 of 12 V21-07 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Exhibit F (Staff site visit March 15, 2021) Page 12 of 12 V21-07 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Exhibit G (code compliance visit) y _NVIRCNMENTAL HEALTH SERVICES DIVISION _ P OVED FOR SITE LOCATION i+r POVER FOR CONSTRUCTION OVEq FOR CONSTRUCTION WITH EXCEPTIONb, xS NO rr-D �~h U7 0 u I Q z=rel❑> fM CC) f� YI �� MM C-)�Q1� o 0 b C M Sn'O zN�D 34 u 10m 3-ApS7�y,3 �frl Ev 0 3 x n d o o C m z a Z P p Quo �77 'Nan�7a, a r 2�Crl�z- rn CO a Q ���rrII1 ofrto0RC� Ln LZ-1n� PrnC Zorn m� b prn °°Prz rn+ daopa N to pa�7�o{rn T� o ❑c ��z7 1-1v Z Rm m a�-ri w -0 C3 <[-� �cz n m 0°p m �rnC --j 0� �nP=z�Q=ap� C70 m a m a C y C An A,r rn rn p�z D0 � r Q � Z rm� ❑ e� u'U,p rrn >rnp v m- z�n 23 � nm c❑� to p n o vzo �= Q Q$ rnv a�❑gym rnQurn z �7 2 rn Q a , � m a rnp �:l = z p[pjW 324 o=mrn z�n I zrnLn a rr =v mz �d -p o ��❑ nr1x -I� I�7� C7�v f77C �msrn C r Z'C77` G7 a2 O > O �s+�r�I�O T IT of !"mol �v NOz yp z �Oorn rn �m� m�[n 0 >znr zrn Cvz Ln Z G-1�'P� r= C70^ rn a G)rn 7a>z A Z� mo Z s l Z Z C MH z, rn ?rn�A �� �r�rncn �n ❑ern rn z "o- � �� m pn oU) �> ptm z C� v Q �m carny z Q1 �C ppC Cul ❑ r vrn,n a�, ��4n mv� a Cpl��❑mm rm _ rn mm rna zT �y"z r v r 3 rn y A 2 0n Q 5= 2� Z Q E rn a �x = M A r) Q rn19 n0 CO � =m ❑ 3 �[cn SDr rn� ti z z ox� _ rn zn Q T Til �j 4 Z M G) I, A zC �co o yo a �T >Ph'i❑❑ 0r- w -n X DM -n r, 3 cyM � ZQ z p a a Fn S5 -10 n W p M Dr - M p ❑2 C Le) y 3 Q In to A 'min � S[!]3 (n00yj ]prnm aZ z r�+ q zrnrn e M �J ❑ 3 M o mprn O -rp 2 rn TTI M m => rn�'a ,-� �c�nrn�Nrrl�� a rII rn n -'n 61 ��C7i N z= W c � n nen = a * err ��+ * I3 n fn rn 7nrn N z p Orn "Z z pz w � 0303 o M a n M Z Qio A %C7ov ;'D �� is X vl c CA.o S=Qn Cp O ❑ 111, �o Z Co rn W �� Fn mco Q a T Til �j 4 Z N ,--` - a r � A 0 0 a �T >Ph'i❑❑ i o a3 rA �cnnzr�'r, o��°nz S p4z�r O �mIJ I[i r, 3 p Q a rn a p a N Fn S5 -10 n W v 3OU3o❑µms A�rnm W ❑2 C Le) y 3 w Ln In to A 'min � S[!]3 (n00yj ]prnm aZ z r�+ q zrnrn e M �J ❑ rrJ mArnv o mprn pQ , S rn.v��z3f-r 2 rn => rn�'a ,-� �c�nrn�Nrrl�� a rII rn n -'n 61 ��C7i N z= OM n nen = a * err ��+ * I3 n fn rn 7nrn N z p Orn "Z {I7 pz m QGp o -la �� CJ�srnnb3l -M n rn Qio rnp�u' %C7ov ;'D �� is X vl c CA.o S=Qn Cp O ❑ 111, �o Qrn Co rn W �� Fn mco m Q a QN a>z zZ cu n n -3 � Mtn 1, X� m �U❑ mz o n� 6 0 xT a m 70 a 3 r) C V > 10 n�n a M m a rn S n w s 0 z -nm m rn r z i V, s ,f t^b §�� V, s d ...... .. ... Uj . R er� I- IPI d ...... .. ... . R er� I- . R er� I- �jf PrIl JZ� �jf PrIl �jf I ;"Il I /�, '. 77" d"). I I 4-1 I I / � \ � � } � \ \ \ I / � I Variance for 15785 Burdette Court To: City of Milton Design Review Board (DRB) Subject: Tinker Home, 15785 Burdette Ct. Milton, Ga. 30004 Rear Setback Change Request DRB, As neighbors to the Tinker Family, we are supportive of them requesting the change of the rear setback from 50' to 25' so that they may build a shop that the HOA approves. Regards, Milton Resident, R0,5 cn;i sqd Lx) Address: s-795- 6If/Z4DU77C C-7 M I LTO eJ G q 3 0(�OI This letter was reviewed by Greg Tinker 7-1169 Date: 2/22/2021 Variance for 15785 Burdette Court To: City of Milton Design Review Board (DRB) Subject: Tinker Home, 15785 Burdette Ct. Milton, Ga. 30004 Rear Setback Change Request DRB, As neighbors to the Tinker Family, we are supportive of them requesting the change of the rear setback from 50' to 25' so that they may build a shop that the HOA approves. Regards, Mil in Resident, �g`av Address: ire This letter was reviewed by Greg Tinker 7-1169 Date: 2/22/2021 Variance for 15785 Burdette Court To: City of Milton Design Review Board (DRB) Subject: Tinker Home, 15785 Burdette Ct. Milton, Ga. 30004 Rear Setback Change Request a: As neighbors to the Tinker Family, we are supportive of them requesting the change of the rear setback from 50' to 25' so that they may build a shop that the HOA approves. Regards, Milton Resident, Address: This letter was reviewed by Greg Tinker 7-1169 Date: 2/22/2021 Variance for 15785 Burdette Court To: City of Milton Design Review Board (DRB) Subject: Tinker Home, 15785 Burdette Ct. Milton, Ga. 30004 Rear Setback Change Request DRB, As neighbors to the Tinker Family, we are supportive of them requesting the change of the rear setback from 50' to 25' so that they may build a shop that the HOA approves. Regards, Milton Resident, Address: '; This letter was reviewed by Greg Tinker Ooe // . 678-427-1169 Date: 2/22/2021 S�e V e 'C" ' Variance for 15785 Burdette Court To: City of Milton Design Review Board (DRB) Subject: Tinker Home, 15785 Burdette Ct. Milton, Ga. 30004 Rear Setback Chanee Reauest DRB, As neighbors to the Tinker Family, we are supportive of them requesting the change of the rear setback from 50' to 25' so that they may build a shop that the HOA approves. Regards, 401uj Milton Resident, Address: I SI -q a d3 This letter was reviewed by Greg Tinker 678-427-1169 Date: 2/22/2021 Page 1 of 10 V21-08 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 PETITION NUMBER: V21-08 PROPERTY INFORMATION 120 Dorris Road DISTRICT, LAND LOT 2/ 995 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 ACRES 3.38 EXISTING USE Single Family Residence FUTURE LAND USE DESIGNATION Agricultural, Equestrian, Estate Residential REQUESTED VARIANCE: • To allow an accessory structure to be constructed in the front yard. (Sec. 64-416, (i)) PETITIONER/OWNER Howard Rogers ADDRESS 120 Dorris Road Milton, GA 30004 REPRESENTATIVE Scott Reece (Brumbelow-Reese and Associates, Inc.) ADDRESS 13685 Highway 9N Milton, GA 30004 Page 2 of 10 V21-08 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Page 3 of 10 V21-08 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: Shubha Jangam 678.242.2539 Background: The site is a 3.38-acre lot located on the west side of Dorris Road. This property is zoned AG-1 and is located in the Rural Milton Overlay District. Per Section 64-416, (i) accessory structures may be located in rear or side yards but shall not be located within a minimum yard. The applicant wants to build an accessory structure in the front, 65 feet from the property line. The minimum front setback for the property is 60 feet. This barn will not be housing animals but will be used for the storage of a trailer. The site plan is presented in Exhibit A, showing the proposed accessory structure of 60 feet by 40 feet in southeast corner. The concept drawings are shown in Exhibit B. Whereas, the proposed barn colors are shown in Exhibit C. Site pictures showing the topography and existing conditions are presented in Exhibit D. As can be seen on the site plan, the house is set in the far back on this property. The creek is located in the middle of the property surrounded by the wooded landscape. A new building will be required to comply with stream buffer and non-impervious setback total of 75 feet. There was a barn on the property earlier at the same location. Currently, there is no structure at this corner. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On April 13, 2021, the DRB met and had the following comments: • DRB recommends the approval of variance. • DRB recommends a condition that the barn architecture to be subject to DRB approval before permitting. Page 4 of 10 V21-08 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 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 barn will be built in the front since there is limited buildable areas in the side or rear of the property. Also, the barn will be replacing the former accessory structure at the same location. Therefore, the relief if granted would not offend the intent of the Ordinance. • Part two: The topography on the site is challenging for the construction of an accessory structure. Moreover, there is a creek located in the middle of the property and the City requires 75 feet buffer setbacks on both sides of the stream. These conditions create the hardship that is not caused by the applicant. Therefore, the variance can be granted. • Part three: Relief if granted would not cause detriment to the public good and surrounding properties because the design of the barn will be required to match the rural character of the area. • Part four: The public safety, health and welfare are secured, and substantial justice is done when the stream is protected, and the structure is built on the suitable part of the property. Staff recommendation: • Staff recommends Approval of the variance. • Staff recommends the condition to require the architecture of the barn be approved by the DRB prior to the issuance of the building permit. Page 5 of 10 V21-08 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Letter of Appeal Page 6 of 10 V21-08 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Exhibit A Page 7 of 10 V21-08 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Exhibit B Page 8 of 10 V21-08 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Exhibit C Page 9 of 10 V21-08 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Exhibit D (Site Pictures) Site Entrance Property Frontage Page 10 of 10 V21-08 - Prepared for the Board of Zoning Appeals Meeting on April 20, 2021 Exhibit D Continued (Site Pictures) Site Topography Location of proposed accessory structure Page is too large to OCR.