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HomeMy WebLinkAboutAgenda Packet - BoZA - 06/15/2021 AGENDA BOARD OF ZONING APPEALS June 15, 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 May meeting minutes 6. Consideration of Primary Variances a. V21-11, 14779 Wood Road (Administratively Deferred) Request(s): • To allow the an accessory structure housing animals to be located less than 100 feet from the property line. (Sec. 64-415, (a) (4) a.) b. V21-12, 1255 Birmingham Hwy Request(s): • To allow an existing guest house to be located in front of the primary structure (Sec. 64-1598 (b)(5)) • To allow the existing guest house to exceed the 1500 square feet limit. (Sec. 64-1598 (b)(3)) • To allow the existing accessory structures housing animals to be located less than 100 feet from the property line. (Sec. 64-415(a)(9)) 7. Consideration of Appeals/Secondary Variances 8. Old business 9. New business 10. Adjournment ACTION REPORT BOARD OF ZONING APPEALS May 18, 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 Present: Todd Chernik, Hodge Patel, Brenda Hamstead, Stephanie Butler, Kim Keller, Jason Cole, Absent: Don Curt 3. Pledge of Allegiance 4. Approval/Amendment of Agenda Motion to approve: Todd 2nd: Hodge Vote: 6/0 (Approved) 5. Approval of April meeting minutes Motion to approve: Todd 2nd: Brenda Vote: 4/0 (Approved) (2 stay) 6. Consideration of Primary Variances a. V21-09, 200 Tor Court Request(s): • To allow the lot coverage for an CUP zoned property that fronts a public street to go from 20 percent to 25 percent. (Sec. 64-1141, (d) (1)(b)) Motion to approve with conditions: Jason 2nd: Brenda Motion: 6/0 (Approved) Following conditions apply 1. Per site plan received on May 12, 21 by Premier Pool 2. Replace the stone patio with pervious pavers and flo-well or similar mitigation. 3. Remove the concrete walkway. (added after amendment by Todd, seconded by Brenda (motion passed unanimously)) 4. Remove the existing sports court. 5. Provide the flo-well system underneath the pervious pavers of pool deck. 6. Flo-well or similar mitigation should be of size and quantity according to city engineer. b. V21-10, 12655 Birmingham Hwy (Starbucks) Request(s): To allow all wall signs to be made of transparent white lexan and vinyl. (Sec. 64-2325 (b)(4)) To allow internal illumination of all signs (Sec. 64-2325(b)(2)) To allow the 48” diameter sign to remain on the architectural feature. (Sec. 64-2325 (b)(3)) To allow an additional wall sign for a total of four signs. (Sec. 64-2325 (b)(6)) Motion to approve one sign made of lexan and vinyl on the parking lot side of 30” diameter; deny all the internal illumination; deny 3 signs made of lexan and vinyl; deny additional for total of four signs. 2nd: Hodge Motion: 4/2 (Approved) (Brenda and Kim opposed) 7. Consideration of Appeals/Secondary Variances 8. Old business 9. New business 10. Adjournment Shubhangi Jangam From: brumbelow-Reese 8t Associates, inc., <brassinc@comcast.net> Sent: Monday, May 17, 2021 1175 AM To: ShubhangiJanga.rn... Cc: Brvmbelow-Reese and.. Associates, Inc:; rnnizdiI.@me:com Subject: RE: Variance Sign for Nizdil (14779 Wood Rd) CAUTION: This email originated from outside your organization. Exercise caution whenopening attachments or clicking links, especially from unknown senders. Shubha, Mark. Nizdil has decided to withdraw his variance application at this time. Please remove it from the 5/1 DRS &:5/15 B2A agendas. Thanks, Kelly Brumbelow-Reese and Associates, Inc. Land Surveyors,. Land Planners., Development Consultants 1.3685 Highway.9 N Milton, GA 30004-3516 Phone: 770-4756817 Fax; 770-559-4948 Shubhangi ,fangam From: B ru m bel ow- Reese & Associates, Inc: <brassinc@cornmst.net > Sent: Thursday,,June 3, 2.02'1 12:1.9 PM. To: Shubhangi Jangam Ce: B.rumbelow-Reese and.Associates,. Inc. Subject' RE: Varia.nce.Sign.for Nizdil (14779 Wood Rd) CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Shubha, Mark Nizdil has decided he does want to proceed..with his variance how. Can you tell me if you still have the sulornittaI copies from 5/S or if we need to re -run them all? Thanks,. Kelly Brumbelow-Reese and Associates, Inc. Land Surveyors, Land Planners, Development Consultants 13685 Highway 9 N Milton, GA 30004-361.6 Phone: 770-475-6817 Fax: 770-569-4948 From: Brum below -Reese & Associate.s; Inc. rbrassin.c@co.mcast.net> Sent: Monday, May 1.7, 2021.11:15 AM. To: `Shubhangi Jangam' <shubhangi.jangam@cityofmiIto nga.us> Ce: Brumbelow=Reese and Associates, Inc. (brassinc@comcast.net) <brassinc@comcast.net>; `mniidil@.rne.cam' <mnizdil@me.corn> Subject: RE: Variance Sign for Nizdil (147.79 Wood Rd) Shubha, Mark. Nizdil has decided to withdraw his variance application at this t.ime. Please remove it from the 6/1 DRB & 6/15 BZA agendas.. Thanks, Kelly Brumbelow-Reese and Associates, Inc. Land Surveyors, Land Planners, development Consultants 13685 Highway.9 N Milton, GA 30004-3616. Phone: 770-475-6817 Fax: 770-569-4948 Page 1 of 10 V21-12 - Prepared for the Board of Zoning Appeals Meeting on June 15, 2021 PETITION NUMBER: V21-12 PROPERTY INFORMATION 1255 Birmingham Road DISTRICT, LAND LOT 2/ 382, 411 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 ACRES 22.212 EXISTING USE Single Family Residence, Equestrian FUTURE LAND USE DESIGNATION Agricultural, Equestrian, Estate Residential REQUESTED VARIANCE: • To allow an existing guest house to be located in front of the primary structure (Sec. 64-1598 (b)(5)) • To allow the existing guest house to exceed the 1500 square feet limit. (Sec. 64- 1598 (b)(3)) • To allow the existing accessory structures housing animals to be located less than 100 feet from the property line. (Sec. 64-415(a)(9)) PETITIONER/OWNER David Sergile (Dash Capital, LLC) ADDRESS 1255 Birmingham Road Milton, GA 30004 REPRESENTATIVE Scott Reece (Brumbelow-Reese and Associates, Inc.) ADDRESS 13685 Highway 9N Milton, GA 30004 Page 2 of 10 V21-12 - Prepared for the Board of Zoning Appeals Meeting on June 15, 2021 Page 3 of 10 V21-12 - Prepared for the Board of Zoning Appeals Meeting on June 15, 2021 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: Shubha Jangam 678.242.2539 Background: The site is a 22.212-acre lot located on the south side of Birmingham Road. The property is zoned AG-1 and is located in the Rural Milton Overlay District. The property has a residence, a pool, a sports court, a riding ring, two barns and a two-story guest house. The applicant wants to demolish the house, the pool, and the sports court to make room for a new residence. The equestrian facilities with two barns and the guest house are to remain in use. Exhibit A shows the site plan with all the structures on this property. Per Section 64-1598 (b)(5) a guest house can be located in the rear yard of the property. The existing guest house is located in the front yard. Per Section 64-1598 (b)(3) a maximum allowed heated area of a guest house is 1,500 square feet. The existing guest house exceeds that limit. Per Section Sec. 64-415(a)(9) accessory structures housing animals are required to be a minimum of 100 feet from the property lines. The applicant is required to bring all existing structures in compliance before acquiring a new building permit. The two barns housing animals are located less than 100 feet from the east property line. The guest house has 1,604 square foot heated area, and it is located in the front yard. Therefore, these three variances are requested. Exhibit B is showing pictures of the two barns. Exhibit C is showing pictures of the guest house. Exhibit D is showing pictures of the house and the pool that will be demolished. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On June 1, 2021, the DRB met and had the following comments: • DRB recommends approval of all three variances. Page 4 of 10 V21-12 - Prepared for the Board of Zoning Appeals Meeting on June 15, 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 not offend the spirit or intent of the Ordinance, because the barns and the guest house is built prior to the incorporation of Milton and it is consistent with the City’s intent to preserve large parcels of land as well as promote equestrian uses. • Part two: The property is more than 22 acres and contains a lake that divides the property into two parts. Much of the land on the property is occupied by the lake and the undisturbed buffers around it. The existing house as well as proposed house is located in the rear part of this property. The equestrian facilities are in the front part of this property. The guest house is serving the equestrian operation, so it is located near the barns. The literal application of the Ordinance would create an unnecessary hardship to continue the equestrian operation. Therefore, the requested variances for the location and the size of the guest house can be granted. Similarly, the barns are part of equestrian complex are located at suitable part of the property. It would be unnecessary hardship to relocate the barns. Therefore, the variance for allowing the barns at less than 100 feet can be granted. • Part three: The closest barn to the east property line is 70 feet away. However, the property on the east is City owned Green-Space. There will be no housing on the east side of the barns. Therefore, no substantial detriment to the public good and surrounding properties may occur, if these three variances are granted. • Part four: The public safety, health, and welfare are secured, and substantial justice is done by allowing the barns and the guest house to remain. It is consistent with Milton’s goal to preserve its equestrian and rural character. Staff recommendation: • Staff recommends Approval of all requested variance. Page 5 of 10 V21-12 - Prepared for the Board of Zoning Appeals Meeting on June 15, 2021 Letter of Appeal Page 6 of 10 V21-12 - Prepared for the Board of Zoning Appeals Meeting on June 15, 2021 Exhibit A Page 7 of 10 V21-12 - Prepared for the Board of Zoning Appeals Meeting on June 15, 2021 Exhibit B (Pictures of Barns) Page 8 of 10 V21-12 - Prepared for the Board of Zoning Appeals Meeting on June 15, 2021 Exhibit C (Pictures of Guest House) Page 9 of 10 V21-12 - Prepared for the Board of Zoning Appeals Meeting on June 15, 2021 Exhibit D (Picture of Residence to be demolished) Page 10 of 10 V21-12 - Prepared for the Board of Zoning Appeals Meeting on June 15, 2021 Exhibit D Continued Page is too large to OCR.