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HomeMy WebLinkAboutAgenda Packet - BoZA - 11/24/2020 AGENDA BOARD OF ZONING APPEALS NOVEMBER 17, 2020 6:00pm CITY COUNCIL CHAMBERS Join Zoom Meeting https://zoom.us/j/92784320829 1. Call to order 2. Roll call 3. Pledge of Allegiance 4. Approval/Amendment of Agenda 5. Approval of October meeting minutes 6. Consideration of Primary Variances a. V20-24, 795 Colonial Lane Request(s): • To allow an addition on a single-family dwelling to encroach into the rear yard setback. (Sec 64-416(d)) The following Items will not be heard before 6:15 PM b. V20-25, 14102 Seabiscuit Request(s): • To allow a pool, pool deck and pool equipment to encroach into the side yard setback. (Sec 20-426,(1)(2)) c. V20-26, 660 Glendalough Court Request(s): • To allow an accessory structure to encroach into the side yard setback. (Sec 64-416,(i)) The following Items will not be heard before 6:45 PM d. V20-27, 770 Cooper Sandy Cove 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)) The following Items will not be heard before 7:00 PM e. V20-28, 13230 Providence Road 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)) The following Items will not be heard before 7:15 PM f. V20-29, 15880 Burdette Court Request(s): • To allow a 2.73-foot encroachment of a house into 60-foot front yard setback. (Sec. 64-416,(b)) (Applicant is requesting to Withdraw the request.) g. V20-30, 15830 Burdette Court Request(s): • To reduce the 25-foot side setback to 18.33 feet. (Sec. 64-416, (c)(1)) (Applicant is requesting to Withdraw the request.) 7. Consideration of Appeals/Secondary Variances 8. Old business 9. New business a. 2021 Board of Zoning Appeal Meeting Schedule 10. Adjournment ACTION REPORT BOARD OF ZONING APPEALS OCTOBER 20, 2020 6:00pm CITY COUNCIL CHAMBERS 1. Call to order 2. Roll call Members Present: Jake Ward, Brenda Hamstead, Hodge Patel, Todd Chernik, Don Curt, Kim Keller 3. Pledge of Allegiance 4. Approval/Amendment of Agenda Motion to Amend: Todd Chernik Amend: • A ten minute break after case V20-19 2nd: Kim Keller Vote: 6-0, Motion Approved Motion to Approve Amended Agenda: Todd Chernik 2nd: Hodge Patel Vote: 6-0, Motion Approved 5. Approval of September meeting minutes Motion to Approve: Todd Chernik 2nd: Brenda Hamstead Vote: 3-0*, Motion Approved *Hodge Patel, Don Curt, and Jake Ward abstained their vote as they were not present at the September Board of Zoning Appeals meeting. 6. Consideration of Primary Variances a. V20-14, 705 Nettlebrook Lane Request(s): • To allow an accessory structure to encroach into the side yard adjacent to a street (Sec. 64-416(c)(2)}. Motion to Approve with Conditions: Hodge Patel Conditions: • Provide a landscape plan along Redd Road to be approved by the City Arborist prior to issuance of building permit for the structure. • Proposed garage structure to be reviewed and approved by City Architect prior to issuance of building permit. • The accessory structure cannot contain a kitchen and will be treated as an accessory structure, which will be limited to an office and bathroom. • Reference C3 Studios elevation plans dated October 12, 2020 as well as the boundary survey prepared by Foothills Surveying dated 5/20/2020 2nd: Don Curt Vote: 6-0, Motion Approved b. V20-19, 640 Dorris Road Request(s): • To request a variance of 140 feet to allow the minimum setback for a pen for dogs to be sixty feet from the northern property line instead of the required 200 feet (Sec. 64-415(a)(9)}. • To request a variance of 150 feet to allow the minimum setback for a pen for dogs to be fifty feet from the eastern property line instead of the required 200 feet (Sec. 64-415(a)(9)}. • To request a variance of seventy-five feet to allow the minimum setback for a pen for dogs to be 125 feet from the southern property line instead of the required 200 feet (Sec. 64-415(a)(9)}. • To request a variance of 120 feet to allow the minimum setback for a pen for dogs to be eighty feet from the western property line instead of the required 200 feet (Sec. 64-415(a)(9)}. Motion to Deny: Todd Chernik 2nd: Jake Ward Vote: 4-2*, Motion Approved. *Brenda Hamstead and Don Curt voted in opposition. c. V20-21, 12725 New Providence Road Request(s): • To change the fifty-foot rear setback to twenty-five feet. (Sec. 64-416(d)} Motion to Approve: Kim Keller 2nd: Jake Ward Vote: 6-0, Motion Approved d. V20-22, 14875 Taylor Road Request(s): • To reduce the 100-foot building setback for housing animals to eighteen feet for existing shed/stable. (Sec. 64-415(2)} • To reduce the 100-foot building setback for housing animals to twenty-six feet for existing barn/stable. (Sec. 64-415(2)} Motion to Approve: Brenda Hamstead 2nd: Todd Chernik Vote: 6-0, Motion Approved e. V20-23, 555 Lost River Bend Request(s): • To reduce the front yard setback from sixty feet to twenty-five feet. (Sec. 64-416(b)} Motion to Approve with Conditions: Hodge Patel Conditions: • Per the site plan from Landman Inc. dated 8/18/2020. 2nd: Jake Ward Vote: 6-0, Motion Approved 7. Consideration of Appeals/Secondary Variances 8. Old business • Work with IT and the Board members to get access to City Emails. • To give Board members training video on the new Tree Ordinance. 9. New business 10. Adjournment Page 1 of 8 V20-24 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 PETITION NUMBER: V20-24 PROPERTY INFORMATION 795 Colonial Lane DISTRICT, LAND LOT 2 / 486 OVERLAY DISTRICT RURAL MILTON EXISTING ZONING AG-1 ACRES 1.06 Acres EXISTING USE Single Family Residential FUTURE LAND USE DESIGNATION AGRICULTURAL, EQUESTRIAN, ESTATE RESIDENTIAL REQUESTED VARIANCES: • To allow addition on a single family dwelling to encroach into the rear yard setback. (Sec. 64-416 (d)) PETITIONER/OWNER Ray and Susan Shu ADDRESS 795 Colonial Lane Milton GA 30004 REPRESENTATIVE Ray and Susan Shu ADDRESS 795 Colonial Lane Milton GA 30004 Page 2 of 8 V20-24 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Page 3 of 8 V20-24 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: Shubha Jangam 678.242.2539 Background: The site is a 1.06-acre lot located on the west side of Colonial Lane. This property is zoned AG-1 and is located in the Rural Milton Overlay District. The final plat for this property was approved in 2001. As per Sec. 64-416 (b)(a), sixty-foot front setback is approved for this lot (Exhibit A). The property has a 50-foot rear setback along the northwest property line and 25-foot set back on southwest property line. The lot is like a triangular shape, which by definition of the Zoning Ordinance only has a front and sides. So, the property effectively has only 2 setbacks; front setback of 60’ along Colonial lane and two side setbacks 25 feet along the interior property lines. The applicant is proposing an addition to the existing house that would encroach the rear setback (Exhibit B). The house is sitting on the highest level on the lot. Moreover, the property is sloped and wooded on both sides. Therefore, the applicant is requesting a variance to encroach into the rear yard setback. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On November 3, 2020, the DRB met and had the following comment: • Recommended to approve the variance. Page 4 of 8 V20-24 - Prepared for the Board of Zoning Appeals Meeting on November 17, 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: • Part one: The relief would not offend the spirit of the Ordinance because the shape of this property has caused unusual setbacks. The rear setback could be equal to side setback since it is technically on the side of the house and front is curved. • Part two: Because of the topography, the trees, and the previously approved setbacks this property owner is facing this challenge. The strict application of the Ordinance would create an unnecessary hardship therefore, it is staff’s opinion that relief shall be granted. • Part three: Relief, if granted would not cause substantial detriment to the public good because there is sufficient buffer between the neighboring houses. • Part four: No harm to public safety, health and safety is likely because of the encroachment into the rear setback. Staff recommendation: • Staff recommends approval of the variance request as shown on the site plan Page 5 of 8 V20-24 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Page 6 of 8 V20-24 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Exhibit A Page 7 of 8 V20-24 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Exhibit B Page 8 of 8 V20-24 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Page 1 of 7 V20-25 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 PETITION NUMBER: V20-25 PROPERTY INFORMATION 14102 Seabiscuit – Triple Crown S/D DISTRICT, LAND LOT 2 / 773, 774 OVERLAY DISTRICT Rural Milton EXISTING ZONING CUP (Community Unit Plan) RZ01-60 ACRES 1.29 Acres EXISTING USE Single Family Residence FUTURE LAND USE DESIGNATION Low Density Residential REQUESTED VARIANCES: • To remove two conditions for a flow well and pervious paver from Variance case V20- 13 that allowed pool, deck and pool equipment within the 75-foot impervious setback with conditions (Sec. 20-426 (1)(2)) PETITIONER/OWNER Brain Wobrock ADDRESS 14102 Seabiscuit Milton GA 30004 REPRESENTATIVE Brain Wobrock ADDRESS 14102 Seabiscuit Milton GA 30004 Page 2 of 7 V20-25 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Page 3 of 7 V20-25 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: Shubha Jangam 678.242.2539 Background: The site is a 1.29-acre lot located along the north side of Seabiscuit in the Triple Crown Subdivision. It is zoned Community Unit Plan (CUP) and is located in the Rural Milton Overlay. The final plat for that phase in Triple Crown was recorded in 2005 which only had the twenty- five-foot State buffer. In September 2020, pursuant to V20-13 the applicant proposed to build a pool in 75-foot impervious setback (Exhibit A). Section 20-426, (1), (2) states that an undisturbed natural vegetative buffer shall be maintained for fifty feet, measured horizontally, on both banks (as applicable) of the stream as measured from the point of wrested vegetation and an additional twenty five foot impervious setback is required adjacent to a stream. Pursuant to V20-13 the pool was allowed by the BZA within 75-foot impervious setback with the following conditions. Conditions: • Per site plan by Neptune Pools dated July 12, 2020. • Place temporary construction fence barrier along construction area. No further than ten feet into the fifty-foot undisturbed buffer. This area shall be re-planted. • No pool, structure, wall, foundation encroachment permitted into the fifty-foot undisturbed buffer. • Drainage plan required to include Flo-Well to mitigate run-off. • Pool deck surface to utilize pervious pavers. The applicant now wants to remove two of the conditions; 1) Flow Well and 2) pervious pavers for the pool deck surface. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On November 3, 2020, the DRB met and had the following comment: • The DRB supports the BZA’s original conditions of approval pursuant to V20-30 and does not support the applicant’s request to remove two of the conditions. Page 4 of 7 V20-25 - Prepared for the Board of Zoning Appeals Meeting on November 17, 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: • Part one: Relief, if granted would offend the intent of the Ordinance since the City has been consistent with the application of the impervious buffer regulations. In addition, mitigation techniques are available to reduce impervious coverage. It is applicant’s position that mitigation is unnecessary which offends the intent of the BZA’s previous conditions for the approval of V20-13. • Part two: There are no extraordinary and exceptional situations or conditions pertaining to this 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. • Part three: Encroachment into the pervious surface without mitigation could cause a substantial detriment to public good and the surrounding properties. • Part four: The public safety, health and welfare would not be secured and substantial justice is not done by eliminating the two conditions previously required for the construction of the pool. Page 5 of 7 V20-25 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Staff recommendation: • Staff recommends denial of the variance request to remove two of the conditions pursuant to V20-13. Page 6 of 7 V20-25 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Letter of Appeal Page 7 of 7 V20-25 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Exhibit A Page 1 of 7 V20-26 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 PETITION NUMBER: V20-26 PROPERTY INFORMATION 660 Glendalough Ct. – Enniskerry Subdivision DISTRICT, LAND LOT 2 / 664, 705 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 ACRES 1.745 Acres EXISTING USE Single Family Residence FUTURE LAND USE DESIGNATION Agricultural, Equestrian, Estate Residential REQUESTED VARIANCE: • To allow addition of an accessory structure to encroach into the side yard setback (Sec. 64-416 (i)). PETITIONER/OWNER Jennifer Barker ADDRESS 660 Glendalough Ct. Milton GA 30004 REPRESENTATIVE Jennifer Barker ADDRESS 660 Glendalough Ct Milton GA 30004 Page 2 of 7 V20-26 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Page 3 of 7 V20-26 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: Shubha Jangam 678.242.2539 Background: The site is a 1.745-acre lot located on the west side of Glendalough Court in the Enniskerry Subdivision. This property is zoned AG-1 and is located in the Rural Milton Overlay District. The final plat for the property was approved in 1992. As per Sec. 64-416 (c)(1), a 25-foot side setback is shown for the lot. On the north side of the subject is a piece of land that serves as the “road frontage” for a house that is located across the lake which is not being utilized by the owner. The applicant wants to build an accessory structure on the property that would be used as a garage (Exhibit A). The existing driveway would be used to access the new two-car garage. However, the structure is encroaching into north side setback by ten feet. Therefore, the applicant is requesting a variance. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On November 3, 2020, the DRB met and had the following comment: • Recommends approving the variance. • Requesting that the applicant provide a support letter from property owner at 655 Glendalough Ct. • Provide a floor plan and elevations of the proposed structure. Page 4 of 7 V20-26 - Prepared for the Board of Zoning Appeals Meeting on November 17, 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: • Part one: Since there is an additional 20 feet wide strip of land available between the two neighbors, the side yard encroachment, if allowed would not offend the spirit of the Ordinance. • Part two: Because of the location of the existing driveway, the shape of this property, and the lake to the rear creates an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations and would support the proposed location of the accessory structure into the side yard setback. • Part three: Relief, if granted would not cause a substantial detriment to the public good because there would be 35 feet between the structure and the adjacent house located on the cul-de-sac. • Part four: Public safety, health and safety is secured because the new structure would be at a safe distance from the existing house. Page 5 of 7 V20-26 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Staff recommendation: • Staff recommends approval of the variance request for a single-story accessory structure. Page 6 of 7 V20-26 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Letter of Appeal Page 7 of 7 V20-26 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Exhibit A Page 1 of 9 V20-27 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 PETITION NUMBER: V20-27 PROPERTY INFORMATION 770 Cooper Sandy Cove DISTRICT, LAND LOT 2 / 891, 910 OVERLAY DISTRICT RURAL MILTON EXISTING ZONING AG-1 ACRES 1.02 Acres EXISTING USE Single Family Residence FUTURE LAND USE DESIGNATION AGRICULTURAL, EQUESTRIAN, ESTATE RESIDENTIAL REQUESTED VARIANCES: • 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)) PETITIONER/OWNER Jon P. and Heather A Duvall ADDRESS 770 Cooper Sandy Cove Milton GA 30004 REPRESENTATIVE Jon P. and Heather A Duvall ADDRESS 770 Cooper Sandy Cove Milton GA 30004 Page 2 of 9 V20-27 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Page 3 of 9 V20-27 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: Shubha Jangam 678.242.2539 Background: The site is a 1.02-acre lot located on the north side of Cooper Sandy Cove. This property is zoned AG-1 and is located in the Rural Milton Overlay District. The final plat for the property was approved in 1997. As per Sec. (Sec. 64-1141 (d) (1)(b)) lot coverage for each individual lot zoned AG-1 shall not exceed 20 percent for lots that front on public streets. The current impervious coverage on the lot is 21 percent (Exhibit A). The applicant is requesting to build a pool and deck in the rear yard that would increase the impervious coverage from 21 percent to 24.72 percent (Exhibit A). The applicant worked with the City staff to reduce the proposed footprint as requested by the DRB. This revision is shown in Exhibit B. Lot coverage is defined in the Zoning Ordinance as the following: Lot coverage means the percentage of impervious surfaces located on a lot in comparison to the total lot area, calculated by dividing impervious surface area by total lot area. For purposes of calculating lot coverage, impervious surfaces shall include the following: (1) The footprint of the main building regardless of size; (2) The total footprints of any accessory buildings larger than 150 square feet; (3) Swimming pools, hot tubs, and associated decks and; (4) Parking pads and driveways. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On November 3, 2020, the DRB met and had the following comment: • Work with city staff to reduce the impervious lot coverage. Page 4 of 9 V20-27 - Prepared for the Board of Zoning Appeals Meeting on November 17, 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: • Part one: The homes built in this subdivision have larger footprints and spacious driveways. The intent of the Ordinance that came into effect in 2017 is to limit the impervious coverage or lot coverage. Since the existing lot coverage is already beyond the limit (21%) the owner cannot add a pool without a variance. It would offend the spirit of the ordinance if the applicant adds 3.71 percent of impervious area to the site. Proposed addition is more than 4 percent to existing 20 percent. • Part two: Although the property owner worked with the City staff to reduce the footprint of the proposed addition after the DRB’s comments. Staff does not see any unnecessary hardship arising due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. • Part three: The increase of lot coverage could cause a detriment to the surrounding properties. This ordinance is intended for the public good, so honest efforts should be made to reduce the overall impervious coverage on this property by other means such as using pervious material wherever possible. • Part four: Public safety, health and welfare are not secured, and substantial justice is not done based on the amount of impervious surface (lot coverage) that is proposed with the addition of pool and associated surfaces. Page 5 of 9 V20-27 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Staff recommendation: • Staff recommends denial of the variance. If the BZA approves the variance, staff recommends the following conditions: • Use of pervious surfaces on pool deck and / or driveway • Reduce the amount of pool deck and / or driveway Page 6 of 9 V20-27 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Letter of Appeal Page 7 of 9 V20-27 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Exhibit A Page 8 of 9 V20-27 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 n Exhibit B Page 9 of 9 V20-27 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 n 1872-C. INDEPENDENCE SQUARE DUNWOODY, GEORGIA 30338 Douglas R. Thompson, Esq. Katie L. Walters, Esq. City of Milton Attn: Sudie Gordon, Clerk 2006 Heritage Walk Milton, Georgia 30004 DOUGLAS R. THOMPSON, P.C. ATTORNEYS AT LAW November 12, 2020 Via: Email: Sudie.gordonln.cityofrniltonga.us PHONE (770) 396-3661 FAX (770) 396-3896 Website: DougThompsonLaw.com Email: Doug@DougThompsonLaw.com Katie@DougThompsonlaw.com Ms. Gordon, Please date stamp a copy of this letter and return it to me via email at the following address: doug@dougthompsonlaw.com Also To: Board of Zoning Appeals Members: Todd Chemik, Chair: Todd.chernickgcitvofmiltonga.us Jake Ward: Jake.ward&cityofmiltonga.us Jason Cole: Jason.cole!kcitvofiniltonea.us Hodge Patel: Hod e.uateIggityofmilton a.us Brenda Hamstead: Brenda.hamsteadgeitvofiniltonga.us Kim Keller: Kim.keller@citvofiniltonga.us Don Curt: Don. curtna cityofrniltonga.us RE: Case #: V20-27, 770 Cooper Sandy Cove Applicants: JP and Heather Duvall Hearing Date: November 17, 2020 Dear Board of Zoning Appeals Members: I am an attorney who has been retained by James J. Robinette to assist him with presenting his objection to the above -noted variance request by JP and Heather Duvall regarding their proposed construction of a pool, spa, and deck at 770 Cooper Sandy Cove. My client, Mr. Robinette, and his wife reside at 780 Cooper Sandy Cove, which is next door to the east side of the Duvall's property. Mr. Robinette received the attached Application For Modification, which was provided to him by The Lake at Cooper Sandy Homeowners Association, Inc. (the "ACC"). The Application information consisted of the following: ■ Two-page Application For Modification Form, as submitted to the ACC; ■ "Hello neighbor" appeal letter from JP and Heather Duvall, requesting signatures from nearby neighbors in support of their variance request; ■ Written proposal from Hilltop Pools for the proposed pool, spa, and deck; ■ A dimensioned plan of the proposed pool, spa, and deck; ■ An aerial photo of the cul-de-sac, showing the location of the Duvall property; ■ A site plan of the Duvall's property prepared by Hilltop Pools, showing the placement of the pool, spa, and deck, along with what appear to be fences and retaining walls; and ■ Notice from the City of Milton of the appeals hearing before the Board Of Zoning Appeals (`BZA") on November 17, 2020. Per the attached notice from the City of Milton, the Duvalls are requesting a variance of the Zoning Code for AG -1 properties (the "Code") "to allow the lot coverage for an AG -1 zoned property that fronts a public street to go from 20% to 25% (Sec.64-1141, d, 1, b)". My client strongly objects to the City of Milton BZA granting the Duvalls' variance request for the following reasons: 1. Proposed Site Coverage violates the letter and intent of the Code — The intent of the Code for AG -1 residential subdivisions is to provide open landscapes, as unobstructed as possible by buildings and hardscape features. The D"'s lot is one of the smaller lots in the Cooper Sandy Cove cul-de-sac. The lot is 7,500 square feet smaller than the average lot size of the adjacent properties on the same side of the street (750, 760, 780 and 790) and is almost 2 %2 acres smaller than the average lot size of the three lots immediately across the street (815, 825 and 835). In addition, the contiguous portion of the Duvall's lot is even smaller, due to the lot area contained within the triangular appendage* in the northwest corner, which comprises almost 6% of the lot. Allowing an additional 5% of site coverage on this particular lot will crowd the site, in violation of the letter and intent of the Code. * Note that in 2007, the area of the triangular shaped appendage, together with a narrow strip of land along one property line, had to be purchased by a previous owner of the Duvalls' lot, in order to increase the lot size. Without this additional area, the lot would not have met the Code's minimum standards of a one -acre of lot size for this zoning designation. The triangular area is low- lying, and unusable for building or a septic drain field. 2. Minimum rear yard is too small for the proposed pool, spa, and deck — The rear yard of the Duvall's lot appears to be close to the 50 -foot minimum required by the Code. Constructing a 19 -foot -wide pool (at its widest), with an additional 20 -foot -wide deck area (10 feet on each side), and locating this approximately 20 feet from the existing house, appears to put the new construction within less than 10 feet from the property line. Crowding this configuration, which contains additional 1,850 square feet of hardscape features into a minimum -sized rear yard is in violation of the letter and intent of the Code. In addition, the location of the proposed pool, spa, deck, piping, and equipment will require coordination with the existing septic tank, piping, and drain field. 3. The proposed Code -required fencing will degrade the view and open space — The attached site plan indicates the installation of a four -foot -height equestrian fence around the pool, spa, deck, walkways, etc. The area enclosed by the fence makes up over 10% of the Duvall's lot area, without even considering that a portion of the lot is not contiguous. This goes against the letter and intent of the Code. 2 4. The proposed pool will provide an attractive nuisance — My client has serious concerns that the Duvalls' installation of the proposed pool, spa and deck will attract even more visitors to the Duvalls' property. According to my client, the Duvalls weekly entertain groups of people, large and small, which result in up to several dozen cars parked in their drive and along the cul-de-sac. The cars parked on the cul-de-sac often block my client's mailbox and partially block his access to his own driveway. In addition, my client is concerned that music and noise from the Duvalls' property will exceed that which is already at what he considers a bothersome level. 5. Lack of clarity of information provided — While the attached information was provided to my client, the small scale, lack of quality and missing information has made it difficult for him to ascertain certain details. The missing and obscured information only increases my client's concern that the proposed installation will have a long-term negative impact. The missing information includes: ■ It is difficult to discern from the three-inch square site plan where the pool equipment (pumps, heaters, if any, back -wash area, etc.) are to be located and whether this equipment will be inside or outside the pool enclosure fence. • It is not clear from the site plan's small scale and generic cross-section drawing how high the retaining walls are to be. These appear to be planned for the west side of the pool, nearest to the spa. ■ The larger, more legible pool, spa, and deck plan does not show equipment, retaining walls, and the relative location of fencing. ■ It does not appear that any of the plans show site lighting. ■ The three-page written proposal from Hilltop Pools is illegible, and therefore difficult to evaluate. Finally, while it is not a zoning issue, my client objects to the Duvalls' including third party information, otherwise known as hearsay, in their Application For Modification to the ACC. It appears that one of the Duvalls wrote that my client's wife did not have a problem with the pool, but that my client did and goes on to mention my client's alleged comments regarding his neighbor on the other side of his property. It is up to my client and his wife to speak for themselves and not for the Duvalls to make public what my client or his wife allegedly said. My client objects to this kind of tactic and will not be intimidated by this level of pressure. My client has the aforementioned specific concerns regarding the Duvalls' proposed installation of a pool, spa, and deck. Mr. Robinette legitimately fears that this project will degrade the value of surrounding properties, including his, and negatively affect his quiet enjoyment of his home. CONCLUSION My client therefore asks the City of Milton BZA to deny the Duvalls' request for a zoning variance. Due to health concerns, my client is unable to attend the November 17, 2020 City of Milton Board Of Zoning Appeals meeting. me. If you have any questions or need additional information, please do not hesitate to contact Thank you for your attention to this matter. ery s, Douglas R. Thompson DRT:s Attachments Cc: Robert Buscemi, City Architect: Robert.Buscemikcitvofiniltonga.us Robyn MacDonald, City Zoning Manager: Robyn.Macdonaldkcityofiniltonga.us James J. Robinette 0 RECEIVED 11/06/2020 05:32PM 7703963896 Douglas R. Thompson NOU-6-2020 02:40P FRDM: TO:7703963896 P.3 gppitcation for Modification The Lake at Cooper Sandy Homeowners Association, Inc The Lake at Cooper Sandy Homeowners Association, Inc. APPLICATION FOR MODIFICATION Note: This form must be completed and submitted. ACC approval must be received 91141 to Commencing any work. Documentation submitted for review becomes the property of The Lake at Cooper Sandy Homeowners Association, Inc. Incomplete Forms will be returned without review, including but not limited to applications without homeowner signature or with missing information. 5P cU l Heber' c Ali _ Deck _ Gazebo/Arbor _ Screened Porch _ Fence Retaining Wall _ Exterior Addition ,}Swimming Pool _ Landscaping Storm Door _ Paint Color Change _ Roof Change _ House Addition _Other. Please provide the ACC with all the information necessary to evaluate your request morougmy and quickly. Please refer to the governing documents for required information to be included with this form. Requests must include, without limitation, the following Information: site plan (including all dimensions), color chips (If applicable), detailed description of the request, list of materials, pictures, brochures (if applicable), and any other information as specifically required below or as required by the governing documents for The Lake at Cooper Sandy Homeowners Association, Inc. .: Sol I_ r tr/iL�trZi. i r w r a .. :.r. •. . ,,., ... •..EnIlIM'ie T�:,� ...�•.. Y !lee attrtched pages showjvi_c� Poo l Pia s k s j>ecs 1A IN. -rl Sf iii 44111 r"JISCpOJ hA. If-tq U LI..R WtitC.J!` hznefi�s r1Q(o�in.hurhl Page 1 of 2 RECEIVED 11/06/2020 05:32PM 7703963896 Douglas R. Thompson NOV-6-2020 02:40P FROM: TO:7703963B96 P.4 The Lake at Cooper Sandy Homeowners Association, Inc. Application for Modification l Adjacent Homeowners (all homeowners sharing a common boundary line) must be made aware of your application: Awareness of the neighboring homeowners will be considered by the ACC, but will not be binding. No application will be considered unless this section is complete including signatures. Name Neighbor's Signature Address Aware of Proposed Modification ScL o#o-r, {tnJ( 2. w,(` 5 2 ❑ 13 I understand and agree that no work on this request shall commence until written approval of The Lake at Cooper Sandy Homeowners Association, Inc. ACC has been received by the homeowner. I represent and warrant that the requested improvements andlor modifications strictly conform to the governing documents and that these changes shall be made in strict conformance to those Covenants. I understand that I am responsible with all city, county and state regulations. Permission is hereby granted for members of the ACC and appropriate The Lake at Cooper Sandy Homeowners Association, Inc. representatives to enter the property to make reasonable observation and inspection of the requested modification and completed project. Neither The Lake at Cooper Sandy Homeowners Association, Inc., the Association Board of Directors, the ACC nor their respective members, officers, successors, assigns, agents, representatives or employees shall be liable for damages or otherwise to anyone requesting approval of an architectural alteration by reason of mistake in judgment, negligence or misfeasance, arising out of any action with respect to any submission, The architectural review is directed toward review and approval of site planning, appearance and aesthetics. None of the foregoing assumes any responsibility regarding design or construction, including, without limitation, the structural integrity, mechanical or electrical design, methods of construction, or technical suitability of materials. I hereby release and covenant not to sue all of the foregoing from/for any claims or damages regarding this request or the approval or denial thereof. As in accordance with the Covenants, please allow a maximum of 45 days from the date or Mal submission of all Information requested by the ACC for a modification review. The volunteer members of the ACC will make an effort to approve requests in a reasonable time though some requests make take as long as 45 days as allowed for in the Covenants. The 45 -day timeframe will commence upon receipt of all additional information requestedfrequired to consider the application complete. If modification is started prior to approval, fines may be assessed. It Is the homeowner's responsibility to monitor construction and enforce the Items of this approval. Alterations In the approval plan are not allowed unless a revised plan has been submitted and received ACC approval. Failure to fallow the items of this approval will result in an unapproved exterior modification. The homeowner then accepts full responsibility for, at their expense, removing the unapproved structure or allering the structure in order to bring it Into compliance wlth the approval plan. Homeowner's Signature' aw Date 10' 23' 9020 Homeowner's Signature g Date 1i- (All owners must sign) Upon completion of this form, please return to your Association Administrator at HMS, Kathy Riccobono, by scan and email to Kathy,Riccobono otms-inc.net, by fax to 770-667-6315, or by mall to: The Lake at Cooper Sandy HOA, Inc. c/o HMS Inc. P.O. Box 2458 Alpharetta, GA 30023-2458 u..re.,sc,.,,m�m.u.emcvr«c„w.. roramva..ct,,.rm,�.„e+r:,.,:ircv..Nvucun 10 tm,�u I-„wwm xr+ao+ca+. Paget oft RECEIVED 11/06/2020 05:32PM 7703963896 Douglas R. Thompson NOV-6-2020 02:41P FROM: 70:7703963896 P.5 The Duvall Family .7G Cnopef �)aMt.� Cv, MIIton, Gi,. i0i'� + Septwmber 23, 2020 Hello neighbor, We need your help! Cur family has applied with the City of Milton for a permit to install a swimming pool. Unfortunately, we've run into a snag that requires us to apply fora variance with the city. We would like to ask for vour signatures indicating, you are okay with us putting in a pool to further support our request. The reason the city requires a valiance rtlater town ordinance that was put in place in 2011. This Or.lmance was intended to curb the development of home, that are too hip for the land on which they sit, Specifically a home iinciudingthe driveway and hardscaper can cover up to 2041; of your land. Because of the age of our neighborhood. many or our homes ai a already at that limit or higher iespecially those that have swimmmgpoolsl If the city approves the variance, our home and pool would take up appm 4imately 2>" r of out available Lind. In doing so, we will still have ample (andscapingaiid property setbacks such that our pool will in no way have a negative Impact on our neii;hboa For farther cldrlhCatkin,l5',covojileisautomaviall; perm ittedbythe City ofiiIlton vothin Rated' private neighborhoods If you have no objections, we ask for your support by providing your signature along with your address and phone number below. Thank you, JP & Heather Duvall Ij Name: riga e)u e C bbcn `J Ccv'� Aodress. SSC Cc -YJ -)L�(''Ckr%c"I A1p1,C1fC41cl CTA Phone:-, qZ Name: SIe u-cv) Address: jowl i411 XQ�fU Phone: 4k 312 ��� RECEIVED 11/06/2020 05:32PM 7703963896 NOU-6-2020 02:42P FROM: Signatures Continued (Page 2 of 2) Name: CSEOfg2. - Loo Address: 202-5 Zw-i Vhae% W &-I NG ton GR 3vob�{ 1 Phone: w4+ / Name: J. Address: 76c) n iL -���� l.00�pj , G\ CV Phone: kA �%n 1 J1� %pGo`A 3vo-999-591/I3 Douglas R. Thompson TO:7703963896 P.6 Name: �YClf- e0viY ett-e—, Address: 780 coo SOdICi� C v Phone: 'K Sharon 12ob O eM-e s Fated sl, A\ & n &� h ou e G 1�rob\,e,vr-� uS c�ddinoJ a- pco\ ; h�oweve, -, 3'ox-)L wcula nod sign. +fie Said he �No�cF re�ie� and cons\c\e� �u� WO -3 cc)0cZfr-A pbt�v F noise r2�eYe�c��r� V,�s n2���n�o� on -1V1%-P- o4\kr S\,d(?- o-vtid V\ow low kv -to A4)i�r pool. 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Thompson NOV-6-2020 02:44P FROM: TO:7703963896 SLUM Li 0I0003O 00 NO17Nd 000P "La Occur VO ONOB53NOf N011IWd0 * J3N'1SVOW00®77VAf10'df 1S NIVW'S ate AONVS H3d0001V 3MV7 lL v a U01 Swr VONO171W p M I teBs(SUOl ONV7 Isla 3400 71SMOVVS 000011 t iPrmP10i StBRvB�'WVd le ji 1 8 I 0 6��,© lye j 1 w �y ¢ 11,tiP :!Q 198.91, S 00'19'40` E _ to ag gtQ 620 lr �i!QI 1110 t i . -zeta Qp�9 I 4 �t1 wl r A 1 LLF r $ U coo O 9iE11 `',, l z, '�\ lit 11 per. 0 i z4'9 fit", 4,9L40 N \ w� oil 9.; t7f � ani �.— � � gq ,t't �i��•jtj7iq, Fill Be Fll t 1 � °° ;�; iie r s t! ltlt t it f�ii �ii 11!d �pEti��i iiE I° �tl pi �iQl� i° li 'Fsa $:3i P.12 RECEIVED 11/06/2020 05:32PM 7703963896 NOV-6-2020 02:46P FROM: MI LTON'k ESTABLISHED 2006 NOVEMBER 2, 2020 ROBINETTE JAMES J & BETTY S OR CURRENT RESIDENT 780 COOPER SANDY COVE ALPHARETTA GA 30004 TO: ADJACENT PROPERTY OWNERS Douglas R. Thompson TO:7703963996 P.13 MAYOR CITYCOUNCIL Joe Lockwood Peyton Jamison Paul Moore Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig THIS PETITION WILL BE -HEARD BY THE BOARD OF ZONING APPEALS ON TUESDAY, NOVEMBER 17, 2020 AT 6:00 PM AT THE CITY OF MILTON CITY HALL LOCATION, 2006 HERITAGE WALK, MILTON, GEORGIA 30004. a. CASE#: V20-27, 770 Cooper Sandy Cove Request (s): To allow the lot coverage for an AG -1 zoned property that fronts a public street to go from 20% to 25% (Sec. 64-1141, d, 1, b ) PROPERTY HAVING FRONTAGE OF APPROXIMATELY 197.67 FEET OF FRONTAGE ON COOPER SANDY COV, IN LAND LOT(S) 891 & 910 OF THE SECOND DISTRICT, FULTON COUNTY, CITY OF MILTON, GA. THE CITY OF MILTON BOARD OF ZONING APPEALS ADVISES YOU, IN THE EVENT YOU DESIRE TO BE HEARD, TO APPEAR AT THE ABOVE-NAMED TIME AND PLACE. NOTICE BOTH APPLICANTS AND OPPONENTS MUST DISCLOSE ANY CAMPAIGN CONTRIBUTIONS OF $250 OR MORE TO A LOCAL OFFICIAL WHO WILL CONSIDER A REZONING, USE PERMIT OR VARIANCE APPLICATION. IF YOU HAVE MADE SUCH CONTRIBUTION AND WISH TO VOICE YOUR OPINION REGARDING THIS OR ANY PETITION, A DISCLOSURE FORM MUST BE FILED WITH THE DIRECTOR OF COMMUNITY DEVELOPMENT DEPARTMENT AND THE CITY CLERK, 5 DAYS PRIOR TO THE FIRST PUBLIC HEARING. CALL (678) 242-2500 FOR A FORM OR ACCESS W W W.CITYOFMILTONGA.US 2006 Heritage Walk Milton, GA 30004 0000 P: 678.242.25001 F: 678.242.2499 info®cityofmiltonga.us I www.clfyofmiltonga.us Page 1 of 9 V20-28 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 PETITION NUMBER: V20-28 PROPERTY INFORMATION 13230 Providence Road DISTRICT, LAND LOT 2 / 983 OVERLAY DISTRICT RURAL MILTON EXISTING ZONING AG-1 ACRES 1.016 Acres EXISTING USE Residential FUTURE LAND USE DESIGNATION AGRICULTURAL, EQUESTRIAN, ESTATE RESIDENTIAL REQUESTED VARIANCE: • To allow the lot coverage for an AG-1 zoned property that fronts a public street to increase from 20 percent to 25 percent. (Sec. 64-1141(d)(1)(b)) PETITIONER/OWNER Mathew and Victoria Titus ADDRESS 13230 Providence Road Milton, GA 30004 REPRESENTATIVE Mathew and Victoria Titus ADDRESS 13230 Providence Road Milton, GA 30004 Page 2 of 9 V20-28 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Page 3 of 9 V20-28 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: Shubha Jangam 678.242.2539 Background: The site is a 1.016-acre lot located on the west of Providence Road. This property is zoned AG-1 and is located in the Rural Milton Overlay District. The minor plat for the property was approved in 2008. As per Sec. (Sec. 64-1141(d)(1)(b)) lot coverage for each individual lot zoned AG-1 shall not exceed 20 percent for lots that front on public streets. The current impervious coverage on the lot is at 19 percent. The applicant wants to build a pool and deck in the rear yard that would increase the impervious coverage well beyond 20 percent. The applicant worked with City staff to reduce the proposed footprint. It is still above the permissible limit and so the applicant is requesting a variance. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On November 3, 2020, the DRB met and had the following comment: • Work with City staff to reduce the impervious lot coverage. Page 4 of 9 V20-28 - Prepared for the Board of Zoning Appeals Meeting on November 17, 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: • Part one: The home and driveway is already covering 19 percent of the lot. The proposed design of a pool and deck is elaborate and not considering the limits of this lot. It would offend the spirit and intent of the Ordinance if honest efforts are not made to limit the additional lot coverage. • Part two: After the DRB’s comments the property owner worked with the City staff to reduce the footprint of proposed addition. It is staff’s opinion that further reduction in the proposed pool and deck expansion is possible. There are no extraordinary and exceptional situations or conditions pertaining to this property. • Part three: Relief, if granted could cause detriment to the surrounding properties because of increased run-off. For the public good the ordinance limited lot coverage to 20 percent for properties facing a public road. • Part four: Public safety, health and safety is maybe harmed because it could increase runoff towards Providence Road. Page 5 of 9 V20-28 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Staff recommendation: • Staff recommends denial of the variance. If the BZA approves the variance, staff recommends the following conditions: • Use of pervious surfaces on pool deck and / or driveway. • Reduce the amount of pool deck and / or driveway. Page 6 of 9 V20-28 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Letter of Appeal Page 7 of 9 V20-28 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Page 8 of 9 V20-28 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Page 9 of 9 V20-28 - Prepared for the Board of Zoning Appeals Meeting on November 17, 2020 Exhibit A Shubhangi • From: John Gaskin <john.gaskin@pmcommunities.com> Sent: Tuesday, November 10, 2020 4:40 PM To: Shubhangi Jangam Cc: Robyn Macdonald Subject: RE: Variance cases at Milton CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Please withdraw us from the Agenda. My understanding was that we not be approved anyway. We are discussing ways to make the two work administratively. Thanks John John Gaskin V.P. / Land Acquisition 4770 S. Atlanta Road Suite 100 Atlanta, GA 30339 770.319.5258 (office) iohn.gaskin(a)pmcommunities.com www. pmcommunities.com �, 3 �1.N s� • 0 From: Shubhangi Jangam[mailto:shubhangi.jangam@cityofmiltonga.us] Sent; Tuesday, November 10, 2020 4:37 PM To: John Gaskin Cc: Robyn Macdonald Subject: Variance cases at Milton John, I am writing regarding variance cases at Milton Crossing V20-29 and V20-30 Have you made decision about deferral? In the last DRB meeting we discussed that V20-29 could use administrative variance and V20-30 could use change in design without a variance. Let me know your decision so that we can update November 17 agenda. Thanks Kind Regards, Shubhangi (Shubha) Jangam Senior Planner 2006 Heritage Walk Milton GA 30004 Phone 678 242 2539 www.citvofmiltonga.us 2021 City of Milton Board of Zoning Appeals (BZA) Schedule Application Filing Deadline DRB Meeting (1st Tuesday of the Month) BZA Meeting (3rd Tuesday of the Month) 12/1/2020 1/5/2021 1/19/2021 1/5/2021 2/2/2021 2/16/2021 2/2/2021 3/2/2021 3/16/2021 3/2/2021 4/13/2021* 4/20/2021 4/6/2021 5/4/2021 5/18/2021 5/4/2021 6/1/2021 6/15/2021 6/1/2021 7/6/2021 7/20/2021 7/6/2021 8/3/2021 8/17/2021 8/3/2021 9/7/2021 9/21/2021 9/7/2021 10/5/2021 10/19/2021 10/5/2021 11/2/2021 11/16/2021 11/2/2021 12/7/2021 12/21/2021 *Moved due to Holiday/School Calendar