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HomeMy WebLinkAboutAgenda Packet - BoZA - 07/20/2021 AGENDA BOARD OF ZONING APPEALS July 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 June meeting minutes 6. Consideration of Primary Variances a. V21-11, 14779 Wood Road (Administratively deferred from last month) Request(s): • To allow an accessory structure housing animals to be located less than 100 feet from the property line. (Sec. 64-415, (a) (4) a.) b. V21-13, 2255 Dinsmore Road Request(s): • To reduce the front yard setback from 60 feet to 23 feet for an existing house. (Sec. 64-416 (b)) • To reduce the side yard setback (west property line) from25 feet to 17 feet for the existing house. (Sec. 64-416 (c)(1)) c. V21-14, 2275 Dinsmore Road Request(s): • To reduce the front yard setback from 60 feet to 45 feet for an existing house (Sec. 64-416 (b)). d. V21-15, 2540 Hopewell Road (Defer to update legal advertisement) Request(s): • To reduce the setback of building housing animals, from 100 feet to 35 feet along east property line. (Sec. 64-415 (a)(9)) • To reduce the setback of the existing fence (pen/ run), from 200 feet to 10 feet along east property line. (Sec. 64-415 (a) (9)) • To allow the existing gazebo to remain as shown on the site plan received by the Community Development Department May 24,2021. (Sec. 64-1142 (b) (4)) 7. Consideration of Appeals/Secondary Variances 8. Old business 9. New business 10. Adjournment ACTION REPORT 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 Present: Todd Chernik, Hodge Patel, Stephanie Butler, Kim Keller, Don Curt Absent: Brenda Hamstead, Jason Cole Recused: Jason Cole 3. Pledge of Allegiance 4. Approval of Agenda Motion to approve: Todd 2nd: Hodge Vote: 5/0 (Approved) 5. Approval of amended May meeting minutes Motion to approve: Todd 2nd: Hodge Vote: 4/0 (Approved) (1 stay) 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.) Motion to accept the administrative deferral: Todd 2nd: Hodge Motion: 5/0 (Approved) 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)) Motion to approve all three requests per site plan dated April 30, 2021: Hodge 2nd: Todd Motion: 5/0 (Approved) 7. Consideration of Appeals/Secondary Variances None 8. Old business None 9. New business None 10. Adjournment Motion to adjourn: Todd 2nd: Stephanie Motion: 5/0 (Approved) Page 1 of 10 V21-11 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 PETITION NUMBER: V21-11 PROPERTY INFORMATION 14779 Wood Road DISTRICT, LAND LOT 2/ 595 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 ACRES 3 EXISTING USE Single Family Residence, Equestrian FUTURE LAND USE DESIGNATION Agricultural, Equestrian, Estate Residential REQUESTED VARIANCE: • To allow an accessory structure housing animals to be located less than 100 feet from the property line. (Sec. 64-415, (a) (4) a.) PETITIONER/OWNER Mark Nizdil ADDRESS 14779 Wood Road Milton, GA 30004 REPRESENTATIVE Scott Reece (Brumbelow-Reese and Associates, Inc.) ADDRESS 13685 Highway 9N Milton, GA 30004 Page 2 of 10 V21-11 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Page 3 of 10 V21-11 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: Shubha Jangam 678.242.2539 Background: The site is a 3-acre lot located on the north side of Wood Road. The property is zoned AG-1 and is located in the Rural Milton Overlay District. The property currently has a house with a swimming pool. The applicant wants to build a barn of 40 feet by 50 feet near the west side property line. The east side of the property is mostly used as pasture. Primary and secondary septic systems are installed on the east side of the property as well (see Exhibit A). Per Section (Sec. 64-415, (a) (4) a.) for a property with a single-family dwelling being the principal use, structures housing livestock may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property. The proposed barn is more than 150 feet from the nearest occupied structure on the adjacent property. However, it is 85 feet from the north property line and 25 feet from the west property line as shown in Exhibit B. Therefore, this variance is requested by the applicant. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On July 6, 2021, the DRB met and had the following comments: • DRB recommends approval of variances. • DRB recommends getting the support letters from the neighbors. Page 4 of 10 V21-11 - Prepared for the Board of Zoning Appeals Meeting on July 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 intent of the Ordinance is to protect the public from nuisances related to housing animals by maintaining a minimum distance. Since the barn would be more than 150 feet away from the nearest occupied structure on the adjacent lot, the public would be protected. In addition, the nearest adjacent building to the west is Birmingham Falls Elementary School, which is approximately 500 feet from the proposed barn. Therefore, relief if granted would not offend the spirit of the Ordinance. • Part two: The property is surrounded by single family housing on the north and an equestrian farm on the east side. The house on the property is located in the center, whereas the east of the house is taken by the septic systems. The strict application of the Ordinance would require the barn to be on east side, which would make it closer to the neighboring houses to the north. It would also reduce the continuous pastureland and create an unnecessary hardship. Therefore, the requested variance maybe granted. • Part three: Relief, if granted would not cause a substantial detriment to the public good and the surrounding properties, since the proposed location would have the least impact on adjacent properties. • Part four: The public safety, health, and welfare are secured, and substantial justice is done by allowing the barn less than 100 feet from property lines because it is located at the most suitable location of the site and having the least impact on surrounding properties. Staff recommendation: • Staff recommends Approval of the requested variance. Page 5 of 10 V21-11 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Letter of Appeal Page 6 of 10 V21-11 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Exhibit A Page 7 of 10 V21-11 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Exhibit B Page 8 of 10 V21-11 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Exhibit C Page 9 of 10 V21-11 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Exhibit C Continued Page 10 of 10 V21-11 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Exhibit D Site picture the before development, from historic Google Street view Exhibit E Site after development, from Google maps Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. To Whom This May Concern, This nate is in reference to Mark and Melissa Nizdil, 14719 Wood Road, Milton, GA 30004 and the variance they are seeking. We are writing in support of Mark and Melissa Nizdil's plan to build an accessory structure to house animals and to be located less than 100 feet from the property line. In our opinion, the character of Wood Road will be enhanced by the structure, as the design is aesthetically appealing, compliments the beautiful home and is in keeping with the charming aspect of such structures. People love to walk Wood Road and view the lovely barns and animals. The structure will not have any negative impact to Wood Road or affect any neighboring homes, as the variance is within 100' of the school district's water pond/retention area, which is also wooded. We believe the structure will add to the overall beauty of Wood Road. lviarl�lSpiezio ms�iezio7665�g ailcom, 404,925,3699 Andi`ea Spiezio Andrea,spieziot�cornell.edu: 770.331.7259 Mark &Andrea Spiezio 14?50 Wood Road Milton, GA 30004 �ca� To Whom it may concern, I five at 14775 Wood Road and I welcome the easement that Mark and Melissa Nizdil have requested on their property at 14779 Wood Road. Our properties share a property line and I have no problem with the request that the Nizdil's have made to allow an accessory structure housing animals to be located less than 100 hundred feet from the property line. With y best regards, 0, Jerome Cerasini Dear Sirs, In regards to the easement request of Melissa and Mark Nizdil residing at 14779 Wood Road, {find na issue with their request. I live next door and have lived here for 5D years at Brownwood Farms and I find the easement a welcome request. Thank you, Roger Brawn 14775 Wood Rd June 26, 2®21 To Whom It May Concern, We have reviewed and discussed the proposed accessory structure to be constructed at 14779 Wood Road by the Nizdil family, and take no issue to their build, or the approval of the variance of Section 64415 (a)(4)a to allow it. As fellow residents of Wood Road the transitioning of this property to allow for the boarding of horses is welcomed, and the variance to locate said barn on the northwest corner of the property, north of the driveway should be approved despite being within the 100 feet from the western/northern property line. Thank you, Neil &Heather Danville. Page 1 of 9 V21-13 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 PETITION NUMBER: V21-13 PROPERTY INFORMATION 2255 Dinsmore Road DISTRICT, LAND LOT 2/ 476, 533 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 ACRES 1.871 EXISTING USE Single Family Residence FUTURE LAND USE DESIGNATION Agricultural, Equestrian, Estate Residential REQUESTED VARIANCE: • To reduce the front yard setback from 60 feet to 23 feet for an existing house. (Sec. 64-416 (b)) • To reduce the side yard setback (west property line) from 25 feet to 17 feet for the existing house. (Sec. 64-416 (c)(1)) PETITIONER/OWNER Michael Ridgway ADDRESS 11468 Valmont Lane Milton, GA 30004 REPRESENTATIVE Michael Ridgway ADDRESS 11468 Valmont Lane Milton, GA 30004 Page 2 of 9 V21-13 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Page 3 of 9 V21-13 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: Shubha Jangam 678.242.2539 Background: The site is a 1.871-acre lot located on the south side of Dinsmore Road. The property is zoned AG-1 and is located in the Rural Milton Overlay District. This site currently has a residence and a shed on the property. The next-door parcel at 2275 Dinsmore Road is less than 1 acre which the applicant currently owns along with the subject property. The applicant has submitted a minor plat to reconfigure the common lot line between 2255 and 2275 Dinsmore Road to increase the size of 2275 Dinsmore Road to exceed the required minimum one acre lot size. The current plat which reflects the existing conditions of the two parcels is shown in Exhibit A. The properties are required to comply with the City Code before the minor plat is approved, therefore these variances are requested. The proposed minor plat to reconfigure the property lines is shown in Exhibit B. Per Section 64-416 (b) and (c) (1) 60-foot front yard and 25-foot side yard setback is required. The one-story house on this property is encroaching the front yard setback and west side yard setbacks. Exhibit A is showing the location of the house and the shed on this property. Pictures of the house and shed are shown in Exhibit C. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On July 6, 2021, the DRB met and had the following comments: • DRB recommends approval of the variances. Page 4 of 9 V21-13 - Prepared for the Board of Zoning Appeals Meeting on July 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 intent of current required setbacks is to have the buildings at a certain minimum distance from the property lines for health and safety. However, the subject buildings were built before the establishment of the City. Today, the properties are an integral part of Milton’s rural viewshed. Therefore, the relief if granted would not offend the spirit of the Ordinance. • Part two: The house on the subject property was built 1939, as per the Fulton County Tax record, which is prior to the incorporation of Milton as well as Fulton County Zoning Code. Therefore, the location of the house on the site does not meet current Zoning Ordinance. This extraordinary and exceptional situation not caused by the applicant calls for a relief, and as mentioned in the background, if approved the minor plat will create two properties of greater than one acre, which will bring both properties in compliance. Therefore, the variance may be approved. • Part three: Relief, if granted would not cause a substantial detriment to the public good and the surrounding properties, since there is no change other than the reconfiguration of the lot at this time. • Part four: The public safety, health, and welfare are secured, and substantial justice is done by permitting continued use of the existing building and allowing future improvements to the site. Staff recommendation: • Staff recommends Approval of requested variance. Page 5 of 9 V21-13 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Letter of Appeal Page 6 of 9 V21-13 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Exhibit A (Existing Conditions) Page 7 of 9 V21-13 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Exhibit B (Proposed Minor Plat) Page 8 of 9 V21-13 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Exhibit C House Back of the house Page 9 of 9 V21-13 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Shed Shed Michael RidgwayLAND LOT:LOT:SUBDIVISION:PARTY CHIEF:DRAFTER:PLAT BOOK , PAGEDEED BOOK , PAGEDISTRICTBLOCK:UNIT:SECTIONCOUNTY, GAPHASE:DATE:REVISIONBYDATESCALE:DRAWINGNUMBERJOBNUMBERSHEET ____ OF ____FIELD DATE:SURVEY PLAT FOR: Michael RidgwayLAND LOT:LOT:SUBDIVISION:PARTY CHIEF:DRAFTER:PLAT BOOK , PAGEDEED BOOK , PAGEDISTRICTBLOCK:UNIT:SECTIONCOUNTY, GAPHASE:DATE:REVISIONBYDATESCALE:DRAWINGNUMBERJOBNUMBERSHEET ____ OF ____FIELD DATE:RIDGWAY MINOR PLAT FOR:Ridgway Minor Plat From: C D <carrie.darata@gmail.com> Sent: Thursday, July 15, 2021 4:33 PM To: Shubhangi Jangam Subject: Letter to Shubha Jangam and Milton Zoning Board CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. To Shubha Jangam and the city of Milton Zoning Board, and all to whom it may concern: We have lived at 2245 Dinsmore Rd for nearly 20 years. We value quiet and privacy, and our decision to purchase the property was based in part on the feeling of calm and seclusion that comes from the thick trees and space between homes. When we moved here, we did not immediately realize that the home at 2255 Dinsmore Rd was out of compliance with the zoning requirement for a 25-foot setback. The house is a relatively small one and only one story tall, which mitigates the impact of its encroachment on our property. We did eventually recognize the zoning violation, but we do not desire to enforce compliance on this existing home. However, the property at 2255 Dinsmore Rd was recently sold to a new owner. It is our understanding that the new owner is seeking approval for a variance to reduce the required setback to the actual distance between that home and our property line. Our primary concern is that this variance could apply to an expansion or replacement of the existing home. If the home is expanded, or replaced with a significantly larger structure, the infringement on our buffer zone would have a much greater negative impact on and detriment to our property. We are greatly concerned that it would also cause our property value to fall. We have already been unjustly deprived of valuable space that we should have been guaranteed under Milton zoning rules. The intent of the setback requirement is to provide an appropriate buffer to homeowners and protect them from encroachment. We do not object to the existing home being “grandfathered in,” but we do want to be protected from the additional harm that might come from an expansion or replacement. We know of no extraordinary circumstances that would support granting this variance. Any new construction at the present distance, including that of an expansion on the existing home, would compound the injustice that has been done to us as property owners. Thank you for considering our rights and concerns as you make your decision. Please reach out to us if you need any additional details or clarification. Sincerely, Paul and Carrie Darata 678-343-5242 carrie.darata@gmail.com 2245 Dinsmore Rd, Milton, GA 30004 P.S. Also, of note, the new owner may not be aware that the property's mailbox and front yard have been run over by vehicles on several occasions. The property is on a tight curve in the road, and our previous neighbor expressed to us that he was concerned that one day, someone would hit the house. If the house gets any closer to the road, that scenario may become more likely. Page 1 of 9 V21-14 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 PETITION NUMBER: V21-14 PROPERTY INFORMATION 2275 Dinsmore Road DISTRICT, LAND LOT 2/ 476, 533 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 ACRES 0.328 EXISTING USE Single Family Residence FUTURE LAND USE DESIGNATION Agricultural, Equestrian, Estate Residential REQUESTED VARIANCE: • To reduce the front yard setback from 60 feet to 45 feet for an existing house (Sec. 64-416 (b)). PETITIONER/OWNER Michael Ridgway ADDRESS 11468 Valmont Lane Milton, GA 30004 REPRESENTATIVE Michael Ridgway ADDRESS 11468 Valmont Lane Milton, GA 30004 Page 2 of 9 V21-14 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Page 3 of 9 V21-14 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: Shubha Jangam 678.242.2539 Background: The site is a 0.328-acre lot located on the south side of Dinsmore Road. The property is zoned AG-1 and is located in the Rural Milton Overlay District. Currently, this site has a single-story house. The owner of subject property also owns the next- door parcel at 2255 Dinsmore Road. The applicant has submitted a minor plat to reconfigure the common lot line between 2255 and 2275 Dinsmore Road to increase the size of the subject property above the required minimum one acre lot size. The current plat, which reflects the existing conditions of the two parcels is shown in Exhibit A. The properties are required to comply with the City Code before the minor plat is approved, therefore these variances are requested. The proposed minor plat to reconfigure the property lines is shown in Exhibit B. Per Section 64-416 (b) and (c) (1) 60-foot front yard is required and the one-story house on this property is encroaching the front yard setback by 15 feet. Exhibit A is showing the location of the house on this property and the Exhibit C is showing the pictures of the house. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On July 6, 2021, the DRB met and had the following comments: • DRB recommends approval of the variances. Page 4 of 9 V21-14 - Prepared for the Board of Zoning Appeals Meeting on July 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 intent of current required setbacks is to have the buildings at a certain minimum distance from the property lines for health and safety. However, the property was developed before the establishment of the City. Today, the properties are an integral part of Milton’s rural viewshed. Therefore, the relief if granted would not offend the spirit of the Ordinance. • Part two: The subject property is less than an acre and the applicant’s plan is to reconfigure the property line between the 2255 and 2275 Dinsmore Road parcels so that both properties will be greater than one acre, which is the minimum required size for the AG-1 zoning classification. Based on the fact that this lot was created prior to the incorporation of Milton in 2006 and the house was constructed in 1960 (Fulton County Tax Record), it did not meet Fulton County Zoning requirement of a minimum of one acre, this is an extraordinary and exceptional situation not caused by the applicant. Therefore, the variance may be approved. • Part three: Relief, if granted would not cause a substantial detriment to the public good and the surrounding properties, since there is no change other than the reconfiguration of the lot at this time. • Part four: The public safety, health, and welfare are secured, and substantial justice is done by permitting continued use of the existing building and allowing future improvements to the site. Staff recommendation: • Staff recommends Approval of requested variance. Page 5 of 9 V21-14 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Letter of Appeal Page 6 of 9 V21-14 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Exhibit A (Existing Conditions) Page 7 of 9 V21-14 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Exhibit B (Proposed Minor Plat) Page 8 of 9 V21-14 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Exhibit C Back of the house Page 9 of 9 V21-14 - Prepared for the Board of Zoning Appeals Meeting on July 20, 2021 Michael RidgwayLAND LOT:LOT:SUBDIVISION:PARTY CHIEF:DRAFTER:PLAT BOOK , PAGEDEED BOOK , PAGEDISTRICTBLOCK:UNIT:SECTIONCOUNTY, GAPHASE:DATE:REVISIONBYDATESCALE:DRAWINGNUMBERJOBNUMBERSHEET ____ OF ____FIELD DATE:SURVEY PLAT FOR: Michael RidgwayLAND LOT:LOT:SUBDIVISION:PARTY CHIEF:DRAFTER:PLAT BOOK , PAGEDEED BOOK , PAGEDISTRICTBLOCK:UNIT:SECTIONCOUNTY, GAPHASE:DATE:REVISIONBYDATESCALE:DRAWINGNUMBERJOBNUMBERSHEET ____ OF ____FIELD DATE:RIDGWAY MINOR PLAT FOR:Ridgway Minor Plat