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HomeMy WebLinkAboutAgenda Packet - BoZA - 02/18/2020 Page 1 of 8 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 PETITION NUMBER: V20-01 PROPERTY INFORMATION 13870 Hagood Road DISTRICT, LAND LOT 2 / 839 OVERLAY DISTRICT RURAL MILTON OVERLAY EXISTING ZONING AG-1 ACRES 3.475 EXISTING USE SINGLE FAMILY RESIDENTIAL FUTURE LAND USE DESIGNATION AGRICULTURE, EQUESTRIAN, ESTATE RESIDENTIAL REQUESTED VARIANCES: • To allow a barn to be located 75 feet from the north property line. (Sec. 64-415, a, 4, a) PETITIONER(S) Jonathan H. Gray ADDRESS 110 Cromdale Court Roswell, GA 30076 REPRESENTATIVE Richard E. Owens ADDRESS 1041 Colony Drive Alpharetta, GA 30009 Page 2 of 8 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Page 3 of 8 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: CODY HENDRIX 678.242.2513 Background: The site is a 3.475 acre lot located along the west side of Hagood Road. It is zoned AG-1 and is located in the Rural Milton Overlay. The applicant is proposing to construct a barn that will house animals and have it 75 feet from the north property line. Section 64-415, a, 4, a states for a property with a single-family dwelling being the principal use, structures housing livestock, which 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. Since the applicant proposes to construct a barn that will encroach within the 100 foot setback, a variance is required. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On February 4, 2020, the DRB offered the following comments: • Make solid side facing Hagood Road have windows and have City Architect approve design. • Have a true hardship. Page 4 of 8 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Standards for Consideration: The approval of a variance is based on the following consideration(s): • Relief, if granted would not offend the spirit or intent of the Ordinance. • There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of the Ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. • Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. • That the public safety, health and welfare are secured, and that substantial justice is done. The applicant response: • Please see the letter of appeal. The staff response: • The property that is seeking a variance has a road frontage of 214.69 feet off Hagood Road. The applicant is requesting to construct a barn that will house animals. The ordinance states that any structure that houses animals or livestock must be 100 feet from all property lines. Once you subtract 100 feet from both north and south property lines, there is 14.69 feet leftover to construct the barn (Exhibit A). The structure will be facing a City street which will be subject to architecture review. The applicant proposes the barn to have the design that is shown in Exhibit C. • The applicant has demonstrated that there are such extraordinary and exceptional situations or conditions pertains to this lot that the literal or strict application of the Ordinance would create an unnecessary hardship since the need for this variance is based on constructing and locating a barn 75 feet from the north property line and not caused by the applicant. • Allowing the location of the barn to be 75 feet from the north property line will not cause detriment to the public good. Public safety, health and welfare will be secured, and substantial justice will be done for the surrounding properties. Staff recommendation: • Staff recommends approval of this request. Page 5 of 8 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Page 6 of 8 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Exhibit A Page 7 of 8 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Exhibit B Page 8 of 8 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Exhibit C Page 1 of 8 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 PETITION NUMBER: V20-02 PROPERTY INFORMATION 2780 Bethany Bend DISTRICT, LAND LOT 2 / 833 OVERLAY DISTRICT RURAL MILTON OVERLAY EXISTING ZONING AG-1 ACRES 7.1233 EXISTING USE CHURCH/PLACE OF WORSHIP FUTURE LAND USE DESIGNATION COMMUNITY FACILITIES REQUESTED VARIANCES: • To allow the existing parking lot to be 25 feet from an AG-1 zoned property. (Sec. 64-1804, b, 1) PETITIONER(S) Morning Star Church ADDRESS 2780 Bethany Bend Milton, GA 30004 REPRESENTATIVE Eli Echols ADDRESS 2780 Bethany Bend Milton, GA 30004 Page 2 of 8 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Page 3 of 8 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: CODY HENDRIX 678.242.2513 Background: The site is a 7.126 acre lot located along the north side of Bethany Bend. It is zoned AG-1 and is located in the Rural Milton Overlay. The applicant is requesting to keep the location of the existing parking lot 25 feet from an AG-1 zoned property. Section 64-1804, b, 1, a states that a parking lot must be located a minimum of 100 feet from any AG-1 residential zoned property. Since the applicant is requesting to keep the location of the existing parking lot 25 feet from an AG-1 zoned property, a variance is required. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On February 4, 2020, the DRB offered the following comments: • We support the variance. Page 4 of 8 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Standards for Consideration: The approval of a variance is based on the following consideration(s): • Relief, if granted would not offend the spirit or intent of the Ordinance. • There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of the Ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. • Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. • That the public safety, health and welfare are secured, and that substantial justice is done. The applicant response: • Please see the letter of appeal. The staff response: • The applicant is legalizing the location of the existing parking lot that is adjoining an AG-1 zoned property. The current layout of the property is shown in Exhibit A. The applicant’s organization is selling a portion of the property to the owner at 2770 Bethany Bend, which is west of the subject site. Prior to selling a portion of the subject site, the applicant’s property must conform to the current Milton Ordinance. Exhibit B shows the layout of the subject site once the selling of property takes place. • The applicant has demonstrated that there are such extraordinary and exceptional situations or conditions pertains to this lot that the literal or strict application of the Ordinance would create an unnecessary hardship since the need for this variance is based on allowing the existing parking lot to be located 25 feet from an AG-1 zoned property and not caused by the applicant. • Allowing the location of the existing parking lot to be 25 feet from an AG-1 zoned property will not cause detriment to the public good. Public safety, health and welfare will be secured, and substantial justice will be done for the surrounding properties. Staff recommendation: • Staff recommends approval of this request. Page 5 of 8 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Page 6 of 8 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Page 7 of 8 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Exhibit A Page 8 of 8 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Exhibit B Page 1 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 PETITION NUMBER: V20-03 PROPERTY INFORMATION 145 Dorris Road DISTRICT, LAND LOT 2 / 833 OVERLAY DISTRICT RURAL MILTON OVERLAY EXISTING ZONING AG-1 ACRES 29.61 EXISTING USE SINGLE FAMILY RESIDENTIAL FUTURE LAND USE DESIGNATION AGRICULTURE, EQUESTRIAN, ESTATE RESIDENTIAL REQUESTED VARIANCES: • To allow a guesthouse to exceed the maximum of 1500 heated square feet. (Sec. 64-1598, b, 3) • To allow a guesthouse to be located in the front yard. (Sec. 64-1598, b, 5) PETITIONER(S) Bret Brubaker ADDRESS 145 Dorris Road Milton, GA 30004 REPRESENTATIVE Scott Reece ADDRESS 13685 Highway 9 Milton, GA 30004 Page 2 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Page 3 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: CODY HENDRIX 678.242.2513 Background: The site is a 29.61 acre lot located along the east side of Dorris Road. It is zoned AG-1 and is located in the Rural Milton Overlay. The applicant is proposing to demo the existing house that is located in front of the principal house. The existing house was constructed in 1945 per the Fulton County Tax Records and the principal house was constructed in 1985 per the Fulton County Tax Records. The Design Review Board approved the demolition at the November 5, 2019 meeting. Section 64-1598, b, 3, states that a guesthouse cannot exceed 1500 heated square feet. Section 64-1598, b, 5, states that a guesthouse has to be located in the rear yard. Since the applicant proposes to construct a guesthouse that will exceed the maximum heated square footage allowance and is located in the front yard, a two part variance is required. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On February 4, 2020, the DRB offered the following comments: • Don’t have an issue with this variance. • Aesthetically going to enhance the property. • Okay with the proposed square footage of 2,000 square feet. Page 4 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Standards for Consideration: The approval of a variance is based on the following consideration(s): • Relief, if granted would not offend the spirit or intent of the Ordinance. • There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of the Ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. • Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. • That the public safety, health and welfare are secured, and that substantial justice is done. The applicant response: • Please see the letter of appeal. The staff response: • The applicant is proposing to construct the guesthouse in the same location as the existing house (Exhibit A). The proposed architecture (Exhibit C and Exhibit D) conforms to the Rural Milton Overlay by promoting the Rural Milton character. The existing house is roughly 1400 square feet today. The new house will be located in the same spot as the existing house. The existing driveway will service the house and the septic location will be determined by Fulton County Health and Environmental prior to permitting. • The applicant has demonstrated that there are such extraordinary and exceptional situations or conditions pertains to this lot that the literal or strict application of the Ordinance would create an unnecessary hardship since the need for this variance is based on constructing and locating a guest house in front of the principal house and exceeding the maximum heated square footage of 1500 heated square feet and not caused by the applicant. • Allowing the location and heated square footage of the guesthouse will not cause detriment to the public good. Public safety, health and welfare will be secured, and substantial justice will be done for the surrounding properties. Staff recommendation: • Staff recommends approval of this request. Page 5 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Page 6 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Page 7 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Exhibit A Page 8 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Exhibit B Page 9 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Exhibit C Page 10 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Exhibit D Page 1 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 PETITION NUMBER: V20-05 PROPERTY INFORMATION 12995 New Providence Road DISTRICT, LAND LOT 2 / 1067 OVERLAY DISTRICT RURAL MILTON OVERLAY EXISTING ZONING AG-1 ACRES 1.568 EXISTING USE DOG KENNEL AND DAYCARE FUTURE LAND USE DESIGNATION AGRICULTURE, EQUESTRIAN, ESTATE RESIDENTIAL REQUESTED VARIANCES: • To allow the southerly side yard setback to be 12 feet rather than the required 25 feet. (Sec 64-416, c, 1) • To allow the minimum setback for housing animals in a fully enclosed structure to be 70 feet from the property line rather than the required 100 feet. (Sec. 64-415, a, 9) PETITIONER(S) Ruff House Kennel and Daycare, LLC ADDRESS 12995 New Providence Road Milton, GA 30004 REPRESENTATIVE Jonathan Beard – Miles Hansford & Tallant, LLC ADDRESS 202 Tribble Gap Road, Suite 200 Cumming, GA 30040 Page 2 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Page 3 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: CODY HENDRIX 678.242.2513 Background: The site is a 1.568 acre lot located along the east side of New Providence Road. It is zoned AG-1 and is located in the Rural Milton Overlay. There was a variance case granted in 1999 that reduced the setback for a structure that housed animals from 100 feet to 73 feet and allowed for a reduction in the south property line that is the side yard setback from 25 feet to 13 feet (Exhibit A). When one of the structures was constructed from the 1999 variance (Exhibit A), it was six inches past the approved setbacks. The other structure was constructed three feet over the approved setback. The applicant requested a zoning certification letter and discovered that the structures on the property were not built per the variance in 1999. The applicant is wanting to legalize the property from the original variance. Section 64-416, c, 1, states that the minimum side yard setback adjacent to an interior line is 25 feet. Section 64-415, a, 9, states that buildings housing animals are fully enclosed and at least 100 feet from all property lines. Since the applicant is legalizing the property by having a building 73 from the property line and to reduce the side yard setback from 25 feet to 13 feet, a two part variance is required. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On February 4, 2020, the DRB offered the following comments: • We support this variance Page 4 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Standards for Consideration: The approval of a variance is based on the following consideration(s): • Relief, if granted would not offend the spirit or intent of the Ordinance. • There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of the Ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. • Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. • That the public safety, health and welfare are secured, and that substantial justice is done. The applicant response: • Please see the letter of appeal. The staff response: • The applicant is legalizing the property with the existing structures on site. The variance in 1999 was approved, however, there were no as-built surveys to verify the location of the structures. When the structures were constructed from the 1999 variance (Exhibit A), one was six inches past the approved setbacks and the other structure was constructed three feet over the approved setback. This variance would not offend the intent of the ordinance. • The applicant has demonstrated that there are such extraordinary and exceptional situations or conditions pertains to this lot that the literal or strict application of the Ordinance would create an unnecessary hardship since the need for this variance is based on reduction of the side yard setback and setback that houses animals and not caused by the applicant. • Allowing the reduction of the side yard setback and the setback for structures that house animals will not cause detriment to the public good. Public safety, health and welfare will be secured, and substantial justice will be done for the surrounding properties. Staff recommendation: • Staff recommends approval of this request. Page 5 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Page 6 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Page 7 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Exhibit A Page 8 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Exhibit B Page 9 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Page 10 of 10 Prepared for the Board of Zoning Appeals Meeting on February 18, 2020 Exhibit C