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HomeMy WebLinkAboutAgenda Packet - BoZA - 06/16/2020 Page 1 of 14 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 PETITION NUMBER: V20-08 PROPERTY INFORMATION 870 Owens Lake Road DISTRICT, LAND LOT 2 / 993 & 1024 OVERLAY DISTRICT CRABAPPLE FORM BASED CODE EXISTING ZONING AG-1 ACRES 10.116 EXISTING USE VACANT LAND FUTURE LAND USE DESIGNATION AGRICULTURE, EQUESTRIAN, ESTATE RESIDENTIAL REQUESTED VARIANCES: • To reduce the rear yard setback from fifty feet to twenty five feet. (Sec. 64-416, d) PETITIONER(S) Gary R. Young ADDRESS 120 Dorris Road Milton, GA 30004 REPRESENTATIVE David A. Adams ADDRESS 2420 Mills Wood Run Canton, GA 30114 Page 2 of 14 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 3 of 14 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: CODY HENDRIX 678.242.2513 Background: The site is a 10.116 acre lot located along the west side of Owens Lake Road in the Six Hills subdivision. It is zoned AG-1 and is located in the Crabapple Form Based Code. This property is one of the last remaining vacant lots in the Six Hills subdivision. The applicant is proposing to reduce the rear yard setback from fifty feet to twenty five feet to construct a single family house and an accessory structure (Exhibit B). Section 64-416, states that the minimum rear yard setback adjacent shall be fifty. Since the applicant is proposing to reduce the rear setback from fifty feet to twenty five feet, a variance is required. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On June 2, 2020, the DRB did not meet because the lack of a quorum: • No comment Page 4 of 14 Prepared for the Board of Zoning Appeals Meeting on June 16, 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 has a Natural Resource Conservation Service (NRCS) easement, floodplain, and stream buffers that prohibit the structures to be located anywhere else on the property (Exhibit A & B). The easement, floodplain, and stream buffers accumulate roughly 76% of the property. When you eliminate that unusable area, the septic drainage fields, and the path for the driveway, the applicant is left with an estimated 0.6 acres of buildable area. The applicant is conserving as much of the forested area on site. This variance would not offend the intent of the ordinance. • Allowing the reduction of the rear yard setback 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 14 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 6 of 14 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 7 of 14 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 8 of 14 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 9 of 14 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 10 of 14 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Exhibit A Page 11 of 14 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Exhibit B Page 12 of 14 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 13 of 14 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 14 of 14 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 1 of 8 Prepared for the Board of Zoning Appeals Meeting on June 16 2020 PETITION NUMBER: V20-09 PROPERTY INFORMATION 330 Dorris Road DISTRICT, LAND LOT 2 / 921, 922, 951, 952 OVERLAY DISTRICT RURAL MILTON OVERLAY EXISTING ZONING AG-1 ACRES 35.90 EXISTING USE SINGLE FAMILY RESIDENTIAL FUTURE LAND USE DESIGNATION AGRICULTURE, EQUESTRIAN, ESTATE RESIDENTIAL REQUESTED VARIANCES: • To allow an existing accessory structure to be located in the front yard. (Sec. 64-416, i) • To allow a proposed accessory structure to be located in the front yard. (Sec. 64-416, i) PETITIONER(S) Trey James ADDRESS 11560 Great Oaks Way Alpharetta, GA 30022 REPRESENTATIVE Brumbelow Reese – Scott Reece ADDRESS 13685 Highway 9 Milton, GA 30004 Page 2 of 8 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 3 of 8 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: CODY HENDRIX 678.242.2513 Background: The site is a 35.90 acre lot located along the north side of Dorris Road. It is zoned AG-1 and is located in the Rural Milton Overlay. The property has an approved demolition permit that was issued in August 2018. The applicant is now performing their scope of work with their approved land disturbance permit that was issued in March 2019. The applicant has the location of their new single family house in the back of the property and is proposing to keep the existing structure on the property that will be in front of the principal building (Exhibit A & B). In the future, the applicant is proposing to construct a new accessory structure on the property that will be in front of the principal building (Exhibit A). Section 64-416, i, states that states that accessory structures may be located in rear or side yards but shall not be located within a minimum yard. Since the applicant is proposing to keep the existing accessory structure on the property and construct an accessory structure on the property, a two part variance is required. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On June 2, 2020, the DRB did not meet because the lack of a quorum: • No comment Page 4 of 8 Prepared for the Board of Zoning Appeals Meeting on June 16, 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 existing structure on the property is 1,056 square feet and will be used for storage of fertilizers and other hazardous materials (Exhibit A; Note #3). The proposed structure will be a 7,200 square foot barn (Exhibit A). The location of these structures will be greater than 400 feet from Dorris Road. The existing structure should be subject to architecture review to be in character with the character area if the first part variance is approved. City Staff is working on preserving large lots and the rural character that comes with them. If the second variance is to be approved, the Board should condition the size of the proposed accessory structure and subject to architecture standards. • Allowing the location of the existing accessory structure and proposed accessory structure in the front yard 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 June 16, 2020 Page 6 of 8 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Exhibit A Page 7 of 8 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Exhibit B Page 8 of 8 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Exhibit C Page 1 of 10 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 PETITION NUMBER: V20-10 PROPERTY INFORMATION 600 Hickory Flat Road DISTRICT, LAND LOT 2 / 334 OVERLAY DISTRICT RURAL MILTON OVERLAY EXISTING ZONING AG-1 ACRES 4.00 EXISTING USE SINGLE FAMILY RESIDENTIAL FUTURE LAND USE DESIGNATION AGRICULTURE, EQUESTRIAN, ESTATE RESIDENTIAL REQUESTED VARIANCES: • To allow an accessory structure to be located in the front yard. (Sec. 64-416, i) PETITIONER(S) Nanette Fine ADDRESS 600 Hickory Flat Road Milton, GA 30004 Page 2 of 10 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 3 of 10 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: CODY HENDRIX 678.242.2513 Background: The site is a 4.00 acre lot located along the north side of Hickory Flat Road. It is zoned AG-1 and is located in the Rural Milton Overlay. The applicant is proposing to construct an accessory structure that will be in front of the principal building. Section 64-416, i, states that accessory structures may be located in rear or side yards but shall not be located within a minimum yard. Since the applicant is proposing to construct an accessory structure in the front yard, a variance is required. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On June 2, 2020, the DRB did not meet because the lack of a quorum: • No comment Page 4 of 10 Prepared for the Board of Zoning Appeals Meeting on June 16, 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 existing house was constructed in 2002 and the applicant are proposing to construct an accessory structure that will be in front of the principal building (Exhibit B). The existing conditions (Exhibit A) show the house facing the western property line, which is the side setback. The proposed accessory structure will be on the southern portion of the property, that is the front yard (Exhibit B). The location of the accessory structure will be in respect to the orientation of the house. The septic location is to the north of the single family house, which would not allow for the accessory structure to be located. If this variance is to be approved, it must meet architectural standards. • Allowing the location of the proposed accessory structure on the 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 June 16, 2020 Exhibit A Page 6 of 10 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Exhibit B Page 7 of 10 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Exhibit C Page 8 of 10 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 9 of 10 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 10 of 10 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 1 of 13 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 PETITION NUMBER: V20-11 PROPERTY INFORMATION 1049 Summit View Lane DISTRICT, LAND LOT 2 / 395 OVERLAY DISTRICT RURAL MILTON OVERLAY EXISTING ZONING AG-1 ACRES 1.00 EXISTING USE SINGLE FAMILY RESIDENTIAL FUTURE LAND USE DESIGNATION LOW DENSITY RESIDENTIAL REQUESTED VARIANCES: • To allow an accessory structure to be located in the side yard setback. Sec. 64-416, i) PETITIONER(S) Tom Cuce ADDRESS 1049 Summit View Lane Milton, GA 30004 REPRESENTATIVE Ashley Barton ADDRESS 1301 Iron Mountain Road Canton, GA 30115 Page 2 of 13 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 3 of 13 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: CODY HENDRIX 678.242.2513 Background: The site is a 1.00 acre lot located along the south side of Summit View Lane in The Manor Subdivision. It is zoned AG-1 and is located in the Rural Milton Overlay. The single family house was issued a certificate of occupancy in May 2019. The pool permit was issued in 2019 and is currently under construction. The applicant is now proposing to construct an accessory structure (open-air pool cabana) that will encroach into the side yard setback (Exhibit A). Section 64-416, i, states that the accessory structures may be located in rear or side yards but shall not be located within a minimum yard. Since the applicant is proposing to construct an accessory structure in the side yard setback, a variance is required. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On June 2, 2020, the DRB did not meet because the lack of a quorum: • No comment Page 4 of 13 Prepared for the Board of Zoning Appeals Meeting on June 16, 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 an accessory structure that will encroach into the side yard setback (Exhibit A). The restriction of the drainage easement and setbacks make the location of the accessory structure difficult to place. When the applicant proposed to construct the pool, a drainage easement on the western side of the property had to be relocated to make the pool not encroach. However, the location of the accessory structure can be placed on the eastern side of the pool. • Allowing the reduction of the side yard setback for an accessory structure will cause detriment to the public good. Public safety, health and welfare will not be secured, and substantial justice will not be done for the surrounding properties. Staff recommendation: • Staff recommends denial of this request. Page 5 of 13 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 6 of 13 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Exhibit A Page 7 of 13 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Exhibit B Page 8 of 13 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Exhibit C Page 9 of 13 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 10 of 13 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 11 of 13 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 12 of 13 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020 Page 13 of 13 Prepared for the Board of Zoning Appeals Meeting on June 16, 2020