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HomeMy WebLinkAboutAgenda Packet - BoZA - 07/21/2020 Page 1 of 15 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 PETITION NUMBER: V20-12 PROPERTY INFORMATION 725 Oxford Lakes Court DISTRICT, LAND LOT 2 / 1022 & 1023 OVERLAY DISTRICT RURAL MILTON OVERLAY EXISTING ZONING AG-1 ACRES 1.69 EXISTING USE SINGLE FAMILY RESIDENTIAL FUTURE LAND USE DESIGNATION LOW DENSITY RESIDENTIAL REQUESTED VARIANCES: • To allow an existing accessory structure to be located in the side yard setback. (Sec. 64-416, i) PETITIONER(S) Charles Stewart ADDRESS 725 Oxford Lakes Court Milton, GA 30004 REPRESENTATIVE Max Irwin ADDRESS 104 Roberts Way Canton , GA 30114 Page 2 of 15 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 Page 3 of 15 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: CODY HENDRIX 678.242.2513 Background: The site is a 1.69 acre lot located along the north side of Oxford Lakes Court in the Oxford Lakes Subdivision. It is zoned AG-1 and is located in the Rural Milton Overlay. The applicant submitted for a building permit to construct a screen porch to the accessory structure. Staff was reviewing the building permit when the structure was identified to be located in the side yard setback. The structure was built between 2003 and 2004 which was before the City was incorporated. The structure was not present in 2003 from the Fulton County GIS Aerial (Exhibit B) and was then present in 2005 (Exhibit C). 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 legalizing an existing accessory structure that is located in the side yard setback, a variance is required. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On July 7, 2020, the DRB did not meet because the lack of a quorum: • Keep consistency with the architecture for the screened porch. • No issues. Page 4 of 15 Prepared for the Board of Zoning Appeals Meeting on July 21, 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 legalize the existing accessory structure that encroaches into the side yard setback (Exhibit A) to construct a porch onto the rear of the structure. The structure was built sometime between 2003 and 2004 which is before the City became incorporated (Exh ibit B and Exhibit C). The proposed screen porch addition will be out of the setbacks and compliant with the zoning ordinance for distance from then property lines. • Allowing the encroachment of the existing structure in the side yard setback for an accessory structure 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 15 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 Page 6 of 15 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 Page 7 of 15 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 Page 8 of 15 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 Exhibit A Page 9 of 15 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 (Exhibit B – Fulton County GIS Aerial – 2003) (Exhibit C – Fulton County GIS Aerial – 2005) Page 10 of 15 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 Page 11 of 15 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 Page 12 of 15 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 Page 13 of 15 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 Page 14 of 15 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 Page 15 of 15 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 Page 1 of 6 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 PETITION NUMBER: V20-13 PROPERTY INFORMATION 14102 Seabiscuit DISTRICT, LAND LOT 2 / 773 & 774 OVERLAY DISTRICT RURAL MILTON OVERLAY EXISTING ZONING CUP/RZ01-060 ACRES 1.29 EXISTING USE SINGLE FAMILY RESIDENTIAL FUTURE LAND USE DESIGNATION LOW DENSITY RESIDENTIAL REQUESTED VARIANCES: • To allow the existing house to be located in the seventy five foot impervious setback. (Sec. 20-426, 2) • To allow a pool, pool deck, and pool equipment to encroach into the fifty foot undisturbed buffer and seventy five foot impervious setback. (Sec. 20-426, 1, 2) PETITIONER(S) Brian Wobrock ADDRESS 14102 Seabiscuit Milton, GA 30004 Page 2 of 6 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 Page 3 of 6 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: CODY HENDRIX 678.242.2513 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. The first part of the variance is to allow the existing house encroaches into the seventy five foot impervious setback which was built before the Milton stream buffers were implemented (Exhibit A & B). The second part of the variance is to allow the proposed pool, pool deck, and pool equipment to encroach into the fifty foot Milton stream buffer and the seventy five foot impervious setback. The applicant originally had the pool encroaching in both the fifty foot and seventy five foot buffer but worked with staff to move the pool only into the seventy five foot impervious buffer (Exhibit A). Section 20-426, 2 states that an additional twenty five foot impervious setback is required in adjacent to a stream. The applicant proposes to legalize the existing house to encroach into the seventy five foot impervious setback. 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 in adjacent to a stream. The applicant proposes to construct a pool, pool deck, and pool equipment in the fifty foot undisturbed buffer and seventy five foot impervious setback, a two part variance is required. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On July 7, 2020, the DRB did not meet because the lack of a quorum: • Work with Staff to move pool out of the fifty foot undisturbed buffer. Page 4 of 6 Prepared for the Board of Zoning Appeals Meeting on July 21, 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 worked with staff to move the pool out of the fifty foot undisturbed buffer and the applicant now has the proposed pool, pool deck, and pool equipment only in the seventy five foot impervious setback (Exhibit A). The legalization of the existing house to encroach into the seventy five foot impervious would make the house conform to the current stream buffer regulations (Exhibit A & B). • Allowing the encroachment of the existing structure in the seventy five foot impervious setback and the proposed pool, pool deck, and pool equipment in the seventy five foot impervious 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 the two part variance request. Letter of Appeal Page 5 of 6 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 Exhibit A Page 6 of 6 Prepared for the Board of Zoning Appeals Meeting on July 21, 2020 Exhibit B