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HomeMy WebLinkAboutAgenda Packet - BoZA - 08/17/2021 AGENDA BOARD OF ZONING APPEALS August 17, 2021 6:00pm CITY COUNCIL CHAMBERS 1. Call to order 2. Roll call 3. Pledge of Allegiance 4. Approval/Amendment of Agenda 5. Approval of July meeting minutes 6. Consideration of Primary Variances a. V21-15, 2540 Hopewell Road (Deferred from last month) 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 and north property line, and 80 feet along west and south 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)) b. V21-16, 14635 Birmingham Highway Request(s): • To allow the opaque fence along the exterior street to remain as built (Section 64-417(a)(4)) • To allow the fence to be higher than allowed 5 feet height (Section 64-417 (a)(2)) c. V21-17, 13902 Tree Loft Road Request(s): • To allow the opaque fence along the exterior street to remain as built (Section 64-417(a)(4)) • To allow the fence to be higher than allowed 5 feet height (Section 64-417 (a)(2)) d. V21-18, 13912 Tree Loft Road Request(s): • To allow the opaque fence along the exterior street to remain as built (Section 64-417(a)(4)) • To allow the fence to be higher than allowed 5 feet height (Section 64-417 (a)(2)) 7. Consideration of Appeals/Secondary Variances 8. Old business 9. New business 10. Adjournment ACTION REPORT BOARD OF ZONING APPEALS July 20, 2021 6:00pm CITY COUNCIL CHAMBERS 1. Call to order 2. Roll call Present: Todd Chernik, Hodge Patel, Stephanie Butler, Kim Keller, Don Curt, Brenda Hamstead, Jason Cole 3. Pledge of Allegiance 4. Amend the agenda to move 6.d at the top of list in Consideration of primary variances Motion to approve: Todd 2nd: Hodge Vote: 7/0 (Approved) Approve the amended agenda Motion to approve: Todd 2nd: Hodge Vote: 7/0 (Approved) 5. Approval of amended June meeting minutes Motion to approve: Brenda 2nd: Stephanie Vote: 5/0 (Approved) (2 stay) 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.) Motion to Approve per site plan dated 1/25/21 by civilogistix received by the City on 5/5/21, with condition that architecture of the barn to be complimentary to the primary residence’s material and color: Todd 2nd: Jason Motion: 7/0 (Approved) Brenda Hamstead recused herself from V21-13 and V21-14. 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) from 25 feet to 17 feet for the existing house. (Sec. 64-416 (c)(1)) Motion to Approve per site plan by Georgia land surveyor received on 5/11/21 with conditions that the variance is limited to the existing structures as built, expansion or addition prohibited, and future use of existing buildings as accessory structures or guest house prohibited: Todd 2nd: Hodge Motion: 6/0 (Approved) 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)). Motion to Approve per site plan by Georgia land surveyor received on 5/11/21 with conditions that the variance is limited to the existing structures as built, expansion or addition prohibited, and future use of existing buildings as accessory structures or guest house prohibited: Todd 2nd: Don Motion: 6/0 (Approved) 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)) Motion to defer: Todd 2nd: Brenda Motion: 7/0 (Approved) 7. Consideration of Appeals/Secondary Variances None 8. Old business None 9. New business Announcement that the City offers stipend to the board members per meeting. 10. Adjournment Motion to adjourn: Jason 2nd: Todd Motion: 6/0 (Approved) Page 1 of 12 V21-15 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 PETITION NUMBER: V21-15 PROPERTY INFORMATION 2540 Hopewell Road DISTRICT, LAND LOT 2/ 678, 679 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 ACRES 6.0 EXISTING USE Kennel FUTURE LAND USE DESIGNATION Agricultural, Equestrian, Estate Residential REQUESTED VARIANCE: • To reduce the setback of a 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 and north property line, and 80 feet along west and south 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)) PETITIONER/OWNER Countryside Pet Estate, LLC ADDRESS 2540 Hopewell Road Milton, GA 30004 REPRESENTATIVE Mr. Matt Engleka (Countryside Pet Estate, LLC) ADDRESS 2540 Hopewell Road Milton, GA 30004 Page 2 of 12 V21-15 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Page 3 of 12 V21-15 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: Shubha Jangam 678.242.2539 Background: The site is a 6-acre lot on the south side of Hopewell Road and the east side of Cogburn Road. The property is zoned AG-1 and is located in the Rural Milton Overlay District. The property is being used as a kennel since 2014. It has an animal care facility of 16,500 square feet and caretaker house of 1,500 square feet. There is a gazebo on the northeast corner and multiple pens on the front and rear of the main building. The property is enclosed on all sides with a permitted four board wooden fence. Exhibit A is showing existing conditions on the property. All fences including pens are highlighted in pink. Sec. 64-415 (a)(9), states that a Kennel, veterinary hospital or veterinary clinic; provided buildings housing animals are fully enclosed and at least 100 feet from all property lines and pens, runs, etc., which are not located in a fully enclosed building are at least 200 feet from all property lines. The animal care facility on the property is more than 200 feet from the property line on the north side at Hopewell Road and 35 feet from the east side at Cogburn Road. Therefore, the first variance request is for the reduction of the required building setback. Next, the existing fence for the pen and run on the property is 10 feet along east and north property line, and 80 feet along west and south property line instead of 200 feet as required. Therefore, the second variance is requested. Per Sec. 64-1142 (b) (4) accessory site features, as defined in each zoning district of this zoning ordinance, shall be placed in the least visible location from public streets, and shall be screened from view of any right-of-way or any property zoned, used, or developed for residential uses, including the AG-1 zoning district, by one of the following means: a. Placement behind the principle building; or b. Erection of a 100-percent opaque fencing, around the entire accessory structure which must be constructed of the same type of exterior material used for the building; or c. By a vegetative screening, which shall consist of evergreen shrubs, be three and one-half to four feet at time of planting and reach a height of six feet within two years of planting. The gazebo built without a permit is located not behind the principle building and it is visible from Hopewell and Cogburn Road. Therefore, the third part of the variance is requested. Exhibit B is showing the gazebo and the fence. Exhibit C is showing locations of all existing fences as built. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On July 6, 2021, the DRB met and had the following comments: • DRB recommends approval of the variances part one and two. • DRB recommends not approving the variance for part three and recommends removal of the gazebo. Page 4 of 12 V21-15 - Prepared for the Board of Zoning Appeals Meeting on August 17, 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: • First variance request: A kennel is allowed on this property by right, but the required setback is 100 feet from all property lines for a building housing animals. The animal care facility is more than 100 feet from the north, south, and west property line but only 35 feet from the east property line. This building is more than 200 feet from structures on the other properties in the neighborhood. The building was built with the City’s approval without any variance following Sec. 64 1142 (g)(3)(a). This section states that for all property and lots located adjacent to public rights-of- way and 400 feet or less from an intersection, buildings except for accessory structures shall be set back no more than 20 feet from the edge of the required landscape strip or easements. This 20-foot front yard area may be developed with a combination of landscape and hardscape elements, such as plazas, fountains, benches, and tables. Additional shade tree plantings are encouraged within public gathering places and alongside pedestrian paths. Buildings shall have varying setbacks to create the informal crossroads community setting. Clearly this code directly contradicts the requirement of 100 feet setback. And per Section 64-1119 (c) whenever provisions in this division conflict with any other articles in this zoning ordinance, or other city ordinances, or regulations, the stricter of the two provisions shall prevail. So, the stricter requirement of 100 feet setback should have been used but it was not applied. This produced an extraordinary situation not caused by the variance applicant. And the relief if granted would not cause detriment to the public good and surrounding properties because the nearest neighbor is in support of the applicant. Therefore, the first part of the variance may be granted. • Second variance request: The existing perimeter fence was approved by the City for the property in 2014. The City does not have a record of fences approved for pens on the property. Staff notes that Exhibit D, which is from the applicant’s land disturbance permit submittal including original fence permit. It does not include the fencing that creates three pens on the south side, but just identifies it as the septic field area. Page 5 of 12 V21-15 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Presently, the kennel has three pens on the rear and three on the front side of the main building. The three rear pens are 80 feet from the south property line. However, there is a dense tree buffer in the rear between neighbors and the pens as required by the Zoning Ordinance. The fourth pen is on northeast side 10 feet from the traffic circle at Hopewell Road and Cogburn Road. It is more than 200 feet from structures on other properties across the streets. The fifth pen is in the middle of the driveway and less than 200 feet from all side property lines. The sixth pen is in the front yard 80 feet from west property line. In summary, none of the pens are at 200 feet from all property lines. Given the size and shape of the property a pen at 200 feet from all property lines will be less feasible or useful. The applicant has a support letter from the south side neighbor which is the nearest to the property. One of the properties on the north is the Bethwell Community Center owned by Milton. The literal or strict application of the ordinance would create an unnecessary hardship to continue the operation of the kennel. Therefore, the second part of the variance may be approved with a condition to install additional landscaping that is compliant with the rural viewshed to mitigate the impact on north and west side and to maintain the tree buffer on the south side. • Third variance request: Although very useful to supervise pets outdoors, the gazebo was built without a permit. It is not behind the principle building or covered with any type of screening. There is no hardship due to size, shape or topography that requires the gazebo to be at that location. Therefore, the variance to allow the accessory structure to remain may not be approved. Staff recommendation: • Staff recommends Approval of the first variance request to reduce the setback for existing building from 100 feet to 35 feet. • Staff recommends Approval of the second variance request to reduce the setback for existing fences of the pens as per site plan received on May 24, 2021, with a condition that the existing tree buffer on the south of the property to be maintained as is and a new landscaping compliant with the rural viewshed and approved by the City Arborist to be installed on the north and west side to reduce create a new buffer. • Staff recommends Denial of the third variance request. Page 6 of 12 V21-15 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Letter of Appeal Page 7 of 12 V21-15 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Page 8 of 12 V21-15 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Page 9 of 12 V21-15 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Exhibit A Page 10 of 12 V21-15 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Exhibit B Page 11 of 12 V21-15 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Exhibit C Page 12 of 12 V21-15 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Exhibit D (LDP 2014) PREPARED BY. LANDSCAPE PLAN f DESIGN SELLUTIONS= 5766 Caton Lane - AJpkme , CA 30022 CA -776-527-3257 Tas:77o-ISI-15 7 / / t n \ • \ LOCA770N MAP Desi¢,�n, llutiansl5@pmail.wm �/ _ , \, FLOWERING TREE STONE COLUMN LAl/YS OEBC7 —EVERGREEN TREE law � Rum IBI "/ .aSLBQ• .� Spy L 1 \ — FENCE - 4 BOARD HORSE RAIL acc (4oY) 4n-5111 STONE COLUMN- -••� �.i _�1 t[sxrnnv a CZ7W LAAO M I / "-'k � �; \I" •. q\ � A�iR R�w.rrsl9E awmrurm.�rsan¢s urs+B.us< aB.acmN+ImYa FLO RING TREE— -- '-FLOWERING TREE W 7 a 0r un 5E j.l ✓ - 1 \ W ­=W—MmOaismamm +- \ 1 OMIR.CRm Y113RE IlFdpl@D Or.Yu /" \p , •L` \ 5LOb11R%iYRWRB9YT, 4PR'9:IER A/B AiR"w, A4NIa NTgT D4TE a f 'SHADETREE FENCE - 4 BOARD HORSE RAIL FA A"lRifMY rD "AYLums.o-,> T d/ l I ^ m . , SHADE TREE \I �1 Y msfm/alms'mIDw/I m NCE - 4 BOARD HORSE RAIL STORM WATER_` LANDSCAPED AREA `( � AnYBB1rYIFIEY�Ab�ma .I \ o�.+Rmroncewowrrinraevrs.vcabrua.. ti,? \ mr,ATYRlsm4 rowan er eE arF.eYeaT N/F III' / \ (•S \ \ Km3YT/O.OImP mAY'RO RE%CCA R DAWSDY ` I I 1 I SHADE TREE \ 08 48511, PC 198 ''1 III \ 7 \ \ P8 2A2 PC 45.•.EVERGREEN TREE YpEw MIFF alamwsn \ / _ \I\ \\\ I i Sii I i � 7 SEP \ � T\\\ ana mminvaaVw� SBGrRav STAWAWAW 9RMnM uESTMBM' j_�� l Sµ N/f Y• \ RB7EYa7YLTLRTDVA4Er)W I I � I , S79:7EY4 xa E aMSPANSOY \ 24IKYIPS HFD3' BL APiNM3 PLM,ff I I /\LTL If\I u \ JWYL 90SRAA'SOV �. Or any p i 6'78 I 1679 _ BB 4BTBx PC 617 �. GRAPHIC SCALE S79:IBYt M i + �� \ c a eea 7 May 22, 2021 MATTHEW AND PEG ENGLEKA 2540 Hopewell fid, Milton, GA 30004 To whom it may concern: I am the owner of the property adjacent to Countryside Pet an the south side along Cogburn Road. I have been at this address for almost years, a decade prior to Countryside's establishment. I can attest to the fact that they have been exceptionally good neighbors and have in no way inconvenienced myself or my family. Its been just the opposite as they have been great neighbors During these ten years they have been very respectful of their neighbors in general.. Matt The manager of the facility Greg Runner, until he passed away in Nov 2020, created. a burn pit in the back of the facility where we both burn tree debris suck as fallen. branches, trimmed bushes during the period of time when its acceptable. In. addition, Greg, with a little help from myself engaged in numerous projects around my house including my fence, shoring up my deck and a backsplash in my kitchen. The dogs are never out before 7;00 am or after 5:30 pm except when people are picking up in the evening. Dogs are walked during the day about 3 -4 times, twice in the.am and twice in the. pm. My dogs. enjoy meeting and usually our little dachshund made more noise than the dogs from Country Side Pet. The fenced pens that contain the dogs are closest to my property and I have had no issue with this at all. What little noise we hear from the facility is insignificant and is no more from dogs we hear from further dawn Cogburn at other residences. And finally, during the last six years with the permission of the caretaker/manager or the owners I have walked my dog or dogs at the facility after closing as a convenience to myself. Prior to his passing, this was done together with the resident manager, Greg Runner, at the property with his awn dog almost a nightly basis after closure, .I hope this was helpful in resolving .your issues. S.1NCERE Y . JO L. CHRISTIANSON Page 1 of 10 V21-16 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 PETITION NUMBER: V21-16 PROPERTY INFORMATION 14635 Birmingham Highway DISTRICT, LAND LOT 2/ 665, 666 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 ACRES 1.71 EXISTING USE Single Family Residence FUTURE LAND USE DESIGNATION Agricultural, Equestrian, Estate Residential REQUESTED VARIANCE: • To allow the opaque fence along the exterior street to remain as built (Section 64-417(a)(4)) • To allow the fence to be higher than allowed 5 feet height (Section 64-417 (a)(2)) PETITIONER/OWNER Leang Heng ADDRESS 14635 Birmingham Highway Milton, GA 30004 REPRESENTATIVE Leang Heng ADDRESS 14635 Birmingham Highway Milton, GA 30004 Page 2 of 10 V21-16 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Page 3 of 10 V21-16 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: Shubha Jangam 678.242.2539 Background: The site is a 1.71-acre lot located on the east side of Birmingham Highway. The property is zoned AG-1 and is located in the Rural Milton Overlay District. Major part of the property facing Birmingham Highway is fenced with the four-board equestrian fences as permitted in Milton. However, the north-west and north side of the property is fenced with 6 feet high privacy fence as shown in Exhibit A. This part of the fence was not permitted by the Community Development Department. The Code Enforcement staff cited the applicant for a violation earlier in 2021. Exhibit B shows the distance of the privacy fence from Birmingham Highway. Per section 64-417(a)(4), opaque fences are prohibited and per section 64-417 (a)(2), fences shall not exceed 5 feet height from finish grade. The existing fence violates these two codes; however, the applicant would like to keep the fence as built. Therefore, the two variances are requested. Exhibit C is showing a landscaping plan proposed by the applicant to hide the opaque fence from Birmingham Highway. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On August 3, 2021, the DRB met and had the following comments: • DRB recommends approval of the variances. • DRB recommends getting the support letters from neighbors. • DRB recommends the landscaping plan to be approved by the City Arborist. Page 4 of 10 V21-16 - Prepared for the Board of Zoning Appeals Meeting on August 17, 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 in prohibiting the opaque fences and limiting the height of fence along the exterior street is to protect the rural character of Milton. The Code allows opaque fence on the side or rear of a property adjacent to exterior street as long as the opaque fence is not visible from the street at any time of the year (Section 64-417 (a) (7)). If hidden with the landscaping, this fence, would not offend the spirit of the ordinance despite being higher than 5 feet. Therefore, the variance maybe approved. • Part two: The property is facing Birmingham Highway and it is not part of any subdivision. However, it is sharing part of its driveway with the neighbor. The north-west corner of the property is exposed to Birmingham and the applicant has a need to enclose this part to protect a family member. A strict application of the ordinance would create an unnecessary hardship to the resident when there is an opportunity to comply with the code by concealing the fence with evergreen trees. Therefore, the variance maybe approved. • Part three: Relief, if granted would not cause a substantial detriment to the public good and the surrounding properties. Therefore, the variance maybe approved. • Part four: The public safety, health, and welfare are secured, and substantial justice is done by permitting the fence as built with the appropriate landscaping to improve the rural viewshed. Staff recommendation: • Staff recommends Approval of the requested variances with a condition that the landscaping be approved by the City Arborist be installed within the months of the variance approval. Page 5 of 10 V21-16 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Letter of Appeal Page 6 of 10 V21-16 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Exhibit A (Existing fence on site) Page 7 of 10 V21-16 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Exhibit B (Existing Conditions and distance from Birmingham Road) Page 8 of 10 V21-16 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 (Before) (After) Exhibit C (Proposed Landscaping) Page 9 of 10 V21-16 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Exhibit C (Proposed Landscaping) Page 10 of 10 V21-16 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Exhibit C (Proposed Landscaping) Page 1 of 7 V21-17 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 PETITION NUMBER: V21-17 PROPERTY INFORMATION 13902 Tree Loft Road DISTRICT, LAND LOT 2/ 813, 814 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 ACRES 1.14 EXISTING USE Single Family House FUTURE LAND USE DESIGNATION Agricultural, Equestrian, Estate Residential REQUESTED VARIANCE: • To allow the opaque fence along the exterior street to remain as built (Section 64-417(a)(4)) • To allow the fence to be higher than allowed 5 feet height (Section 64-417 (a)(2)) PETITIONER/OWNER Mark and Brandy Lazzara ADDRESS 1213 Basnett Drive Milton, GA 30004 REPRESENTATIVE Mark and Brandy Lazzara ADDRESS 1213 Basnett Drive Milton, GA 30004 Page 2 of 7 V21-17 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Page 3 of 7 V21-17 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: Shubha Jangam 678.242.2539 Background: The site is a 1.14-acre lot on east side of Freemanville Road and west side of Tree Loft Road. The property is zoned AG-1 and is located in the Rural Milton Overlay District. Per section 64-417(a)(4), opaque fences are prohibited and per section 64-417 (a)(2), fences shall not exceed 5 feet height from finish grade. The existing fence was built without a permit, and it violates these two codes. The applicant recently sold this house to a new owner but is pursuing the request of these two variances for this property per an agreement between the two parties. This property is part of Crabapple Brook subdivision. It is accessible from Tree Loft Road, and it backs up to Freemanville Road. It has a house and a pool on site with a separate pool barrier. Exhibit A shows the location of the existing fence on site. The subject fence is 6 feet high and not visible from Freemanville Road. However, the Code Enforcement staff noticed it when citing the next-door property, which also has a similar fence. Exhibit B is showing the view from Freemanville Road. It shows that the fence is not visible from Freemanville Road. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On August 3, 2021, the DRB met and had the following comments: • DRB recommends approval of the variances with a condition that landscaping to be maintained to conceal the fence from Freemanville Road. Page 4 of 7 V21-17 - Prepared for the Board of Zoning Appeals Meeting on August 17, 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 avoid opaque fences along the exterior street for maintaining the rural character of Milton. The fence height limit is related to consistency in the rural viewshed. However, the Code allows opaque fencing on the side or rear of a property adjacent to exterior street as long as the opaque fence is not visible from the street at any time of the year (Section 64-417 (a) (7)). The existing fence is a foot higher than allowed but still not seen from Freemanville Road. Therefore, it would not offend the spirit of the Ordinance if the variances were approved. • Part two: The property is covered with the dense tree buffer between the fence and Freemanville Road. A strict application of the ordinance would create an unnecessary hardship to replace the fence for height violation. Therefore, the variances maybe approved with a condition to maintain the buffer. • Part three: Relief, if granted would not cause a substantial detriment to the public good and the surrounding properties because it would not interfere with the rural viewshed of the Milton. Therefore, the variance maybe approved. • Part four: The public safety, health, and welfare are secured, and substantial justice is done by permitting the fence as built since it provides an added protection from the traffic noise. Therefore, the variance maybe approved. Staff recommendation: • Staff recommends Approval of variances with a condition that the vegetative buffer be maintained to keep the fence hidden from Freemanville Road. Page 5 of 7 V21-17 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Letter of Appeal Page 6 of 7 V21-17 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Exhibit A Page 7 of 7 V21-17 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Exhibit B Page 1 of 8 V21-18 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 PETITION NUMBER: V21-18 PROPERTY INFORMATION 13912 Tree Loft Road DISTRICT, LAND LOT 2/ 813, 814 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 ACRES 1.11 EXISTING USE Single Family House FUTURE LAND USE DESIGNATION Agricultural, Equestrian, Estate Residential REQUESTED VARIANCE: • To allow the opaque fence along the exterior street to remain as built (Section 64-417(a)(4)) • To allow the fence to be higher than allowed 5 feet height (Section 64-417 (a)(2)) PETITIONER/OWNER Robert Robers ADDRESS 13912 Tree Loft Road Milton, GA 30004 REPRESENTATIVE Robert Robers ADDRESS 13912 Tree Loft Road Milton, GA 30004 Page 2 of 8 V21-18 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Page 3 of 8 V21-18 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: Shubha Jangam 678.242.2539 Background: The site is a 1.11-acre lot on east side of Freemanville Road and west side of Tree Loft Road. The property is zoned AG-1 and is located in the Rural Milton Overlay District. Per section 64-417(a)(4), opaque fences are prohibited and per section 64-417 (a)(2), fences shall not exceed 5 feet height from finish grade. The property had a chain link fence along the Freemanville Road prior to the purchase by this owner. Note that the chain link fence is also not allowed. The applicant replaced the chain link fencing but did not obtain a permit for privacy fence of 6 feet high. The Code Enforcement staff cited the owner after a complaint was received early this year. This property is part of Crabapple Brook subdivision. It is accessible from Tree Loft Road, and it backs up to Freemanville Road. Exhibit A shows the location of the fence on the site. The subject fence is 6 feet tall, and it is somewhat visible from Freemanville Road. Exhibit C is showing the pictures of the fence and the view from Freemanville Road. After the citation the owner applied for a permit and proposed an additional landscaping as advised by Staff with these two variance requests. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On August 3rd, 2021, the DRB met and had the following comments: • DRB recommends approval of the variances with condition of landscaping to be maintained to conceal the fence from Freemanville Road. Page 4 of 8 V21-18 - Prepared for the Board of Zoning Appeals Meeting on August 17, 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 avoid opaque fences along the exterior street for maintaining the rural character of Milton. The height limit is related to consistency in the rural viewshed. However, the Code allows opaque fencing on the side or rear of a property adjacent to exterior street as long as the opaque fence is not visible from the street at any time of the year (Section 64-417 (a) (7)). The existing fence is a foot higher than allowed and partially viewable from Freemanville Road. It would not offend the spirit of the Ordinance if the existing fence is allowed to remain with additional landscaping. • Part two: A strict application of the ordinance would create an unnecessary hardship to remove the newly built fence. Instead, a mitigation method can be used to make the fence not visible from Freemanville Road. Therefore, the variance maybe approved with a condition to add vegetative cover to hide the fence. • Part three: Relief, if granted would not cause a substantial detriment to the public good and the surrounding properties because with the added buffer the existing fence would remain unseen although a foot higher than permitted. Therefore, the variance maybe approved. • Part four: The public safety, health, and welfare are secured, and substantial justice is done by permitting the fence as built, since it provides an added protection from the traffic noise. Therefore, the variance maybe approved. Staff recommendation: • Staff recommends Approval of variances with conditions to maintain the existing buffer and add landscaping approved by the City Arborist within six months of the variance approval. Page 5 of 8 V21-18 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Letter of Appeal Page 6 of 8 V21-18 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Exhibit A Page 7 of 8 V21-18 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 Exhibit B Page 8 of 8 V21-18 - Prepared for the Board of Zoning Appeals Meeting on August 17, 2021 View from Freemanville Road Exhibit C From:Bob R To:Shubhangi Jangam Subject:Re: fence at 13912 Tree Loft Rd Date:Tuesday, March 23, 2021 1:31:49 PM Attachments:image001.png CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Shubha, Per our conversation, I thought the fence company (Accurate Fence) had obtained the necessary permits to replace my chain link fence, but was surprised that they had not. As you can see from the attached pictures, our old chain link fence has already been replaced with a wooden privacy fence, and it is scheduled for painting (black) in 2 weeks. Per your suggestion, we are willing to landscape the street-facing side of the fence with evergreen shrubs. I have attached pics of both arborvitae and holly trees which we can be planted along the way. For the most part, we have enough room between the fence and the property line for these plantings. With your approval, we are prepared to contract with Scottsdale Farms Garden Center for the tree installation ASAP. Please contact me if I can provide any additional information. Thank you, Bob Robers 13912 Tree Loft Rd, Milton, GA 404 808-7375 On Wed, Mar 10, 2021 at 3:07 PM Shubhangi Jangam <shubhangi.jangam@cityofmiltonga.us> wrote: Privacy fence is prohibited when can be seen from the City street. You need to change your design to 4 board equestrian fence. Resubmit your application or contact me, thanks. Kind Regards, Shubhangi (Shubha) Jangam Senior Planner 2006 Heritage Walk Milton GA 30004 Phone 678 242 2539 www.cityofmiltonga.us