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HomeMy WebLinkAboutAgenda Packet - BoZA - 09/21/2021 AGENDA BOARD OF ZONING APPEALS September 21, 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 August meeting minutes 6. Consideration of Primary Variances a. V21-19, 15140 Hopewell Road Request(s): • To allow an existing residence to be located in the City of Milton’s 50-foot stream buffer and 75-foot impervious setback (Sec. 20- 426(1)(2)). b. V21-20, 12745 New Providence Road Request(s): • To reduce the front yard setback from 60 feet to 25 feet for a new house (Section 64-416(b)). c. V21-21, 790 Landrum Road (withdrawn) Request(s): • To allow an accessory structure not housing animals to be built in the front yard (Section 64-416(i)). 7. Consideration of Appeals/Secondary Variances None 8. Old business None 9. New business None 10. Adjournment ACTION REPORT BOARD OF ZONING APPEALS August 17, 2021 6:00pm CITY COUNCIL CHAMBERS 1. Call to order 2. Roll call Present: Todd Chernik, Hodge Patel, Stephanie Butler, Don Curt, Absent: Kim Keller, Brenda Hamstead, Jason Cole 3. Pledge of Allegiance 4. Amend the August agenda as published Motion to approve: Todd 2nd: Hodge Vote: 4/0 (Approved) 5. Approval of amended July meeting minutes Motion to approve: Hodge 2nd: Todd Vote: 4/0 (Approved) 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)) Motion to Approve the part one and two of the variance requests per site plan in Exhibit A and D with a condition that existing tree buffer to be maintained on the perimeter and to deny the part three of the variance: Todd 2nd: Hodge Motion: 4/0 (Approved part one and two; Denied part three) 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)) Motion to deny the variance for an opaque fence of 6 feet height along the exterior street: Hodge 2nd: Todd Motion: 3/1 (Variance Denied) (Don opposed) 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)) Motion to deny the variance for an opaque fence of 6 feet height along the exterior street: Todd 2nd: Hodge Motion: 3/1 (Variance Denied) (Don opposed) 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)) Motion to deny the variance for an opaque fence of 6 feet height along the exterior street: Todd 2nd: Stephanie Motion: 3/1 (Variance Denied) (Don opposed) 7. Consideration of Appeals/Secondary Variances None 8. Old business None 9. New business None 10. Adjournment Motion to adjourn: Stephanie 2nd: Todd Motion: 4/0 (Approved) Page 1 of 8 V21-19 - Prepared for the Board of Zoning Appeals Meeting on September 21, 2021 PETITION NUMBER: V21-19 PROPERTY INFORMATION 15140 Hopewell Road DISTRICT, LAND LOT 2/ 547 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 ACRES 6.38 EXISTING USE Single Family House FUTURE LAND USE DESIGNATION Agricultural, Equestrian, Estate Residential REQUESTED VARIANCE: • To allow an existing residence to be located in the City of Milton’s 50-foot stream buffer and 75-foot impervious setback. (Sec. 20-426(1) (2)). PETITIONER/OWNER James Rohde and Catherina Rohde ADDRESS 15140 Hopewell Road Milton, GA 30004 REPRESENTATIVE Brumbelow–Reese and Associates, Inc. (Scott Reece) ADDRESS 13685 Highway 9 N Milton, GA 30004 Page 2 of 8 V21-19 - Prepared for the Board of Zoning Appeals Meeting on September 21, 2021 Page 3 of 8 V21-19 - Prepared for the Board of Zoning Appeals Meeting on September 21, 2021 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: Shubha Jangam 678.242.2539 Background: The site is a 6.38 -acre lot on the west side of Hopewell Road. The property is zoned AG-1 and is located in the Rural Milton Overlay District. Per section Sec. 20-426(1) (2) the City requires a 50-foot stream buffer and 75-foot impervious setback for buildings near the streams. This property has a residence that was built in 1974. The stream is located on the west part of the property. As can be seen in Exhibit A, part of the house is within the 50-foot stream buffer and 75-foot impervious setback. As per the current stream buffer setback requirements of the Zoning Ordinance, the house is legal non-compliant. No further development would be allowed until the property is brought to compliance; therefore, this variance is requested. There is also a barn on the property in the front yard, which will be demolished, so it does not require a variance. The existing house will remain part of a future subdivision that is under review. Exhibit B is showing the pictures of existing house and the property. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On September 7, 2021, the DRB met and had the following comments: • DRB recommends approval of the variance as requested. Page 4 of 8 V21-19 - Prepared for the Board of Zoning Appeals Meeting on September 21, 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. Recommended Conditions: • No conditions are recommended. Page 5 of 8 V21-19 - Prepared for the Board of Zoning Appeals Meeting on September 21, 2021 Letter of Appeal Page 6 of 8 V21-19 - Prepared for the Board of Zoning Appeals Meeting on September 21, 2021 Exhibit A Page 7 of 8 V21-19 - Prepared for the Board of Zoning Appeals Meeting on September 21, 2021 Exhibit B (Pictures of the existing house) Page 8 of 8 V21-19 - Prepared for the Board of Zoning Appeals Meeting on September 21, 2021 Exhibit B Continued (Pictures of the property) 25' STATE STREAM BUFFER50' MILTON STREAM BUFFER75' IMPERVIOUS SETBACKJOB #: 2020-253CHECKED BY: SDRDRAWING: CLAXTON-VARDRAWN BY: MKFIELD BY: SDRDATE: JULY 27, 2021 VARIANCE SITE PLAN FOR11 LOCATED IN: LAND LOT(S): 547 DISTRICT: 2, SECTION: 2 CITY OF: MILTON COUNTY OF: FULTON STATE OF GEORGIA BRUMBELOW-REESE AND ASSOC., INC. LAND SURVEYORS, LAND PLANNERS, DEVELOPMENT CONSULTANTS [GEORGIA LICENSE LSF000285] - EXPIRATION 6/30/2022 13685 HIGHWAY 9 N MILTON, GEORGIA 30004-3616 PHONE: 770-475-6817 FAX: 770-569-4948 EMAIL: BRASSINC@COMCAST.NET REFERENCE(S):1.SURVEY FOR ROBERT L. SMITH, BY BRUMBELOW-REESE &ASSOCIATES, INC., DATED MARCH 30, 1998, AS LAST REVISEDMAY 28, 1998. Page 1 of 8 V21-20 - Prepared for the Board of Zoning Appeals Meeting on September 21, 2021 PETITION NUMBER: V21-20 PROPERTY INFORMATION 12745 New Providence Road DISTRICT, LAND LOT 2/ 1139 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 ACRES 1.928 EXISTING USE Vacant FUTURE LAND USE DESIGNATION Agricultural, Equestrian, Estate Residential REQUESTED VARIANCE: • To reduce the front yard setback from 60 feet to 25 feet for a new house (Section 64-416(b)). PETITIONER/OWNER David Fortanbary ADDRESS 128 Meadow Mill Road Woodstock, GA 30188 REPRESENTATIVE David Fortanbary ADDRESS 128 Meadow Mill Road Woodstock, GA 30188 Page 2 of 8 V21-20 - Prepared for the Board of Zoning Appeals Meeting on September 21, 2021 Page 3 of 8 V21-20 - Prepared for the Board of Zoning Appeals Meeting on September 21, 2021 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: Shubha Jangam 678.242.2539 Background: The site is a 1.928 -acre lot on the east side of New Providence Road in Meadowood Subdivision. The property is zoned AG-1 and is located in the Rural Milton Overlay District. Per Section 64-416(b) the City requires 60-foot front setback. This parcel is a flag lot, and the front setback does not fall within stem portion of the flag lot. Per Section 64-77(3), measurements for a front yard setback shall begin at the point of intersection of the stem and the flag portion of a flag lot running along the property line the most perpendicular to the stem. Exhibit A is showing the site survey with the proposed house location on the property. It also shows the topography on the site. The site slopes considerably on the east side and ends at a stream in the rear. The septic field is on the south side of the property. This part of the proposed house is encroaching into the front yard setback. Therefore, this variance is requested to reduce the front yard setback to 25 feet from 60 feet. Exhibit B is showing the final plat recorded in 2014. DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On September 7, 2021, the DRB met and had the following comments: • DRB recommends approval of the variance. Page 4 of 8 V21-20 - Prepared for the Board of Zoning Appeals Meeting on September 21, 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. Recommended Conditions: • No conditions are recommended. Page 5 of 8 V21-20 - Prepared for the Board of Zoning Appeals Meeting on September 21, 2021 Letter of Appeal Page 6 of 8 V21-20 - Prepared for the Board of Zoning Appeals Meeting on September 21, 2021 Exhibit A Page 7 of 8 V21-20 - Prepared for the Board of Zoning Appeals Meeting on September 21, 2021 Exhibit B (Final plat) Page 8 of 8 V21-20 - Prepared for the Board of Zoning Appeals Meeting on September 21, 2021 Exhibit C (Site Pictures) ��jj N 15P•INE� i[CIeL1C1 i (7) ��j� / 200AK J 10H Y �j X r 1 0310AKI 14H�AY 4L1AXI x 11PTNE o� A200Af� / g KRY / RR 1 2 pLJA, / / / / / / / I \ _CH — — — 25'B/L / _ _ / / I I 1t Y Ix 11 ( �i / �1H R B39 —H - 1 3. ar Gcvag)e N / 170<K / 2KK / I IOHKIYR \ o \ 1 \ I 21OAK /9HKRY 18�"RY / 15 RY AK I 11 Septic System 500 LF Repair I I I Co I Co / CD 1 111 R� ISj /V x ISI I�� 1 01�3 7 P I (D\ \ "tY� I o 10 H K/ I xl \ 28 AK \ I Co I o 0 RK ^ L I I I 1 �Y4�A W rL I I Ute/ xU �� \ 7 \ JN�� \ 2 DAK 15DAK I I f((4�/ h II�LLAAjeptic Fiell I(D70-AK � � 1 ` � 11POP � 110AK 1 \ \ 1§ RY3bOAK / �0 g 1 I o WKJ0/ 7B CH TEAR I I 1 I I ��� l // /9HRRY/ / X / 9B CH A 1 I \ \ I / / I I / /I 4P0) 11GI�M \ 60AK\ I I I I 1 1 I // �� /��� 2/JM 60AK \ I I 1 \ 7DA� 4 24P l( P, ��4 M A�j / 12 Pr 0 Z~ NE \1 BP�NE 1 I Ij 15HiRY21f°0 ��/� / PHKRjY I I x lei Septic-Eystem 335 LF Primary 10�f E l 23 RI \ \ I I I I I Ilj) � j 9H Ry BHKRY I 11POP/'j \ I QP\ 1\FINE �I I I / I (D I2j MPL� �f / \ 1 8P 1IN \ I 31OAK 6 ; Y 91�R I I02104K � I �i \ 1� 17RY I (2 IR Y I I I 110'qK 1 ► /�1140AK \ 1 16 NE / 1 /170RY 1 1/ R/ 6PO I I I I 2I A I I 1 E /. j OK / \ I \ �ARY 20PINE I I I I I I I I IN \/ I 19P9 1 1 1 1 1 1 1 h 1CJgRY I I 1 �/ X I �/ 1 1 / 1 I I j2H YII 1 1 1 1 I:I I I/ x 1\ I I 150 KII I 14 NEI III I II` 9 / I J OgNE 11 13 I I 114 0 I: \6 OP \ — 1100 / \ 1 / 19HKRY I I I II \ 1 RPL' — x I II I I I I I I I I I 11 �PLI . J l \ \ I A 14Y / 111 iC I 1 ?3( AK I ll1FiF�L 1 1 11 II \ I x 11 K UM 16 I I I I I I 1 i / 1 (Dl5POP Ix / 10c3A I 11GU 1 I I I p/ I 19P0P \P I I 142GU P I 20 Pte: XI 1U M/ �IO P N 2PO P \ \/\ "/ / Y I I � \ GUM POP y 160tf 10 \P P /19 P / �Yl0 E i BHRRY,.113P0� / / x00 0 I 1 oo�x 13GUM 1590 I \0R0 / 1078 7 / I 1 �j 11�GUMI4"C rUM /I r 1 ` . 17M / 117RR xz- /IaPoP I I x L4' / 74 3 2 .L. 094 .L. 139 12735 New Providence Rd Milton, GA 30004 Adjacent Neighbor 12725 New Providence Rd Milton, GA 30004 Neighbor DocuSign Envelope ID: A16403D7-11C6-4D6F-8EBD-C954C8EEF21B September 1, 2021 Dear Board of Zoning Appeals for the City of Milton, GA This letter is to affirm our support for David & Kitty Fortanbary’s variance request to reduce the front setback of their lot in Meadwood subdivision from 60 feet to 25ft. As a neighborhood resident and landowner, we are invested in seeing a level of consistency in homes and variances across the entire subdivision. Our subdivision is comprised of only three lots, including the Fortanbary’ s. The other two lots which we represent constitute the entire subdivision. Furthermore, the City of Milton has previously granted similar setback variance requests from us. Granting this variance request from the Fortanbary’s will allow for all three lots to be treated similarly and fairly. We have no problems or issues with this variance request being presented to you on September 21, 2021 by David and Kitty Fortanbary. They both are responsible property owners and neighbors we are looking forward to getting to know. Additionally, they too share our desire to make Meadowood a wonderful subdivision for our three homes. Thank you for your time and consideration, Fred Milani Ron Camp and Stella Dowling Fred Milani Ron Camp RON CAMP AND STELLA DOWLING From:Michele Gallagher To:Shubhangi Jangam Subject:Re: variance sign 790 Landrum Date:Tuesday, August 24, 2021 11:54:10 AM Attachments:image001.png CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Thank you again for taking my call. We have decided to move the building to the site yard. Having said that, we are withdrawing our request for the variance and DRB approval. Please let me know if there is further action required. Many thanks, Michele Gallagher Michele Gallagher Atlanta Fine Homes Sotheby's International Realty North Atlanta Office t 770.442.7300 c 678.910.4310 f 678.235.3051 e michele@atlantafinehomes.com Notice of confidentiality: This transmission contains information that may be confidential and that may also be proprietary; unless you are the intended recipient of this message (or otherwise authorized to receive it for the intended recipient), you may not copy, forward, or otherwise use it, or disclose the contents to anyone else. If you have received this transmission in error, please notify us immediately and delete it from your system. From: Shubhangi Jangam <shubhangi.jangam@cityofmiltonga.us> Sent: Tuesday, August 24, 2021 9:52 AM To: Michele Gallagher <michele@Atlantafinehomes.com> Subject: RE: variance sign 790 Landrum Email me that you would like to withdraw your application. Kind Regards, Shubhangi (Shubha) Jangam Senior Planner 2006 Heritage Walk Milton GA 30004 Phone 678 242 2539 www.cityofmiltonga.us From: Michele Gallagher <michele@Atlantafinehomes.com> Sent: Tuesday, August 24, 2021 9:45 AM To: Shubhangi Jangam <shubhangi.jangam@cityofmiltonga.us> Subject: Re: variance sign 790 Landrum CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good morning! We discussed at length yesterday. We will reposition the building to be on the side yard. Is there paperwork or a step that we need to take to withdraw from the Zoning/variance meeting? Do we still need to attend the DRB on September 7? Please let me know at your convenience. Many thanks, M Michele Gallagher Atlanta Fine Homes Sotheby's International Realty North Atlanta Office t 770.442.7300 c 678.910.4310 f 678.235.3051 e michele@atlantafinehomes.com Notice of confidentiality: This transmission contains information that may be confidential and that may also be proprietary; unless you are the intended recipient of this message (or otherwise authorized to receive it for the intended recipient), you may not copy, forward, or otherwise use it, or disclose the contents to anyone else. If you have received this transmission in error, please notify us immediately and delete it from your system.