HomeMy WebLinkAboutAgenda Packet - BoZA - 10/19/2021
AGENDA
BOARD OF ZONING APPEALS
October 19, 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 September meeting minutes
6. Consideration of Primary Variances
a. V21-22, 2640 Bethany Creek Court
Request(s):
• To allow existing house to encroach 8 feet into rear setback
(Section 64-416(d)).
b. V21-23, 13705 Brittle Road
Request(s):
• To allow the barn to be built less than 100 feet from the property line
(Section 64-416(4)(a).
• To allow an existing accessory building to remain in rear building
setback (Section 64-416(d)).
c. V21-24, 355 Gunston Hall Circle
Request(s):
• To allow reduction of side yard setback from 25 feet to 12 feet, 6
inches (Section 64-416(c)(1)).
7. Consideration of Appeals/Secondary Variances
8. Old business
9. New business
10. Adjournment
ACTION REPORT
BOARD OF ZONING APPEALS
September 21, 2021
6:00pm
CITY COUNCIL CHAMBERS
1. Call to order
2. Roll call
Present: Todd Chernik, Hodge Patel, Brenda Hamstead, Stephanie Butler,
Kim Keller, Jason Cole, and Don Curt
3. Pledge of Allegiance
4. Approval/Amendment of Agenda
Motion to Approve: Todd Chernik
2nd: Brenda Hamstead
Vote: 7/0 (Approved)
5. Approval of August meeting minutes
Motion to Approve: Todd Chernik
2nd: Don Curt
Vote: 4/0 (Approved)
Stay: 3
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)).
Motion to Approve per plan received on July 19, 2021: Stephanie Butler
2nd: Todd Chernik
Vote: 7/0 (Approved)
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)).
Motion to Approve per plan received on August 4, 2021, and as noted
on the plan that garage is at 25 feet from front property line and
nearest corner of the residence is at 40 feet from the front property
line: Todd Chernik
2nd: Jason Cole
Vote: 7/0 (Approved)
c. V21-21, 790 Landrum Road (withdrawn)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)).
Motion to accept the Withdrawal: Todd Chernik
2nd: Brenda Hamstead
Vote: 7/0 (Withdrawn)
7. Consideration of Appeals/Secondary Variances
None
8. Old business
None
9. New business
Motion to request a letter of explanation for removal of staff
response section from staff report
2nd: none
Vote: motion died no vote casted
10. Adjournment
Motion to Adjourn: Brenda Hamstead
2nd: Jason Cole
Vote: 7/0 (Approved)
Page 1 of 8
V21-22 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
PETITION NUMBER: V21-22
PROPERTY INFORMATION 2640 Bethany Creek Court
DISTRICT, LAND LOT 2/ 821, 892
OVERLAY DISTRICT Rural Milton
EXISTING ZONING AG-1
ACRES 1.03
EXISTING USE Residential
FUTURE LAND USE DESIGNATION Agricultural, Equestrian, Estate Residential
REQUESTED VARIANCE:
• To allow existing house to encroach 8 feet into rear setback (Section 64-416(d)).
PETITIONER/OWNER Sanjay Serrao and Cheryl Serrao
ADDRESS 2640 Bethany Creek Court
Milton, GA 30004
REPRESENTATIVE Sanjay Serrao and Cheryl Serrao
ADDRESS 2640 Bethany Creek Court
Milton, GA 30004
Page 2 of 8
V21-22 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Page 3 of 8
V21-22 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
COMMUNITY DEVELOPMENT STAFF ANALYSIS
STAFF CONTACT: Shubha Jangam
678.242.2539
Background:
The site is a 1.03 -acre lot on the east side of Bethany Creek Court in Bethany Oaks
Subdivision. The property is zoned AG-1 and is located in the Rural Milton Overlay District.
Per Section 64-416(d), the City requires a 50-foot rear setback. The plat for this subdivision was
approved in 1995 and shows a 50-foot rear setback for this property (Exhibit A).
Exhibit B is showing the site survey submitted on August 25, 2021. It shows the house 42 feet 7
inches from the west property line that equals to 7 feet 5 feet of encroachment. The
applicant is requesting this variance to bring the existing house in compliance with the
current Zoning Ordinance. No new modification or permit is requested by the applicant at
this time. Exhibit C is showing the pictures of the house.
DESIGN REVIEW BOARD (DRB) COURTESY REVIEW:
On October 5, 2021, the DRB met and had the following comments:
• DRB recommends approval of the variance.
Page 4 of 8
V21-22 - Prepared for the Board of Zoning Appeals Meeting on October 19, 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
V21-22 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Page 6 of 8
V21-22 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Exhibit A (Plat)
Page 7 of 8
V21-22 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Exhibit B
Page 8 of 8
V21-22 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Exhibit C (Site Pictures)
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Page 1 of 11
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
PETITION NUMBER: V21-23
PROPERTY INFORMATION 13705 Brittle Road
DISTRICT, LAND LOT 2/ 547
OVERLAY DISTRICT Rural Milton
EXISTING ZONING AG-1
ACRES 6.386
EXISTING USE Residential
FUTURE LAND USE DESIGNATION Agricultural, Equestrian, Estate Residential
REQUESTED VARIANCE:
• To allow the barn to be built less than 100 feet from the property line (Section 64-
416(4)(a).
• To allow an existing accessory building to remain in rear building setback
(Section 64-416(d)).
PETITIONER/OWNER Neil and Liza Shillingford
ADDRESS 13705 Brittle Road
Milton, GA 30004
REPRESENTATIVE Brumbelow–Reese and Associates, Inc. (Scott Reece)
ADDRESS 13685 Highway 9 N
Milton, GA 30004
Page 2 of 11
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Page 3 of 11
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
COMMUNITY DEVELOPMENT STAFF ANALYSIS
STAFF CONTACT: Shubha Jangam
678.242.2539
Background:
The site is a 6.386-acre lot on the east side of Brittle Road in Summit View Farms Subdivision.
The property is zoned AG-1 and is located in the Rural Milton Overlay District.
Per Section 64-416(4)(a), the City requires a new barn to be 100 feet from all property lines.
Per Section 64-416(i) the accessory structures can be in the side or rear but shall not be
located within a minimum yard.
The property currently has a house, a pool, a storage shed, and a driveway that goes up to
the rear of the house. This is where a new barn is proposed measuring 42 feet by 42 feet.
Exhibit A shows the location of the proposed barn and an accessory structure in the rear. The
proposed barn in more than 100 feet from north, east, and west property line. However, it is
57.39 feet away from the south property line. Therefore, the part one of the variances is
requested. Exhibit B is showing the site view with the existing tree buffer around the proposed
barn. The details of the new barn are shown in Exhibit C. The existing wood accessory
building (storage shed) near the east property line is 28.31 feet from the rear property line.
The minimum rear setback required is 50 feet for this property. Therefore, part two of the
variances is requested.
DESIGN REVIEW BOARD (DRB) COURTESY REVIEW:
On October 5, 2021, the DRB met and had the following comments:
• DRB recommends approval of the variance.
Page 4 of 11
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 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:
• Staff recommends that the architecture of proposed barn to be approved by the
Community Development Director.
Page 5 of 11
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Letter of Appeal
Page 6 of 11
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Page 7 of 11
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Exhibit A (Site Plan)
Page 8 of 11
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Exhibit B (Proposed Barn Location)
Page 9 of 11
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Exhibit C (Proposed Barn Elevations and Sections)
Page 10 of 11
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Exhibit C continued (Proposed Barn plan)
Page 11 of 11
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Exhibit D (Existing accessory structure in the rear)
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
Page 1 of 10
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
PETITION NUMBER: V21-24
PROPERTY INFORMATION 355 Gunston Hall Circle
DISTRICT, LAND LOT 2/ 927
OVERLAY DISTRICT Rural Milton
EXISTING ZONING AG-1
ACRES 1.05
EXISTING USE Residential
FUTURE LAND USE DESIGNATION Agricultural, Equestrian, Estate Residential
REQUESTED VARIANCE:
• To allow reduction of side yard setback from 25 feet to 12 feet, 6 inches (Section
64-416(c)(1)).
PETITIONER/OWNER Steven L. Griffith
ADDRESS 355 Gunston Hall Circle
Milton, GA 30004
REPRESENTATIVE Steven L. Griffith
ADDRESS 355 Gunston Hall Circle
Milton, GA 30004
Page 2 of 10
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Page 3 of 10
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
COMMUNITY DEVELOPMENT STAFF ANALYSIS
STAFF CONTACT: Shubha Jangam
678.242.2539
Background:
The site is a 1.05-acre lot on the south side of Gunston Hall Circle in Providence Lake
Subdivision. The property is zoned AG-1 and is located in the Rural Milton Overlay District.
Section 64-416(c)(1)) requires a minimum 25-foot side setback. The applicant wants to add a
garage on the west side of the property, and it is encroaching into the side setback by 12
feet, 6 inches.
Exhibit A shows the site and the location of existing house as well as proposed garage. It can
be seen that the new garage is adjacent to the existing driveway. The size of the proposed
addition is 16 feet by 20 feet. The nearest corner of the proposed building to the west
property line is 12 feet, 6 inches away. The new garage is proposed to have matching
building material as of existing garage. Exhibit B is showing the floor plan and elevations of
the new addition and Exhibit C is showing the site pictures.
DESIGN REVIEW BOARD (DRB) COURTESY REVIEW:
On October 5, 2021, the DRB met and had the following comments:
• DRB recommends approval of the variance.
Page 4 of 10
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 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:
• Staff recommends that the architecture of the addition to be approved by the
Community Development Director.
Page 5 of 10
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Letter of Appeal
Page 6 of 10
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Exhibit A (Site Plan)
Page 7 of 10
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Exhibit B (Plan and Elevation of proposed garage)
Page 8 of 10
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Exhibit B continued (Plan and Elevation of proposed garage)
Page 9 of 10
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Exhibit C (Pictures of the property)
Page 10 of 10
V21-23 - Prepared for the Board of Zoning Appeals Meeting on October 19, 2021
Exhibit C (Pictures of the property)
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UNIT THE LOCAL DRAINAGE DEPARTMENT, CORPS OF ENGINEERS, AND INSURANCE
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'- BLOCK AREA. A SECOND OPINION OR COMPREHENSIVE FLOOD EVALUATION STUDY IS
UNIT TWO SUGGESTED FOR MORE ACCURATE INFORMATION. FOR FURTHER INFORMATION CON -
UNIT THE LOCAL DRAINAGE DEPARTMENT, CORPS OF ENGINEERS, AND INSURANCE
�y SUB. PeOVIDEAJCE LAKE COMPANY OR AN APPRAISER.
I HAVE, THIS DATE, EXAMINED THE 'FIA OFFICIAL FLOOD HAZARD MAP' AND THE
REFERENCED PARCEL DOES NOT APPEAR TO BE IN AN AREA HAVING SPECIAL
FLOOD HAZARDS.
IAL C12CLE 44'0/,,,
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SCALE t"— W' This map or plat has been calculated
0 ZS 50 loo forciosureandisfoundtobeaccurate
within one foot in �25'� / 3G feet REFERENCE: (? S. 10 r FIS. 65
GRAPHIC SCALE IN FEETJQUIPMENT USED: TOPCON TOTAL STATION
THIS PLAT WAS PREPAREDTO SHOW THEAPPROXIMATE LOCATION OF THE IMPROVEMENTS AND IS NOT RECORDABLE FENCES
SHOULD NOT BE PLACED USING SIDE DIMENSIONS FROM HOUSE ALL MATTERS OF TITLE ARE EXCEPTED. THIS PLAT IS SUBJECT
TO ALL LEGAL EASEMENTS AND RIGHTS -OF -WAYS, PUBUC OR PRIVA L G REG. LAND SURVEYOR NO. 9709
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ACWORTH, GA 30101
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August 4, 2021
To: Milton Review Board
Providence Lake Homeowners Association
From: Jay &Janette walsh
345 Gunston Hall Circle
Milton GA 30004
Re: ADDroval of set back variance for garage addition -355 Gunston Hall Circle
To whom it may concern:
Mr. Griffith has reviewed the architectural and site plans for his proposed garage addition to his
existing garage at 355 Gunston Hall Circle. The plans involve:
• The addition ofa l6footwide addition tothe existinggaragethatwill be
constructed in the same style and paint color as the existing structure, including
stacked stone at the base to match the existing garage and house.
• We understandthatthe plan will notexceed 50% of the 25 ft required set back,
leaving a 12 ` 6" setback to the property line.
• Mr. Griffith planstoadd privacy landscaping betweenthe newaddition and his
property line further improving the property.
We approve his proposed plan, application for setback variance and believe this addition will be
consistent with improving property values in the Providence Lake Subdivision
Milton GA 30004
August 4, 2021
To: Milton Review Board
Providence Lake Homeowners Association
From: Stan & Cary Beck
390 Gunston Hall Circle
Milton GA 30004
Re: ADDroval of set-back variance for garage addition -355 Gunston Hall Circle
To whom it may concern:
Mr. Griffith has reviewed the architectural and site plans for his proposed garage addition to his
existing garage at 355 Gunston Hall Circle. The plans involve:
• The addition ofa l6footwide addition tothe existinggaragethatwill be
constructed in the same style and paint color as the existing structure, including
stacked stone at the base to match the existing garage and house.
• We understand thatthe plan will notexceed 50% of the 25 ft required set back,
leaving a 12 ` 6" setback to the property line.
• Mr. Griffith planstoadd privacy landscaping betweenthe new addition and his
property line further improving the property.
We approve his proposed plan, application for setback variance and believe this addition will be
consistent with improving property values in the Providence Lake Subdivision
Regards,
Stan Beck
Cary Beck
390 Gunston Hall Circle
Milton GA 30004