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HomeMy WebLinkAboutBZA - 11-18-2008 - Petition Number(s) V08-031City of Milton PETITION NUMBER(S): V08-031 PROPERTY INFORMATION ADDRESS 16355 BIRMINGHAM HWY DISTRICT, LAND LOT 2/2, 266, 267 OVERLAY DISTRICT HIGHWAY 9 EXISTING ZONING AG -1 ACREAGE 20 acres EXISTING USE RESIDENTIAL FUTURE LAND USE AGRICULTURAL, FORESTRY, AND MINING DESIGNATION REQUESTED VARIANCE(S) 1) To eliminate the minimum 50' spacing for a new public or private street from any property line adjoining AG -1 and residential property. PETITIONER W. Curtis Mill, Jr. ADDRESS 16355 Birmingham Hwy. Milton, GA 30004 PHONE 404-449-8500 Prepared by the Community Development Department for the Board of Zoning Appeals meeting on November 18th, 2008 3/17/2009 Page 1 of 15 LOCATION MAP City of Milton C -E -C -R -G-: A V0S-031 SNn+el — S:cro3ma US I -A) 'ale RALN'' [axes FuWn co.lrfj P5rczls ® Sutlec _ Ite Liberty Grove Cty Lrnrs +, _ � 0 1 3 39C - Subject Site Milton - � Q. ,372 Ztr ~ J Prepared on W21,1203e L) EL ti 1 7- X at $� may'' Dartmouth Rd F�06. a qo — a a °ry �Iar R j a ' �f rr�1�hAm Rtl o' Prepared by the Community Development Department for the Board of Zoning Appeals meeting on November 181h, 2008 3/17/2009 Page 2 of 15 AERIAL VIEW n 4? - V1, 16376 'F 47 5425 ME WE 23(14 t Prepared by the Community Development Department for the Board of Zoning Appeals meeting on November 18th, 2008 3/17/2009 16355 Birmingham Hwy.. 2-77' - , -4ft - - Page 3 of 15 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: ANGELA RAMBEAU 678.242.2539 Background: The site, 16355 Birmingham Highway consists of one single family home on approximately 20 acres, zoned AG -1. The applicant, Curtis Mills, is proposing a new road to access approximately 6 acres at the rear of his property. This area is separated by the remainder of the property by a 60+ foot gorge, with 4 springs and seasonal streams running through it. Mr. Mills intends to build a home for a family member on this six acres. The new road will start at the end of an existing road in the Kingsley Estates subdivision, and end in a cul-de-sac on Mr. Mill's property. Staff notes that this phase of the Kingsley Estates has not been platted at this time. Chapter 14, Section 34.5.7 of the City Code states that a new public or private street must be 50 feet from any property line adjoining AG -1 or residential property. The proposed road would be within 10 feet of the adjoining AG -1 property. Mr. Mills states that engineers reviewed other road placement options, but the new road could not be shifted further North without losing a lot in Kingsley Estates. The applicant also contacted the owners of the adjoining property with offers to purchase or swap enough of the property to allow a full 50 foot setback spacing from the corner of the property. However, the property owners would only sell the entire 65+ acres, so this effort was unsuccessful. The property has road frontage on Birmingham Highway. Mr. Mills states that a driveway from Birmingham Highway would not have been practical due to the need for a bridge to span the gorge and streams. Also, the length of the road from Birmingham Highway would have been considerably longer than the extension of the road from Kingsley Estates, resulting in considerably more expense to Mr. Mills, and more disturbance to the land. Prepared by the Community Development Department for the Board of Zoning Appeals meeting on November 18th, 2008 3/17/2009 Page 4 of 15 ADDITIONAL DEPARTMENT COMMENTS The staff held a Focus Meeting on November 10, 2008 at which the following comments were provided: BUILDING PLAN REVIEW NO ISSUES STAFF CONTACT MELISSA HENDERSON 678.242.3292 SITE PLAN REVIEW Phase 2, Unit 1 of Kingsley Estates will STAFF CONTACT JIMMY SANDERS need to be platted before the 678.242.2543 applicant can use this road for a ROW connection. ARBORIST No specimen trees appear to be STAFF CONTACT MARK LAW affected by this request. 678.242.2552 DOT/STORMWATER REVIEW Applicant will be required to comply STAFF CONTACTJIM SEEBA with the Stormwater Ordinance 678.242.2559 detention . Prepared by the Community Development Department for the Board of Zoning Appeals meeting on November 181h, 2008 3/17/2009 Page 5 of 15 Standards for Consideration: The applicant has indicated a justification for all variances based on the following standard(s): 1. The application of the particular provision of the Zoning Resolution to a particular piece of property, due to extraordinary and exceptional conditions pertinent to that property because of its size, shape, or topography, would create a unnecessary hardship for the owner while causing no detriment to the public. The property, consisting of 20 acres is long and narrow. The back 6 acres is bisected from the rest of the property by a 60 foot wide gorge. A driveway from Birmingham Hwy would require extensive disturbance to the stream and buffer. The 2,000 foot driveway would also have considerably more expense than the one proposed from Kingsley Estates. The proposed road would affect only about .02 acres of the Mills' property, and traffic should be minimal, thereby causing no detriment to current or future property owners. Recommended conditions: Should the Board choose to approve the application, Staff recommends the following conditions(s): STAFF HAS NO CONDITIONS. ATTACHMENTS: Letter of appeal, legal description, site plans, and pictures. Prepared by the Community Development Department for the Board of Zoning Appeals meeting on November 18th, 2008 3/17/2009 Page 6 of 15 LETTER OF APPEAL William Curtis !iills..lr. � I63.55 Birmingham IlighwAy ►liltnn, Georgia .i0004 OctoN r - 2308 I'loard of Zoning Appeals [-its 111tiiillta- 130 0 Decrlichl Parkway - Building, 1(0 Witon. Ueorgta +4014 Dear Board Members: 1 TesnecrtidlV sidriltt this letter of nppcal fct 3 Zotting vwiancc, 1 sctk a rcductivn of tltc road settri. k -h,icirlL-fn>rn til' l0 1 i)' at tine nick tnnit:r of a(tiointng pmperty. flit imrp-jse .) •lie setback reduction :s to allow it -few Cd d- sac rxlen',iun from aJi_oining kiu�slcy I'�w,cs in order to provitic direct driveway access for a mw home for a thmiiy member. Illichasiq iilr my rrqtics I is `'haWship" related to topog ipity and terrain. -his virmtice rkxjue It stales to Ordinunce: Chupter 14. Article 34, Section c. Parugraph 7. 112sis for Antteal The basis for my appeal is "Consideration H" in ApIvildix A I to the Variance App it:atinn insmirtiom It ctatrc ^TIK• alytlicaLk?u of rhe particular itrovo ion of ilio Aiming lttsolu,iun to a particular piccu of property, due ti exuacordincry and exceptional conditious perlr fining w that pRiperly hncausc of its Rile, s'lape, or topography. would create an t.nno .e. -. %ry l:anll hip 1'ur ilii owner while caw-ittg nadelrirncni to the puhli::.- liackgrau ad My holm: re'.idtnce •nclude., 90 acroi .0 166 Flirminghaiii Higi-mony i he lot is Iona and narrow, with a distance of alrinoxiutately 2,000 iect to ilii bink of flit pioltrn y. The rear h acres of the property is bisected from the finnt 14 aces by a fr;l 1 foot gorge, rumting South 1 Nardi, with 4 springs and Fcwoml wrcamr, running through it 1 intend to consm►ct a hontc for a family me nber en fie rear of the property. 11tc rear of the properly adjoirm the King-41cy Fstates All hiivision. A King3ley Estates mad exists that ends approximately 50 feet front the relevant I•rolwrta line. Richard 'st'trnick. of Kingalc;; Finatcs, has ofi'ered anti agreed to allow exkmsiot_ of this road to uIcalu a urn cul de sac .rt Inr vide dimo void and driveway ac:cis to the re"r portion of my property so that we :an build the house. For the purylose., trr kat): -leen xilr phmning. tic back b acre pzrcel has tcen divided into lots. We intend to build on tmli ane ri["rhvw h9,; and have rat plana to constnivi lin or sell the .ether lots. Alternatives Comilder-ed and Attempted 1 t Driveway access from 13irntimaghan, Iii--ghway was eonsideted but would vequirr a x,000 Gaol driveway that would have to ;p.3n the gorge and water (see Hardship I.) scription belowl. Vas -031 Prepared by the Community Development Department for the Board of Zoning Appeals meeting on November 18th, 2008 3/17/2009 Page 7 of 15 LETTER OF APPEAL 2) Althou✓h enyinccrs rcvit•wc,i (slhcr -n:cl pl cx:mc:n1 aptinns, thr nc•aa raid a -mild not be .hilted further Mouth w••thout lo=sing the Kingsley Estates building lot thnsup, which it tuns as defined in this application. I) ' he o vncrs r f th a joining property were contacted with offers to pur:11a's : 01 -swap enough of ilio property ter allo=w a full cp lirttl sgtat:in} liYrtn lite priperl r corker. Thio, pruperly is li-r sale- in bulk (65 acii:;l urud a pautia) Mule ur :.ub ininikiction was not successlitl. Hardship Description i believe that the specific prnpertY trpogrnphw an. -.1 Int locrarion crente hfurdahil-a that necessitate access front the rear of ti -e pfopetty. Specifically. ) r l) Foot Gorge - Spanning approximately 301.1 linear feet from We t to hast, a .;urge tltnn M) fv.cl on the We -.4 side, mut rises over 70 fort cin lite h'j%: gide. it e ;urge nuns Smilh Icy Vnrlh. Al leacl 4 spumy;,, atul . a%oi ad rune tig w.itei exist -1wougttut.t this gorge_ zr Spanning this with a proper bridge for construction cgtlipn_cni and evertual naidetitiul access tu, the pmperty would he problcmutie and iinpmeticul. 1) A driveway t'rori Binringham Highway would run approximately ?.i)tH) feet versus approximately (H) or 151, feet incl.idiir g'he new road and cul de sac. a lir additiun to signilicaul expense. a 2,000 _bol driveway tc•uuld distt:rb and break-up othen,%ra r. unristurbed green space. No Detriment to Puhlie The setback reducticai would affect a property come - of approximately 9.021 f .- 100) aeres and it is the only prryicrty,affc:ctzd. [ iivcn the gntall property size affected and the fact that this is cornet. it is urlikely Iilet the current At rutin owners would he affected. Since the moot extension would he a cul de sac ha a %mall piece of land. traffic wrnily he minimal, and no more Viii would exist ira driveway ct t fiiim 13irntirighant I lighway. In fact, the hest location foot, a bridge tocress -he gorge - could be ditt?t:fly i'e.Ct ta_, and rnratigg parallel with the. -;am;: piece of priTvrty fir and exitntIe i tlt�'i inc'c. A,; uatcd above, after much considerHhOn of r,lternate solutions, l believe this to be the inert,': prvtilic.41 and lc.ist imp:feting %vny In rc:ccse this land siert:nnstnucticm and n- idimm.. 'l hank you for yrwr consickralion Sincrre'iv. W. Curtis Milk. Jr. Prepared by the Community Development Department for the Board of Zoning Appeals meeting on November 180,, 2008 3/17/2009 Page 8 of 15 LEGAL DESCRIPTION I P.t1AI DrsC RIPTION All [hat tract or panel or land lying; and being in Land Lots 261 and 257 of the 2"` District. 2"t Section. Fulton County, Georgia, Cin of A•lihon and lacing inorc particularly described as rollo:+•s: BEGINNING at an iron pin f(rund at the norliwest corner of Land Lot 266. ,.aid corner being conin-inn w'.th Land I ots 1 iN. 234. 266 and 267; thence, south xU degrees 4x nunkites 36 second -z rail along (Ile riled h line a i and 1.c►I 1tt6. ii (Irsl►mix of 391.21 feel .o ►.n iron pin found, ltience. south 01 degrees 43 minute., 17 seconds -west a d6tance of 5(H).33 leel to in iron pill futon: tlknce, north �9 degrees 13 tn_nutes 38 3econcs west, along the north line of Ileniricks propety, a disran" of 375.82 feel to an iron Inn sel; Ihvnce, north 1 I dtgrms 36 minutes 39 seconds wcsl a distance of 77.91) leel to an iron pin -cl; (hence, north 25 deLrces 26 ntin-ates 50 seconds east a distancc of 6-2.98 tcet to a.i irott pm act; tllct_ce. northerly along t1 t'.a►tcrline of s stresm the followirrr, tou-ser and rlistnnccs; north 26 degrees 41 mtnuics ti9 seconds west a (hstancc of 67.11 feet. north 08 degrees 40 trunu.eti 24 suvonds east a distance of 88.91 feet, north 34 degrees 52 minutes 14 seconds east a distance of 26.14 feet, north 23 degas-cs 29 minutes (lU seconds Cast a distance of 35.44 feet, North 04 degrees 46 minutes 07 scecinds, cast a di.st►rnc' of 36.20 lout, north 05 del rvc:s 04 mnu.cs 05 seconds ea. -A a di -stance of 35.08 leel, north 02. degrees 58 mintrtes 19 seconds west a distance of 31.13 Ira, north 34 degrees 28 minutes 21 SCCAMUN CH%1 ►t dl-,IHtWt' :►r 16. 40 fcv.t. north ON def!rt -, 11 minnle." i9-weentle va%l a Hiatt►►nor. of 15.66 1Lc•t, north QR degmzs II m'nu:x% 0:3 seconds weNt u di.+lane of 15.60 rcCt f'J a pulnt local d on the no.-th line of Umd Lot 207; thence. south 89 dcgrres 04 minutes 02 seconds cast. along said north line of land Lat 267, a distancc of 11.4,48 feet to an iron pin found at the northwest correr of Lari l Lot .166 and the POINT OF BECi1NNINC i Said Tract cnntni ing 6,5617 ner'cs in area as shown on S irvcy for (.and Sellinktn.3, Inc.. dated Maltih _'. 2007, preprretl liv IWe,,Long 8t As%ociate,. VOS-031 Prepared by the Community Development Department for the Board of Zoning Appeals meeting on November l81h, 2008 3/17/2009 Page 9 of 15 PROPOSED SITE PLAN (POSSIBLE FUTURE SUBDIVISION) Prepared by the Community Development Department for the Board of Zoning Appeals meeting on November 18th, 2008 3/17/2009 Page 10 of 15 t' s_ r jig. Atli J i x m 0 S J SIL -I d t •��__ r z> � z� Prepared by the Community Development Department for the Board of Zoning Appeals meeting on November 18th, 2008 3/17/2009 Page 10 of 15 t' s_ r r• x J i x m 0 S J s <u Prepared by the Community Development Department for the Board of Zoning Appeals meeting on November 18th, 2008 3/17/2009 Page 10 of 15 KINGSLEY ESTATE SITE PLAN & LOCATION OF MILLS' PROPERTY t}tJ E 6 7006 rxrre sx;�r EffrAWS n A _ Pam= MMMAW rir Nsp K ti It�aL un M Lam ROW 2 fwn"Waft w¢ ho nn wia VPM iv YM 1fil fummum wv{MlMwY►rM Wrlfa Q Me •� bio- .rb{�� � -j _'f* u , ��ii -+ �/� '�f .�/ ' sY� , sJ ZONNG PLAN , 1 , KNGSLEY ESTATES r111 Prepared by the Community Development Department for the Board of Zoning Appeals meeting on November 18th, 2008 3/17/2009 Page 11 of 15 PICTURES Prepared by the Community Development Department for the Board of Zoning Appeals meeting on November 18th, 2008 3/17/2009 Page 12 of 15 `- f- .. r •rte � _ ,, � Jt �, r , � x f ' ' 1.0/29/2008 No Text Prepared by the Community Development Department for the Board of Zoning Appeals meeting on November 181h, 2008 3/17/2009 Page 15 of 15