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
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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
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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
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Prepared by the Community Development Department for the
Board of Zoning Appeals meeting on November 18th, 2008
3/17/2009 Page 10 of 15
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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
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ZONNG PLAN
, 1 , KNGSLEY ESTATES
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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
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Prepared by the Community Development Department for the
Board of Zoning Appeals meeting on November 181h, 2008
3/17/2009
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