Zoning Board of Appeals

ZONING BOARD OF APPEALS AGENDA August 20, 2014 7:00 PM CITY HALL A. Roll Call B. Approval of Minutes: June 18, 2014 C. Old Business: (Deferred from 6/18/14) 1. V2014-002 Request Variances to Zoning Code Sec. 1401, Minimum Yard Requirements, for property located at 3800 Meadow Green Court, Peachtree Corners, GA., as follows: a. Request approval for permanent tent encroachment into 25 foot corner front yard. b. Request approval for additional pavement to expand driveway. D. New Business: (None) E. City Business Items: (None) F. Comments by Board Members. G. Adjournment.  DRAFT COPY CITY OF PEACHTREE CORNERS ZONING BOARD OF APPEALS June 18, 2014 The City of Peachtree Corners held a meeting on Wednesday, June 18, 2014 at 7:00pm. The meeting was held at City Hall, 147 Technology Parkway, Suite 200, Peachtree Corners, GA, 30092. The following were in attendance: Zoning Board of Appeals: Wayne Knox, Post B Marcia Brandes, Post A - absent Amreeta Regmi, Post C Eric Christ, Post D James Blum, Post E Staff: Diana Wheeler, Com. Dev. Director Kym Chereck, City Clerk MINUTES: Approval of April 14, 2013 Minutes. MOTION TO APPROVE THE JULY 17, 2013 MINUTES. By: Eric Christ Seconded: Amreeta Regmi Vote: (4-0) (Christ, Regmi, Knox, Blum) NEW BUSINESS: 1. V2014-001 Request Variances to Section 1315.1.1 Overlay District, 5.A Architectural Design, for Marco’s Pizza located at 5270 Peachtree Parkway, Suite 106, Peachtree Corners, GA., as follows: a. Request approval for a permanent tent made of an alternate material. b. Request approval for the semi-annual use (September- March) of an alternate material tent enclosure. c. Request approval for the use of the color red as the primary color for the tent enclosure. Diana Wheeler, Community Development Director, presented the case to the Board. Mrs. Wheeler provided background information regarding the applicant’s request. The applicant is requesting a variance to allow a permanent year-round tent including a plastic weather-protection enclosure from September to March for an existing pizza restaurant within a retail shopping center. The shopping center where the applicant is located was constructed in 1987 and several of the tenants in the plaza have awnings that Page | 1  DRAFT COPY were erected prior to the incorporation of the City. The existing awnings are all supported by the building’s exterior wall and most are either brick red or dark green in color, which is required by the overlay standards. The applicant (Marcos Pizza) received their initial business license on April 15, 2013 and a few months later installed a bright red canvas overhang with support poles over an outdoor patio area next to their entranceway. When the weather became too cold for open, outdoor seating, a red plastic weather screen was attached to the structure. (Photographs of the structure were presented to the Board.) No permits were obtained for the structure (tent); therefore, the City of Peachtree Corners Code Enforcement issued a citation on January 17, 2014 to Gabriela V. Billings (the applicant) for building without a permit. Ms. Billings was found guilty at the February 6, 2014 court hearing and the fine was applied to her variance application fee. No variance application was made and Ms. Billings again appeared in court on May 8, 2014. The case was dismissed on the condition that the variance application would be submitted the next day. The application was submitted the next day. The applicant is in violation of the following codes: City Code; Chapter 1315.1.1 Overlay District – 5.A Architectural Design. (2) Contrasting accent colors of any wall, awning or other feature (other than dark green or brick red) shall be limited to no more than 15% of the total area for any single façade. (8) Any accessories provided such as railing, benches, trash receptacles and /or bicycle racks shall complement the building design and style. After review, staff could find nothing specific to this tenant’s location or circumstances that would support a variance. The applicant, Ms. Gabriela V. Billings explained to the Board that she was not aware that she needed a permit for the awning and structure. Ms. Billings stated that her hardship was financial as she paid $7,500.00 for the awning, and also, without the structure she would not be able to accommodate additional seating during the winter months. Chairman Knox asked for public comment concerning this application. There was no public comment. Chairman Knox closed the public comment portion of the meeting and asked the Board for a motion. After further discussion, the Board took the following action: MOTION ON V2014-001 BASED ON A THOROUGH REVIEW OF THE ENTIRE RECORD AND THE HEARING BEFORE THIS BODY, I MOVE THAT THE ZONING BOARD OF APPEALS MAKE THE FOLLOWING FINDING AND CONCLUSIONS AND DENY THE APPLICATION BEFORE IT; THERE ARE NO EXTRAORDINARY OR EXCEPTIONAL CONDITIONS PERTAINING TO THIS PARTICULAR PROPERTY; AND THE CONDITION OF THE PROPERTY ITSELF IS THE RESULT OF THE ACTIONS OF THE Page | 2  DRAFT COPY PROPERTY OWNER; AND THERFORE MOVE THAT THE VARIANCE BE DENIED. By: Eric Christ Seconded: James Blum Vote: (4-0) (Christ, Blum, Knox, Regmi) Board Member James Blum recused himself from the next application. 2. V2014-002 Request Variances to Zoning Code Sec. Section 1401Minimum Yard Requirements, for property located at 3800 Meadow Green Court, Peachtree Corners, GA., as follows: a. Request approval for permanent tent encroachment into 25 foot corner front yard. b. Request approval for additional pavement to expand driveway and add parking space. Diana Wheeler, Community Development Director, presented the case to the Board. Mrs. Wheeler provided background information regarding the applicant’s request. The applicant is requesting a variance to allow an existing permanent 12’ x 17’ tent to remain which encroaches 12’ into the front yard set-back. Additionally, the applicant requests a driveway extension of 12’ x 27’. Photographs depicting the existing tent were presented to the Board. The tent structure requires approval from the City, which the applicant did not apply for. The applicant stated in a letter dated May 14, 2014, “both the awning and concrete lying underneath the awning will serve to protect the crawl space against rain pooling near the residence and prevent the water from entering the crawl space area.” The property owner has attempted to solve a water infiltration issue by placing the tent over the air conditioning units, depicting that the tent has a functional use, and was not intended as an amenity. The water infiltration problem creates a hardship for the property owner. Construction of the driveway would result in additional impervious area on the property; however, this would not set a precedent since many other neighborhood properties exceed the code prescribed maximum. The applicant, Mr Yury Abramov, presented his case. Mr. Abramov informed the Board that he has a water issue due to Gwinnett County resurfacing the road located above him. Mr. Abramov stated that he called a water proofing company to handle the situation and was informed by them that a solution to his problem would be to install a tent over his air conditioning units and to extend the concrete under his tent. Mr. Abramov stated that he constructed the tent and would like to extend the concrete around his air conditioning units to the size of 12’ x 27’. Mr. Abramov stated that he does have a French drain and has encapsulated his crawl space. Chairman Knox opened the floor to anyone wanting to speak in opposition of this application. Katherine Hadden of 3824 Meadow Green Court, Peachtree Corners, informed the Board that she is opposed to the existing canopy and the Page | 3  DRAFT COPY proposed driveway widening. Among other things, Ms. Hadden is concerned that the area under the canopy will be used for outdoor storage. Terrell Carstens of 2444 Oostanaula Drive, Atlanta, informed the Board that the property in question has always had water problems. The air conditioning units are not leveled properly and there is a grading issue. Ms. Terrell stated that this is a hardship the applicant has created himself, and that the water problems can be controlled in other ways besides a tent and additional concrete. Pat Mellett of 3839 Meadow Creek Drive, Peachtree Corners, informed the Board that everyone in the subdivision has had water issues of some sort or another and have handled them via proper drainage, such as water spouts, French drains, etc. Ms. Mellett stated that she is against the tent structure and additional concrete. A motion was made after discussion concerning having the applicant come back before the Board when he has provided the necessary information to present a case. MOTION TO TABLE V2014-002 UNTIL SUCH TIME AS IT IS BROUGHT BACK BEFORE THE BOARD. By: Eric Christ Seconded: Amreeta Regmi Vote: (3-0-1) (Christ, Regmi, Knox) (Blum recused) The Zoning Board of Appeals meeting concluded at 8:57 PM. Approved, Attest: _________________________ _______________________________ Wayne Knox, Chairman Kym Chereck, City Clerk Page | 4  City of Peachtree Corners Zoning Board of Appeals August 20, 2014 CASE NUMBER: V2014-002 PROPERTY LOCATION: 3800 Meadow Green Court 6th District, Land Lot 305D, Parcel 031 CURRENT ZONING: R-ZT PARCEL SIZE: 0.14 acres PROPERTY OWNER: Yury Abramov APPLICANT: Yury Abramov – 404-429-4102 UPDATE This application was Tabled at the June 18th meeting in order to provide the applicant with the opportunity to investigate alternate drainage remediation options, as well as the possibility of reducing the size of the existing tent and reducing or eliminating the need for more pavement. Since the last ZBA meeting, the applicant has contacted three contractors: Echota Home Inspections; Central Heating and Air Conditioning; and JDS Renovations. All three contractors provided letters (see attached) explaining remediation measures for water infiltration and all three support the applicant’s proposed solution. In order to address neighbor concerns that the addition of a concrete slab under the tent would create a driveway extension and become a carport, the applicant proposes to install a bench (see attached picture) at the end of the existing driveway. The bench would serve as a physical barrier that would prevent cars and motorcycles from traveling up the driveway and parking underneath the tent. REQUEST The applicant requests a variance to allow an existing permanent 12’ x 17' tent to remain which encroaches 12’ into the front yard set-back. Additionally, the applicant requests a driveway extension of 12’ x 27’. LOCATION AND BACKGROUND The property is located in the Meadow Green townhouse subdivision on the west corner of Meadow Green Court and Meadow Rue Drive. The townhouse faces Meadow Green Court. The 1,152 square foot townhouse was constructed in 1992. 900 sq. ft. (26.8%) of the total lot surface is impervious. The tent encroaches 12’ into the required 25’ setback of Meadow Rue Drive. There is an additional 10’ x 27’ pad that has been constructed next to the original driveway. An extension of 12’ x 27’ which is proposed to be adjacent to the townhouse and lying substantially underneath the tent is also requested. On May 2, 2014 Code Enforcement received a complaint about a tent existing at this location. On the same day a code enforcement officer visited the site and documented the tent and driveway with photographs. The officer advised the applicant that he would need to apply for a variance for the tent encroachment and prior to installing the driveway extension. No citation was issued. As stated in the applicant’s letter of May 14, 2014, the tent was constructed prior to receiving approval from the City. The applicant has further stated that “both the awning and the concrete lying underneath the awning will serve to protect the crawl space against rain pooling near the residence and prevent the water from entering the crawl space area”. Driveways are not shown on the approved final plat however the current zoning code states that the maximum lot coverage is 45%. Most of the lots in this subdivision far exceed this 45% limit. The front yard along Meadow Rue Drive is under 45% and should remain under 45% even after the requested extension, (if approved), is constructed. It should also be noted that a maximum of 6 parking spaces are allowed on each residential lot; however, even with the paving extension, fewer than 6 spaces would be accommodate on this property. APPLICABLE CODE SECTIONS ARTICLE III. DEFINITIONS Yard, Front. An open, unoccupied space on the same lot with a principal building or use, extending the full width of the lot and located between the street line and the front line of the building projected parallel to the street to the side lines of the lot. Corner lots shall be considered to have two front yards. Section 1001. Plan and Design Standards for Off-Street Parking. The following are required plan and design standards for off-street parking. 1. Required area for each parking space. a. Each automobile space shall be 9 feet wide and 18 feet deep as measured from face-of-curb, or 9.5 feet wide and 18.5 feet deep as measured from back-of-curb. 5. Location and Surface of Parking Areas Maximum allowable paved parking or hard surface area in front yards. (Excluding walkways and required sidewalks): A. R-ZT District – Not more than 45% Section 1002. Number of off-street parking spaces required. Residences (townhomes): 3 per dwelling minimum - 6 per dwelling maximum Section 1902.1. All R-ZT Amendments to be Conditional Zoning Amendments. All R-ZT Single Family Residence Zero Lot Line/Townhouse amendments to the Official Zoning Map shall be conditional amendments. In addition to any other conditions that may be imposed by the City Council pursuant to the provisions for conditional zoning in this 2012 Zoning Resolution, a Concept Plan showing the approximate location of all buildings, walls, fences, property lines, landscaping, parking areas and uses and any other features deemed appropriate by the City Council as a result of the above concept plan review and public hearing, shall be included as part of the amendment, and the use of the property for its zoned purposes shall be conditioned on said concept plan. SEE EXCERPT OF THE FINAL SUBDIVISION PLAT FOR 25’ SETBACK. VARIANCE REQUIREMENTS Sec. 1605.3 identifies specific findings that must be made in order for a variance to be granted. These findings are as follows: A. There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography, and B. the application of the Resolution to this particular piece of property would create an unnecessary hardship, and C. such conditions are peculiar to the particular piece of property involved, and D. such conditions are not the result of any actions of the property owner, and E. relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this Resolution. CONCLUSION The property owner has attempted to solve a water infiltration issue at his home through the use of mechanisms that will divert and obstruct the water. Although the tent was installed without a permit, its location over air conditioning units shows its functional purpose. The applicant indicates that the tent was not intended as an amenity, but was installed out of necessity. The water infiltration problem creates a hardship for the property owner which, if left unaddressed, could diminish the value of this home and, ultimately, have a detrimental impact on surrounding property values. If approved, the following is recommended: 1. The approved variance applies to this specific size, site, material and color of tent/enclosure only. 2. No additional accessory uses are permitted in this yard. 3. Maintenance of the tent by the owner shall comply with the Property Maintenance Ordinance. 4. The property owner shall apply for a permit for the tent and submit all necessary information. 5. A bench shall be installed where the existing driveway and new pavement abut. 6. The concrete slab under the tent may not be used for parking or storage of any kind. If denied, the following is recommended: 1. The tent/enclosure shall be removed within 14 days of the action by the Zoning Board of Appeals. Aerial Map  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT 147 Technology Parkway, Suite 200, Peachtree Corners, GA 30092 Tel: 678.691.1200 | www.cityofpeachtreecornersga.com PUBLIC HEARING 3800 Meadow Green Court CASE NUMBER: V2014-002 ZONING BOARD OF APPEALS HEARING DATE: JUNE 18, 2014 PROPERTY ADDRESS: 3800 MEADOW GREEN COURT 6305D031