Zoning Board of Appeals

ZONING BOARD OF APPEALS AGENDA JANUARY 20,2016 7:00 PM CITY HALL A. Roll Call B. Approval of Minutes: October 21, 2015 C. Old Business: (None) D. New Business: V2015-011 4984 Williamsport Drive. Request Variance to Zoning Code Article X, Off-Street Parking, Section 1001-5(b), for property located at 4984 Williamsport Drive , Peachtree Corners, Ga., 6th Dist., LL318, in order to park a recreational vehicle in the side yard instead of the required rear yard. E. City Business Items: 1. Congratulations to Marcia Brandes and Wayne Knox on their reappointment to the ZBA. 2. Election of Chairman and Vice-Chairman F. Comments by Board Members. G. Adjournment.  DRAFT CITY OF PEACHTREE CORNERS ZONING BOARD OF APPEALS October 21, 2015 The City of Peachtree Corners held a Zoning Board of Appeals meeting. 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 Amreeta Regmi, Post C Eric Christ, Post D James Blum, Post E Staff: Diana Wheeler, Com. Dev. Director Jennifer Davis, Deputy City Clerk Jennifer Howard, Volunteers Coordinator MINUTES: Approval of August 19, 2015 Minutes. MOTION TO APPROVE THE AUGUST 19, 2015 MINUTES WITH TWO AMENDMENTS. BOTH AMENDMENTS ARE ON PAGE 2 ARE AS FOLLOWS: CORRECTION FROM SOLE TO SOLELY AND REMOVE DUPLICATE SENTENCE “AND WOULD EXPIRE UPON PROPERTY TRANSFER.” By: Eric Christ Seconded: Marcia Brandes Vote: (5-0) (Christ, Brandes, Knox, Blum, Regmi) NEW BUSINESS: 1. V2015-008 Cindy Wright Request a Variance to Zoning Code Article XIV, Minimum Area, Yard and Height Requirements, Section 1401, for property located at 4549 Holstein Hill Dr., Peachtree Corners, Ga., 6th Dist., LL330, Parcel 059, to allow a rear setback of 25’-4” in lieu of the required 40’-0” setback in order to construct a screened porch addition to the rear of an existing home. Diana Wheeler, Community Development Director, provided background information regarding the applicant’s request. The applicant’s property is located in the Neely Farm Subdivision off Spalding Drive. The applicant requests a variance in order to allow the construction of a screened porch addition to be located 25’-4” from the rear property line instead of the required 40’-0”. She would like to enclose a portion of the newly installed stone patio Page | 1  DRAFT with a 15 ft. x 20 ft. wood frame and screen structure. The shallowness of the lot makes the rear yard virtually unbuildable without a variance. The area behind the home is already in use as a patio, so the construction of an enclosure would not increase the intensity of the property’s use or extend activity closer to the property line. Adjoining neighbors located behind and on either side of the applicant’s property support the variance request. In addition, the neighborhood Homeowners’ Association has approved the applicant’s construction plans. Zoning regulations restrict the locations of structures on property and the enclosure of the site’s patio area triggers this variance request. After reviewing the applicant’s request and the variance criteria, Staff finds that reducing the required rear setback from 40’-0” to 25’-4” can be justified. Ms. Cindy Wright, applicant, spoke briefly regarding variance application. Chairman Knox opened the floor to anyone wanting to speak in favor or opposition to the application. There was no public comment. A motion was made after discussion concerning, among other items, privacy with changing the setback and stated that is not unusual variance request. 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 FINDINGS AND CONCLUSIONS AND APPROVE THE APPLICATION BEFORE IT; FIRST, THERE ARE EXTRAORDINARY OR EXCEPTIONAL CONDITIONS PERTAINING TO THIS PARTICULAR PROPERTY; TWO, THE CONDITION OF THE PROPERTY ITSELF IS NOT THE RESULT OF THE ACTIONS OF THE PROPERTY OWNER; AND THREE, A LITERAL ENFORCEMENT OF THE ZONING RESOLUTION WILL RESULT IN AN UNNECESSARY HARDSHIP TO THE APPLICANT; I FURTHER MOVE THAT THIS VARIANCE BE GRANTED FOR THE PURPOSE OF CONSTRUCTING A SCREEN PORCH ADDITION TO THE REAR OF THE EXISTING HOME AS PRESENTED IN THE APPLICATION; AND SECOND, THAT THE PLANS FOR THE CONSTRUCTION BE APPROVED BY CITY STAFF PRIOR TO CONSTRUCTION. By: Eric Christ Seconded: Marcia Brandes Vote: (5-0) (Christ, Brandes, Knox, Blum, Regmi) CITY BUSINESS ITEMS: There was no City Business. The Zoning Board of Appeals meeting concluded at 7:28 PM. Page | 2  DRAFT Approved, Attest: _________________________ _______________________________ Wayne Knox, Chairman Jennifer Davis, Deputy City Clerk Page | 3  V2015-011 4984 Williamsport Drive  City of Peachtree Corners Zoning Board of Appeals January 20, 2016 CASE NUMBER: V2015-011 PROPERTY LOCATION: 4984 Williamsport Drive 6th District, Land Lot 318, Parcel 104 CURRENT ZONING: R-100 PARCEL SIZE: .41 acres PROPERTY OWNER: Joshua Lane APPLICANT: Joshua Lane REQUEST The applicant requests a variance in order to allow his recreational vehicle to remain parked in his side yard, approximately 13.5 ft. from his property line. Zoning regulations restrict the locations where recreational vehicles can be parked in residential areas, as follows (underlining added): a. In any residential district, the parking of any motor vehicle except on a hard-surfaced driveway or in a carport or garage is prohibited. Any recreational vehicle or any non-motor vehicle may only be parked in a carport, enclosed structure, or in the rear yard on a paved surface (or approved porous or grassed paving system). Any vehicles parked in the rear yard not in a carport or an enclosed structure must be parked at least fifteen (15) feet from the property line. Vehicles or equipment used for agricultural purposes on RA-200 or R-100 zoned property with 5 or more acres are exempt from hard surface parking requirements if parked outside the required front yard setback. LOCATION AND BACKGROUND The applicant’s property is located off East Jones Bridge Road in the Williamsport subdivision. He keeps a recreational vehicle (camper) parked at the end of the driveway to the side of his single family home. The camper is situated immediately adjacent to the existing garage and is parked on a gravel pad. There are trees and hedges on three sides of the camper, but the view of the camper is unobstructed along the street front. 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. ANALYSIS The applicant has a pie shaped lot and wooded backyard with mature vegetation. As can be seen from the photographs, there are numerous trees and shrubs located behind the house. The property’s triangular configuration and narrow back yard would make it difficult to maneuver the camper behind the house and place it in the rear yard as the code requires. In his letter of intent, the applicant states that if he has to relocate the RV behind his house, he’ll be required to remove several existing trees, camellia plants and other shrubs that add value to his property and the neighborhood. If he were to build an enclosure to screen the camper, it would negatively affect the aesthetics of the home and, by extension, its value. Surrounding neighbors on either side of the applicant’s property were consulted and both signed letters indicating their preference to keep the camper as it is currently situated. With regard to the variance criteria: A. Some of the existing trees on the property would have to be removed in order to accommodate the relocation of the RV behind the house. Building an enclosure on the side of the house would negatively impact the aesthetics of the home by making it look lopsided or off-balance. B. The strict application of the zoning regulations would create an unnecessary hardship in this case. C. Relocating the RV would not provide a sufficient benefit to the neighborhood to outweigh the loss of mature trees. D. The existing property configuration makes code compliance difficult and is not attributable to the applicant’s actions. E. Maintaining the camper in its current location would not cause substantial detriment to the public good. CONCLUSION After reviewing the applicant’s request and the variance criteria, Staff finds that maintaining the camper in its current location can be justified.  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT 147 Technology Parkway, Suite 200, Peachtree Corners, GA 30092 Tel: 678.691.1200 | www.cityofpeachtreecornersga.com PROPERTY LOCATION MAP 4984 Williamsport Drive CASE NUMBER: V2015-011 HEARING DATE: January 20,2016 PROPERTY ADDRESS: 4984 Williamsport Drive