Zoning Board of Appeals

ZONING BOARD OF APPEALS AGENDA SEPTEMBER 21, 2016 7:00 PM CITY HALL A. Roll Call B. Approval of Minutes: July 20, 2016 C. Old Business: (None) D. New Business: V2016-005 3699 Allenhurst Dr. Request to encroach into the required 50 ft. stream buffer in order to accommodate a rear yard deck expansion for property located at 3699 Allenhurst Dr. in Dist. 6, Land Lot 303, Parcel 128, Peachtree Corners, GA E. City Business Items: (None) F. Comments by Board Members. G. Adjournment.  DRAFT COPY CITY OF PEACHTREE CORNERS ZONING BOARD OF APPEALS MINUTES July 20, 2016 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 Matthew Gries, Post D James Blum, Post E - Absent Staff: Diana Wheeler, Com. Dev. Director Kym Chereck, City Clerk AGENDA: Approval of the July 20, 2016 agenda. MOTION TO APPROVE THE JULY 20, 2016 AGENDA. By: Marcia Brandes Seconded: Amreeta Regmi Vote: (4-0) (Brandes, Regmi, Knox, Gries) MINUTES: Approval of April 20, 2016 Minutes and May 4, 2016 Minutes. MOTION TO APPROVE THE APRIL 20, 2016 AND MAY 4, 2016 MINUTES. By: Marcia Brandes Seconded: Amreeta Regmi Vote: (3-1) (Brandes, Regmi, Knox) (Gries abstained) NEW BUSINESS: 1. V2016=004 Peachtree Marketplace. Request to increase the amount of wall signage from 200 square feet to 379.5 square feet and reduce the front setback from 38.8 feet to 10 feet and reduce the side yard setback from 10 feet to 5 feet for property located at 6131 and 6141 Peachtree Parkway in District 6, Land Lots 283, 285, and 374, Peachtree Corners, GA. Diana Wheeler, Community Development Director, provided background information regarding the applicant’s request. The applicant is requesting variances in order to exceed the maximum wall signage allowed and reduce Page | 1  DRAFT COPY required setbacks as follows: 1) a total of 379.5 square feet of wall signs on the new LA Fitness building instead of the maximum 200 square feet, 2) a side setback of 5 feet instead of the required 10 feet on the new LA Fitness and Aspen Dental buildings, and 3) a front setback of 10 feet instead of the required 38.8 feet on the Aspen Dental outparcel building. After reviewing the applicant’s proposal and the variance criteria, staff found that the setback variance request for both the side and front can be supported, as there are hardship conditions unique to this property. A variance for some of the added wall signs requested on the LA Fitness building can also be supported to help with driver safety where visibility is hampered by topography and landscaping. However, a wall sign on the west (rear) side of the building will likely have limited benefit and contribute little to driver safety. Approaching the LA Fitness building from Ryan Rd. in either direction, the driver would see either the south side sign or the north side sign before reaching the sign on the west side of the building. This means that unless viewed from the office building across Ryan Road, the sign on the west side of the building would serve a redundant purpose since, on approach, one of the other LA Fitness signs would be visible first. The applicant, Mr. Jacob Khotoveli, was present at the meeting. Mr. Khotoveli stated that he would like the sign on the rear of the building, facing Ryan Road, to be approved since it is a regularly traveled road, and access to the site. Mr Khotoveli stated that it is especially traveled by people who miss the turn on Holcomb Bridge Road and circle around onto Ryan Road. Chairman Knox opened the floor to anyone wanting to speak in favor or opposition to the application. There were no comments. A motion was made after discussion concerning, among other items, the importance of the access to the property from Ryan Road. 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 ON THE BASIS THAT (1) THERE ARE EXTRAORDINARY OR EXCEPTIONAL CONDITIONS PERTAINING TO THIS PARTICULAR PROPERTY IN QUESTION BECAUSE OF ITS SIZE, SHAPE OR TOPOGRAPHY; AND, (2) THE APPLICATION OF THE ZONING RESOLUTION TO THIS PARTICULAR PIECE OF PROPERTY WOULD CREATE AN UNNECESSARY HARDSHIP; AND, (3) SUCH CONDITIONS ARE PECULIAR TO THE PARTICULAR PIECE OF PROPERTY INVOLVED; AND, (4) SUCH CONDITIONS ARE NOT THE RESULT OF ANY ACTIONS OF THE PROPERTY OWNER; AND, (5) RELIEF, IF GRANTED, WOULD NOT CAUSE SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD NOR IMPAIR THE PURPOSES OR INTENT OF THIS RESOLUTION. By: Marcia Brandes Seconded: Matthew Gries Vote: (4-0) (Brandes, Gries, Knox, Regmi) Page | 2  DRAFT COPY CITY BUSINESS ITEMS: Diana Wheeler, Community Development Director, informed the Board that there would be no meeting in August. The Zoning Board of Appeals meeting concluded at 7:55 PM. Approved, Attest: _________________________ _______________________________ Wayne Knox, Chairman Kym Chereck, City Clerk Page | 3  V2016-005 3699 Allenhurst Dr.  City of Peachtree Corners Zoning Board of Appeals September 21, 2016 CASE NUMBER: V2016-005 PROPERTY LOCATION: 3699 Allenhurst Drive 6th District, Land Lot 303, Parcel 6303128 Lot 35 CURRENT ZONING: R75 PARCEL SIZE: .74 acres PROPERTY OWNER: Christopher and Stephanie Moder APPLICANT: Chris Moder REQUEST The applicant requests a stream buffer variance of approximately 10 ft. in order to expand an elevated outdoor deck on the rear of his house. The variance would allow the existing deck to increase in width from 10 ft. to 18 ft. in order to better accommodate the 5-foot turning radius of his daughter’s wheelchair. Currently, access to the backyard is difficult for the applicant’s handicapped daughter; however, the additional deck space would give her the opportunity to spend more time outdoors. LOCATION AND BACKGROUND The property is located in the Peachtree Station subdivision at Allenhurst Drive near Peachtree Corners Circle. The house was built in 1980 with a setback on the lot about 100 feet deeper than most other homes in the subdivision due to the presence of an underground spring at the front of the property. In addition, the property also has a 20-foot sanitary sewer easement along the north property line and a 20-foot drainage easement on the west property line. The applicant would like to expand an existing, elevated, outdoor deck on the rear of the house from 463 square feet to 706 square feet. The improvements would add 243 square feet of space and involve adding an overhang roof over the deck, part of which could be screened-in at a later date. The city’s stream buffer ordinance requires a 50-foot setback from streams. However, the existing residence and deck were constructed in 1980, before the city’s or county’s ordinance. Adopted in 1981, O.C.G.A. 12-5-453 requires a 25-foot stream buffer. The proposed deck expansion would encroach a maximum of eight feet into the 25-foot stream buffer. 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 requirements on 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 home was constructed prior to the adoption of city and state laws regarding stream protection. Due to sloping topography and the location of the home deep in the lot, there are conditions which make expanding the deck on this property difficult. What is possible for other homes in the neighborhood, has not been possible for this home due to these constraints. The applicant has a daughter who is confined to a power wheelchair. She has experienced difficulty navigating the rear deck, which is 10 feet in depth. With typical deck furnishings including chairs and a grill, there is little room to navigate a wheelchair. In addition, there is a sanitary sewer to the north and a drainage easement to the west which further serve to confine the applicant’s “backyard.” With the proposed expansion, the deck would encroach about 10 feet into the buffer, but in a very limited way. The encroachment would not extend along the entire backyard, but only in very small areas. CONCLUSION After reviewing the applicant’s proposal and the variance criteria, staff finds that the buffer encroachment request is justified, as there are extraordinary conditions unique to the property that are not the result of any action of the property owner. If approval of the variance is considered, the following conditions are recommended: 1. Any specimen tree removal must be permitted by the city arborist. 2. Disturbance shall be limited to small holes for deck posts, or footings, and shall be performed manually, not with heavy equipment.  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 3699 Allenhurst Drive CASE NUMBER: V2016-005 HEARING DATE: September 21, 2016 PROPERTY ADDRESS: 3699 Allenhurst Drive