Zoning Board of Appeals

ZONING BOARD OF APPEALS AGENDA JANUARY 18, 2017 7:00 PM CITY HALL A. Roll Call B. Approval of Minutes: September 21, 2016 C. Old Business: (None) D. New Business: 1. V2016-006 Atlanta Best Use Cars. Consideration of a variance to the City of Peachtree Corners Buffer, Landscape and Tree Ordinance Section 4.3.1 in order to allow trees with tops removed to remain instead of being replaced at 4745 S. Berkeley Lake Rd., located in Dist. 6, Land Lot 258, Parcel 248, Peachtree Corners, GA 2. V2017-001 Storage Facility. Consideration of a variance from Zoning Code Sec. 1310 a., in order to allow a self-storage facility within the Central Business District contrary to Ordinance 2016- 01-64 for property located at 4779 Peachtree Corners Circle (across from The Forum) in Dist. 6, Land Lot 301, 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 September 21, 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 - Absent James Blum, Post E Staff: Diana Wheeler, Com. Dev. Director Kym Chereck, City Clerk Rocio Monterrosa, Deputy City Clerk AGENDA: Approval of the September 21, 2016 agenda. MOTION TO APPROVE THE SEPTEMBER 21, 2016 AGENDA. By: James Blum Seconded: Marcia Brandes Vote: (4-0) (Blum, Brandes, Regmi, Knox) MINUTES: Approval of July 20, 2016 Minutes. MOTION TO APPROVE THE JULY 20, 2016 MINUTES. By: Marcia Brandes Seconded: Amreeta Regmi Vote: (4-0) (Brandes, Regmi, Knox, Blum) 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 Diana Wheeler, Community Development Director, provided background information regarding the applicant’s 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 Page | 1  DRAFT COPY 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. 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. 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. The applicant, Mr. Chris Moder, was present at the meeting. Mr. Moder stated that he is seeking permission to extend porch the to allow use of the area for his daughter and to enjoy the backyard. Mr. Moder also stated that per the current plan, no tree canopy would be removed. Chairman Knox opened the floor to anyone wanting to speak in favor or opposition to the application. There were no comments. Amreeta Regmi, requested to be excuse due to conflict of interest with applicant. Ms. Regmi is the chairman of the HOA and a neighbor of Mr. Moder. 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. I WOULD ALSO LIKE TO ADD THE FOLLOWING CONDITIONS THAT THE REQUEST BE APPROVED ACCORDING TO THE PLANS THAT WERE PRESENTED IN THE MEETING AND IF CHANGES ARE MADE, THE Page | 2  DRAFT COPY APPLICANT MUST REQUEST A NEW VARIANCE. By: Marcia Brandes Seconded: James Blum Vote: (3-0-1) (Brandes, Blum, Knox) (Regmi Abstained) CITY BUSINESS ITEMS: Diana Wheeler, Community Development Director, informed the Board that there would be no meeting in October. COMMENTS BY BOARD MEMBERS: James Blum noted that a vice chair will need to be selected at next meeting. The Zoning Board of Appeals meeting concluded at 7:39 PM. Approved, Attest: _________________________ _______________________________ Wayne Knox, Chairman Rocio Monterrosa, Deputy City Clerk Page | 3  V2016-006 Atlanta Best Used Cars  City of Peachtree Corners Zoning Board of Appeals January 18, 2017 CASE NUMBER: V2016-006 PROPERTY LOCATION: 4745 South Berkeley Lake Road 6th District, Land Lot 258, Parcel 248 CURRENT ZONING: C2 PARCEL SIZE: 1.47 acres PROPERTY OWNER: Eldon S. Smith APPLICANT: Eric Johansen (representing Atlanta Best Used Cars) REQUEST The applicant requests a variance from Section 4.3.1 of the City’s Buffer, Landscaping and Tree Ordinance which prohibits tree topping (the removal of the upper part of the tree consisting of all the branches and leaves above the trunk base.) LOCATION AND BACKGROUND The property is located at the intersection of South Berkeley Lake Road and Buford Hwy. It is used by the Atlanta Best Used Car business as their location for washing and detailing vehicles that are being prepared to be sold. The property is long and narrow and once the vehicles have been cleaned, they are placed in the parking spaces located along the perimeter of the property adjacent to the existing landscape strip. There are 36 trees in the landscape strip around the perimeter of the property. In this case, the business owner finds that the leaves, twigs, and other things that drop from the trees create a hardship for him because they land on the clean cars which must then be washed again. The business owner’s solution to this problem was to have all the tree limbs and leaves pruned from all 36 trees. The result is a row of tree trunks lining the edge of the property. Six of the trees have died. The remaining trees have re-sprouted and now have an unnatural shape. (see photos) The applicant proposes to remove and replace the six dead trees. He would like approval to keep the remaining trees as they are and has offered to purchase a landscape bond to replace any additional trees that might die over the next two years. The applicant believes that the surviving trees will grow back and would like the two years’ time to see if that is the case. 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 In his letter of intent, the applicant states the reason for the tree topping and his proposal to remedy some of the resulting problems. The City’s Tree Ordinance, however, clearly requires perimeter landscaping on commercial property and specifically prohibits tree topping. While trees are valued by the community, they are a nuisance to this business at this location. The conflict appears to come from the decision in choosing this site for a car maintenance facility. This property is not well suited to the applicant’s needs. A wider lot with interior parking located away from the required perimeter landscaping would have been a more appropriate choice. CONCLUSION After reviewing the applicant’s proposal and the variance criteria, it appears that the applicant has a hardship; however, much of it may be self-imposed. Although this site is narrow and the parking is situated under the trees, these factors were known to the business owner when he leased the property. And while these site issues are a nuisance to this business, they would not pose a problem for many other businesses. There is a further concern that when a poor site selection occurs, using tree topping as the solution creates an undesirable precedent.  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 Atlanta Best Used Cars CASE NUMBER: V2016-006 HEARING DATE: January 18, 2017 PROPERTY ADDRESS: 4745 South Berkeley Lake Road  V2017-001 Storage Facility  City of Peachtree Corners Zoning Board of Appeals January 18, 2017 CASE NUMBER: V2017-001 PROPERTY LOCATION: 4779 Peachtree Corners Circle 6th District, Land Lot 301, Parcel 049 CURRENT ZONING: M1 PARCEL SIZE: 6.78 acres PROPERTY OWNER: Benjamin Cowart APPLICANT: Mark Gary REQUEST The applicant would like to build a self-storage facility on property located within both the Peachtree Corners overlay district and the Central Business District on Peachtree Corners Circle across from The Forum. The property is zoned M1, a zoning classification that does not allow the development of self-storage facilities within the Central Business District (see attached Ordinance 2016-01-64). LOCATION AND BACKGROUND In 2013, the owner of 4779 Peachtree Corners Circle applied to rezone a portion of his property to accommodate a self-storage facility. The self-storage building had previously been approved in Gwinnett County, but had not been built prior to the incorporation of the City. After public hearing, the City Council approved the plans for the self-storage facility in July, 2013 subject to several conditions. (See Ordinance 2013-06-17, attached). Over the next few years, several city-wide studies were conducted to identify, among other things, the way in which Peachtree Corners citizens wanted their community to grow and develop. One of these studies was titled The Town Center LCI and it focused on the city’s Central Business District. Among the follow-up projects resulting from the study and listed in the Town Center LCI work program was a directive to, ‘Develop overlay standards specific to the Central Business District.’ This directive was implemented by the City in the form of Ordinance 2016-01-64 which stipulates that certain light-industry type uses are not conducive to the development of a CBD and are, therefore, not permitted to be developed within the CBD. In addition, the ordinance states the following: c)Uses listed in a) that were authorized by zoning hearing, building permit, land disturbance permit or other similar approval, shall be void if the use did not become operational as evidenced by the issuance of a business license by 2/16/16. This provision specifically addresses situations where a use was authorized but never developed, as is the case with the applicant’s property. In other words, the zoning hearing and approval alone, do not vest a property with the right to a use that is no longer allowed in the Central Business District. 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 applicant’s letter of intent indicates that his hardship is derived from the fact that building plans have already been developed and approved for the facility. While this is true, the property owner did have 2 ½ years to build the facility before the restricted use ordinance went into effect. The original zoning approval which authorized the development of a self-storage facility on the subject property did not include a ‘sunset’ provision because representations made at the public hearing suggested that construction was imminent. Although grading was started and dirt was stockpiled two years ago, the building, itself, was never constructed. CONCLUSION After reviewing the applicant’s request and the variance criteria, staff finds that a hardship would be difficult to justify since there was ample opportunity to develop a self-storage facility prior to the enactment of O2016-01-64. In the nearly three years between the time the storage facility was originally approved and the ordinance restricting uses in M1 was enacted, many changes took place within the CBD. These changes include the development of plans for the Town Center, and the Botanical Gardens, the design of the first phase of a multi-use trail and the construction of new shops and restaurants such as Noble Fin, Sprouts, and Earth Fare. The character of the CBD has been evolving and now includes a business incubator in Tech Park and will soon include millenial housing with amenities (Twin Lakes project) to support even more new businesses. The purpose of adopting O2016-01-64 was to protect these investments and ensure that the CBD would continue to grow in the manner envisioned through the LCI process.  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 Self-Storage Facility CASE NUMBER: V2017-001 HEARING DATE: January 18, 2017 PROPERTY ADDRESS: 4779 Peachtree Corners Circle