Zoning Board of Appeals

ZONING BOARD OF APPEALS AGENDA MARCH 15, 2017 7:00 PM CITY HALL A. Roll Call B. Approval of Minutes: January 18, 2017 C. Approval of Agenda D. Old Business: (None) E. New Business: 1. V2017-004 MNI Direct. Consideration of a variance to the City of Peachtree Corners Zoning Ordinance Article XIV, Section 1401 in order to allow a 1’-0” side yard setback instead of the required 50’ side yard setback at 4300 Gilleland Lane, located in Dist. 6, Land Lot 251, Peachtree Corners, GA F. City Business Items: (None) G. Comments by Board Members. H. Adjournment.  DRAFT COPY CITY OF PEACHTREE CORNERS ZONING BOARD OF APPEALS MINUTES January 18, 2017 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 - Absent Amreeta Regmi, Post C Matthew Gries, Post D James Blum, Post E Staff: Diana Wheeler, Com. Dev. Director Rocio Monterrosa, Deputy City Clerk AGENDA: Approval of the January 18, 2017 agenda. MOTION TO APPROVE THE JANUARY 18, 2017 AGENDA. By: James Blum Seconded: Matthew Gries Vote: (4-0) (Blum, Gries, Regmi, Knox) MINUTES: Approval of September 21, 2016 Minutes. MOTION TO APPROVE THE SEPTEMBER 21, 2016 MINUTES WITH CHANGES. By: James Blum Seconded: Amreeta Regmi Vote: (4-0) (Gries, Regmi, Knox, Blum) NEW BUSINESS: 1. V2016-006 Atlanta Best Used 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 Page | 1  DRAFT COPY Diana Wheeler, Community Development Director, provided background information regarding the applicant’s request. 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 its 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 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. 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. The applicant’s representative, Mr. Eric Johansen, was present at the meeting. Mr. Johansen stated that the current tenant has been using this location as a detailing facility for the past two years. The applicant topped 36 trees because they were causing the clean cars to become dirty from the leaves falling. From the 36 trees that were topped all but the exception of six (6) have all come back with a full canopy of leaves and new limb growth. The applicant is proposing to replant the 6 trees and add six more tree to fill in the gaps along the road frontage of Buford Hwy. Additionaly, it would offer the City a two (2) year Landscapte Bond for the entire property to cover the new trees planted and the existing trees only that were topped. 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, there was no actual hardship to grant variance. 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 DENY THE APPLICATION BEFORE IT ON THE BASES THAT (1) Page | 2  DRAFT COPY THERE ARE NOT EXTRAORDINARY OR EXCEPTIONAL CONDITIONS PERTAINING TO THIS PARTICULAR PROPERTY IN QUESTION; AND, (2) THE CONDITIONS OF THE ZONING RESOLUTION TO THIS PARTICULAR PIECE OF PROPERTY WOULD NOT CREATE AN UNNECESSARY HARDSHIP; AND, (3) SUCH CONDITIONS ARE THE RESULT OF ACTIONS OF THE PROPERTY OWNER. By: James Blum Seconded: Matthew Gries Vote: (4-0) (Blum, Gries, Knox, Regmi) 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 Diana Wheeler, Community Development Director, provided background information regarding the applicant’s request. The applicant would like to build a self-storage facility on property located within both the Peachtree Corners overlay district and Central Business District on Peachtree Corners Circle across from The Forum. The property is zoned M1 and that classification prohibits the development of self-storage facilities within the Central Business District (see attached Ordinance 2016-01-64). 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, the City undertook several studies to identify, among other things, the way in which growth and development should best occur. 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, including self-storage facilities, are prohibited from being developed within the Central Business District. This provision specifically addresses situations where a use was allowed 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. 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. The applicant, Mark Gary, was present at the meeting. Mr. Gary indicated that his hardship derived from the fact that the building plans have already been developed and approved for the facility. He also stated that without relief from Page | 3  DRAFT COPY the Zoning Board of Appeals the property would have little to no current market use and that he, as the current applicant, desires to build the same facility as anticipated from the original zoning in 2013. Mr. Gary stated that the property owner did not creat the hardship through any actions of himself, but rather the changing of the “Overlay District” restrictions has palced an unecesssary hardship to this individual piece of land. 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, there was no actual hardship to the property. 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 DENY THE APPLICATION BEFORE IT ON THE BASES THAT (1) THERE ARE NOT EXTRAORDINARY OR EXCEPTIONAL CONDITIONS PERTAINING TO THIS PARTICULAR PROPERTY IN QUESTION; AND, (2) THE CONDITIONS OF THE ZONING RESOLUTION TO THIS PARTICULAR PIECE OF PROPERTY WOULD NOT CREATE AN UNNECESSARY HARDSHIP; AND, (3) THE LITERAL ENFORCEMENT OF THE ZONING RESOLUTION WILL NOT RESULT IN UNNECESSARY HARDSHIP TO THE APPLICANT. By: James Blum Seconded: Matthew Gries Vote: (4-0) (Blum, Gries, Knox, Regmi) CITY BUSINESS ITEMS: Diana Wheeler, Community Development Director, informed the Board that there would be no meeting in February. COMMENTS BY BOARD MEMBERS: None. The Zoning Board of Appeals meeting concluded at 8:22 PM. Approved, Attest: _________________________ _______________________________ Wayne Knox, Chairman Rocio Monterrosa, Deputy City Clerk Page | 4 V2017‐004 MNI Direct  City of Peachtree Corners Zoning Board of Appeals March 15, 2017 CASE NUMBER: V2017-004 PROPERTY LOCATION: 4300 Gilleland Lane 6th District, Land Lot 251 CURRENT ZONING: M-1 PARCEL SIZE: 6.4 acres PROPERTY OWNER: Young Song 2960 Pacific Dr. Ste. A Norcross, GA APPLICANT: MNI Direct 4300 Gilleland Lane REQUEST The applicant requests a variance in order to keep an existing landscape shade structure within 1 ft. of the property line instead of maintaining a side yard setback of 50 ft. LOCATION AND BACKGROUND The subject property is located at the corner of Jones Mill Road and Buford Highway and is now occupied by a new landscape company business. The surrounding area is mixed with residential and light industrial uses including an auto body shop, fleet service company and tree service business. Railroad tracks are located adjacent to the property. There are some detached single family homes on the same block as the subject property to the south and west of the site. Gwinnett County denied an application for a solid waste transfer station at this site on 7/25/2006. The property remained overgrown for years and appeared abandoned. The applicant, MNI Direct, a wholesale landscape company, leased the property late last year and has since cleaned it up. They removed weeds and debris and installed landscaping materials and shade structures. The company also maintained the 75 ft. buffer next to residential property along the subject site’s western boundary. 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 1  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 improved property that was in an unsightly condition and preserved a required buffer next to residential property. Shade structures were installed on the property to protect sensitive plants from overexposure to the sun during certain times of the year. The shade structures were placed with a north/south orientation on the property so that the plants receive morning and afternoon light, but avoid the intense mid-day sun. The site, itself, was chosen because it could accommodate this orientation for the shade structures. In order to maximize the functionality of the site while still preserving the 75 ft. residential buffer, the applicant seeks approval to keep the easternmost shade structure which was installed next to the property line along Jones Mill Rd. CONCLUSION After reviewing the applicant’s proposal and the variance criteria, staff finds that the setback variance request can be supported, as there are hardship conditions specific to this property that are based on the needs of the business and the north/south orientation of the site. 2 H:\Cad\_Civil\-16\-100\16.170 4300 Gilleland Road, Peachtree Corners, GA\10 Drawings\16.170 civil.dwg, 2/2/2017 2:19:02 PM, cpage SURVEY REFERENCE STORMWATER STATEMENT ON SITE WATERS STATEMENTS SITE ANALYSIS R ID O FL E U VEN AA L GI L LE AN D LA NE Y UT A O E RN W R TH S OU IGH US K OL O H D F R D N ILR JO NO R A R A S O AD NE F 13 U LLMI B TE U RO O AD R E AT T S E 23 CITY NOTE irrigation plan Irrigation KEY NOTES W S N E mk 4300 Gilleland Lane irrigation 4300 Gilleland Lane Northwest sealed: FISCHER CONSULTING date City of Peachtree Corners, Gwinnett County, Land Lot 251, District 6 A N D M A N A G E M E N T, I N C. 5895 Shiloh Road plan For: MNI Direct, Inc. Suite 111 issue 661 South Cobb Drive A l p h a r e t t a, G e o r g i a HFR 16.170 30005 C050 Marietta, GA 30060 844-578-4599 p 770.886.9320 View from cul-de-sac (Today) View from Jones Mill Rd sidewalk (Today) View heading toward Jones Mill Rd. on Gilleland Lane (Today) View from Buford Hwy sidewalk (Today) Day 1 Jones Mill Rd view Day 1 Interior of lot Day 1 Gilleland Lane view Day 1 Facility Today Nursery bed Today Nursery bed Today Tree bed Today Shade section Denise Gilleland 4256 Gilleland Lane Peachtree Corners, GA 30360 (h) 770‐449‐4957 (c) 678‐986‐3931 denisegilleland@bellsouth.net January 27, 2017 To whom it may concern, The objective of this letter is to advise the City of Peachtree Corners that as a neighbor of MNI Direct, I have no issues or concerns with the facility as it is currently. In fact, I am delighted that they are there because it cleared out the unsightly overgrowth where the property owner wasn’t maintaining the property and the cul‐de‐sac isn’t covered up in trash from outsiders making it a dumping site. Ultimately, I feel like a prayer has been answered by this business establishment becoming my neighbor because of the homeless setting up camp on the wooded property. My safety is a constant concern of mine because sadly, the neighborhood has changed drastically over the years. Sincerely, Denise Gilleland  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 MNI Direct CASE NUMBER: V2017-004 HEARING DATE: March 15, 2017 PROPERTY ADDRESS: 4300 Gilleland Lane