Zoning Board of Appeals

ZONING BOARD OF APPEALS AGENDA JUNE 20, 2018 7:00 PM CITY HALL A. Roll Call B. Approval of Minutes: September 20, 2017 C. Approval of Agenda D. Old Business: (None) E. New Business: V2018-004 Lara and Craig McKay. Request to vary from Zoning Code Section 1001.5.b to permit a recreational vehicle to be parked in the side yard of a single-family property located at 3772 Summertree Court in District 6, Land Lot 300, 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 September 20, 2017 7:00PM 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 - Absent Matthew Gries, Post D James Blum, Post E Staff: Diana Wheeler, Com. Dev. Director Jeff Conkle, Planning & Zoning Admin. Rocio Monterrosa, Deputy City Clerk AGENDA: Approval of the September 20, 2017 agenda. MOTION TO APPROVE THE SEPTEMBER 20, 2017 AGENDA. By: James Blum Seconded: Matthew Gries Vote: (3-0) (Blum, Gries, Knox) MINUTES: Approval of June 21, 2017 Minutes. MOTION TO APPROVE THE JUNE 21, 2017 By: James Blum Seconded: Matthew Gries Vote: (3-0) (Blum, Gries, Knox) NEW BUSINESS: V2017-006 ACV II, LLC. Request to encroach into the required 25’ impervious setback area landward of the required 50’ stream buffer in order to allow a patio and grilling area for a multifamily property located at 3325 Holcomb Bridge Road in Dist. 6, Land Lot 274, Peachtree Corners, GA Page | 1  DRAFT COPY Diana Wheeler, Community Development Director, provided background information regarding the applicant’s request. The applicant would like to retain a community patio and grilling area that was recently constructed along the rear of the property, partially within the impervious setback area that extends 75’ from the creek. The site had formerly been home to two tennis courts which had fallen into disrepair and had been grown over by vegetation. The property in question is a large multifamily parcel on the south side of Holcomb Bridge Road between Peachtree Parkway and Jimmy Carter Boulevard. The property abuts a branch of Crooked Creek at the rear. The buildings were constructed in 1972. During the time of construction in the 1970s, the stream buffer regulations were not in place, allowing the development, including the tennis courts, to proceed with approvals from Gwinnett County. Today’s regulations require a 50’ undisturbed natural vegetative buffer plus an additional 25’ impervious setback (totaling 75’ from the creek). The patio and grilling areas extend approximately 20’ into the impervious setback. The apartment complex and its amenity areas were constructed prior to adoption of the current stream buffer regulations. The tennis courts, which were permitted at the time, were not maintained in later years and they deteriorated. Eventually, the tennis courts became an eyesore, lying under several inches of dirt and plant growth. Recently, the property owner cleaned up the debris of the old tennis courts and repurposed the place where they were located into a new amenity consisting of a patio and grilling area. This effort not only improved the property, but it created a much-needed amenity for the apartment residents. In addition, the new patio area also reduced the impervious area within the impervious setback from 2,394 square feet (tennis courts) to 599 square feet (patio and grilling area). After reviewing the applicant’s proposal and the variance criteria, staff finds that the buffer encroachment request can be justified, as there are extraordinary conditions unique to the property that are not the result of any action of the current property owner. The property owner’s actions did not increase the extent of the legal non-conformity established by the original tennis courts. And removing the patio and grill area improvements now, would eliminate a valuable amenity, thereby creating an unnecessary hardship for the apartment residents. If approval of the stream buffer variance is considered, the following condition is recommended: • The applicant shall not create any additional impervious area within the impervious setback beyond the 599 square feet already constructed. Board members asked about when and how was the patio discovered, the distance of structure from driveway It reduces the amount of impervious surface area within the 75ft setback line, and elimates within the 50ft stream buffer The applicant’s representative, Mr. Shane Lanham, was present at the meeting. Mr. Lanham stated what the property looked like prior to building the new patio structure and reason why the distance from drive-way Page | 2  DRAFT COPY 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 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 VARIANCE ON THE BASES THAT (1) THERE ARE EXTRAORDINARY AND EXCEPTIONAL CONDITIONS PERTAINING TO THIS PARTICULAR PROPERTY IN QUESTION BECAUSE OF ITS SIZE, SHAPE AND TOPOGRAPHY; AND, (2) THE REQUIREMENTS ON THIS PARTICULAR PIECE OF PROPERTY WOULD CREATE UNNECESSARY HARDSHIP; AND, (3) SUCH CONDITIONS ARE PARTICULAR PIECE OF PROPERTY INVOLVED; AND, (4) SUCH CONDITIONS ARE NOT THE RESULT OF ANY ACTIONS OF THE PROPERTY OWNER; AND, (5) RELIEF, WOULD NOT CAUSE SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD AND IMPAIR THE PURPOSES OR INTENT OF THE RESOLUTION. I WOULD ALSO LIKE TO ADD THE FOLLOWING STAFF CONDITION BE PART OF THE VARIANCE: THE APPLICANT SHALL NOT CREATE ANY ADDITIONAL IMPERVIOUS AREA WITHIN THE IMPERVIOUS SETBACK BEYOND THE 599 SQUARE FEET ALREADY CONSTRUCTED. By: James Blum Seconded: Matthew Gries Vote: (3-0) (Blum, Gries, Knox) V2017-007 30 Tech Park, LLC. Request to allow a second ground sign at an office property located at 30 Technology Parkway South in Dist. 6, Land Lot 285, Peachtree Corners, GA Diana Wheeler, Community Development Director, provided background information regarding the applicant’s request. The applicant would like to add a second ground sign along the Technology Parkway South frontage of this property. One sign currently exists at the southern driveway. If approved, a second sign would be added at the northern driveway. The property in question is a large commercial parcel on the east side of Technology Parkway South between Technology Parkway and Peachtree Industrial Boulevard within Technology Park. The front of the property is long and it curves as Technology Parkway South bends to tie into Technology Parkway. In addition, this property abuts a portion of the City’s planned multi-use trail. Page | 3  DRAFT COPY The property was developed in 1997 and includes two points of access along Technology Parkway South: A southern driveway, where an existing ground sign is located, and a northern driveway, where no signage currently exists. The distance between the two driveways is overly long, measuring approximately 385’. Additionally, the curve and small hill in the road make visibility challenging. The sign ordinance requires frontage on at least two public rights-of-way to qualify for two ground signs. The right-of-way can include pedestrian easements such as the planned multi-use trail. However, while the sign ordinance could permit a second ground sign after the dedication of land to create the multi-use trail, the property owner does not want to wait for that process and chose to apply for this variance. The curving and sloping nature of Technology Parkway South, combined with the large distance between driveways, causes difficulty for drivers navigating to the site from the north, where the ground sign is not visible. The roadway topography and the site’s lengthy frontage along a curve in that roadway create a hardship for the property and for drivers accessing the site. After reviewing the applicant’s proposal and the variance criteria, staff finds that the variance request can be justified, as there are extraordinary conditions unique to the property that are not the result of any action of the property owner. If a variance is considered, the following condition is recommended: • The sign shall be constructed in conformance with the drawing by A1 Signs, dated 7-31-17 and submitted with this application The applicant, Shane Lanham, stated that the Trail will be going through the property and will give them two entrances, although this will not happen until a future date, they will need the variance approved now so they can construct the sign once the trail is complete. He also stated that due to the topography of the building the additional signage is necessary to provide motorist ample time to identify the property. Board members asked about the location in relation to the trail, advertising and any exhisting rules in place that would dictate how and where the sign would be placed. 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 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 VARIANCE ON THE BASES THAT (1) THERE ARE EXTRAORDINARY AND EXCEPTIONAL CONDITIONS PERTAINING TO THIS PARTICULAR PROPERTY IN QUESTION BECAUSE OF ITS SIZE, SHAPE AND TOPOGRAPHY; AND, (2) THE REQUIREMENTS ON THIS Page | 4  DRAFT COPY PARTICULAR PIECE OF PROPERTY WOULD CREATE UNNECESSARY HARDSHIP; AND, (3) SUCH CONDITIONS ARE PARTICULAR PIECE OF PROPERTY INVOLVED; AND, (4) SUCH CONDITIONS ARE NOT THE RESULT OF ANY ACTIONS OF THE PROPERTY OWNER; AND, (5) RELIEF, WOULD NOT CAUSE SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD AND IMPAIR THE PURPOSES OR INTENT OF THE RESOLUTION. I WOULD ALSO LIKE TO REJECT STAFF CONDITIONS. By: James Blum Seconded: Matthew Gries Vote: (3-0) (Blum, Gries, Knox) CITY BUSINESS ITEMS: None. COMMENTS BY BOARD MEMBERS: None. The Zoning Board of Appeals meeting concluded at 8:17 PM. Approved, Attest: _________________________ _______________________________ Wayne Knox, Chairman Rocio Monterrosa, Deputy City Clerk Page | 5  V2018-004 3772 Summertree Ct.  City of Peachtree Corners Zoning Board of Appeals June 20, 2018 CASE NUMBER: V2018-004 PROPERTY LOCATION: 3772 Summertree Court 6th District, Land Lot 300, Parcel 064 CURRENT ZONING: R-100 PARCEL SIZE: 0.40 acres PROPERTY OWNER: Craig & Lara McKay APPLICANT: Craig & Lara McKay REQUEST The applicants would like to park a recreational vehicle (“RV”) in the side yard of this property. Zoning Ordinance Sec. 1001.5.b permits the parking of an RV in the side yard only if within a garage or carport, otherwise it must be parked in the rear yard. If approved, the applicants would keep the RV parked on the existing driveway in the side yard. LOCATION AND BACKGROUND The property in question is a single-family parcel at the cul-de-sac of Summertree Court, in the Summertree subdivision on the south side of Bush Road east of Medlock Bridge Road. The front of the property is long and it curves as it abuts the cul-de-sac. The property was developed in 1980; the driveway and side yard in question are on the left side of the home, accessed from the curve of the cul-de-sac. 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 zoning ordinance requires RVs to be parked within carports or garages if located in the side yard. Such vehicles may be parked in the rear yard without the need for a carport or garage if located 15’ from adjacent property lines. The property owner does not want to alter the rear yard to create an RV parking area and chose to apply for this variance. In his letter of intent, the applicants state that if they have to relocate the RV behind the house, they will be required to remove several existing trees, shrubs, and other landscaping that add value to their property and the neighborhood. If they were to build an enclosure to screen the RV, it would negatively affect the aesthetics of the home and, by extension, its value. Surrounding neighbors were consulted and all have signed letters indicating their preference to keep the RV as it is currently situated. CONCLUSION After reviewing the applicant’s request and the variance criteria, Staff finds that maintaining the RV in its current location can be justified. However, it may be possible to install a narrow canopy, similar to a carport, over the RV to enclose it and minimize its appearance to neighboring properties.  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 3772 Summertree Court CASE NUMBER V2018-004 HEARING DATE JUNE 20, 2018 PROPERTY ADDRESS 3772 SUMMERTREE COURT