Zoning Board of Appeals

ZONING BOARD OF APPEALS AGENDA AUGUST 15, 2018 7:00 PM CITY HALL A. Roll Call B. Approval of Minutes: June 20, 2018 C. Approval of Agenda D. Old Business: (None) E. New Business: V2018-005 Tepanyaki, Inc. Request to permit a detached accessory structure (walk-up ATM) in the front yard of a commercial shopping center at 5005 Peachtree Parkway in Dist. 6, Land Lot 318, 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 June 20, 2018 7:00PM The City of Peachtree Corners held a Zoning Board of Appeals meeting on June 20, 2018. The meeting was held at City Hall, 310 Technology Parkway, 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 Staff: Diana Wheeler, Com. Dev. Director Jeff Conkle, Planning & Zoning Admin. AGENDA: Approval of the June 20, 2018 agenda. MOTION TO APPROVE THE JUNE 20, 2018 AGENDA. By: Marcia Brandes Seconded: James Blum Vote: (5-0) (Brandes, Blum, Knox, Regmi, Gries) MINUTES: Approval of September 20, 2017 Minutes. MOTION TO APPROVE THE SEPTEMBER 20, 2017 By: Amreeta Regmi Seconded: James Blum Vote: (5-0) (Regmi, Blum, Knox, Brandes, Gries) 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 Page | 1  DRAFT COPY Diana Wheeler, Community Development Director, provided background information regarding the applicant’s 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. 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. 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. 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. Board members asked about access to exit garage, shape of backyard and cul- de-sac, possibility of extending driveway into backyard, visibility to neighbor and use of the RV. The applicants,Craig and Lara McKay, were present at the meeting. Mrs. McKay spoke on how the RV is parked in the furthest part of the driveway and away from the garage and that having a slim canopy would not work because of size of vehicle and maneuverability and having a carport would block garage. Parking the RV in the backyard would destroy trees and other landscaping and it would make the RV more visible to neighbors. The applicants also passed out a petition to surrounding neighbors and received 14 signatures in support of having the RV parked in its existing location. Chairman Knox opened the floor to anyone wanting to speak in favor or opposition to the application. There were three comments in favor of of the applicant’s request. Page | 2  DRAFT COPY After discussion, a motion was made by James Blum, as follows: 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 CONDITIONS BE PART OF THE VARIANCE: THE MAXIMUM LENGTH OF THE RV BE 35 FEET AND THAT THE VARIANCE BECOMES VOID WITH THE SALE OF THE HOME BY THE APPLICANT TO SOMEONE OTHER THAN IMMEDIATE FAMILY. By: James Blum Seconded: Marcia Brandes Vote: (3-0) (Blum, Brandes, Knox, Gries, Regmi) CITY BUSINESS ITEMS: None. COMMENTS BY BOARD MEMBERS: None. The Zoning Board of Appeals meeting concluded at 7:42 PM. Approved, Attest: _________________________ _______________________________ Wayne Knox, Chairman Jeff Conckle, Planning & Zoning Admin. Page | 3  V2018-005 5005 Peachtree Pkwy.  City of Peachtree Corners Zoning Board of Appeals August 15, 2018 CASE NUMBER: V2018-005 PROPERTY LOCATION: 5005 Peachtree Parkway 6th District, Land Lot 318, Parcel 338 CURRENT ZONING: C-2 PARCEL SIZE: 2.45 acres PROPERTY OWNER: Tepanyaki, Inc. APPLICANT: Wes Allen, MCW Realty REQUEST The applicants would like to construct a detached accessory structure in the front yard of this property. The structure would be a walk-up ATM for Synovus Bank. Zoning Ordinance Sec. 600 permits accessory structures only in side or rear yards. If approved, the applicant would construct the ATM on three parking spaces to be removed at the front of the property along Peachtree Parkway. LOCATION AND BACKGROUND The property in question is a commercial shopping center parcel on the west side of Peachtree Parkway, north of East Jones Bridge Road, adjacent to the Ingles shopping center. The property has approximately 325 feet of frontage on Peachtree Parkway. The property was developed in 1998; the area in question for the variance request is the front of the property along Peachtree Parkway. 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 accessory structures to be located to the side or rear of commercial properties. The property owner is not able to place the ATM to the side or rear and chose to apply for this variance. In the letter of intent, the applicant states that he evaluated the possibility of placing the ATM to the side of the existing strip mall building, but there is a Georgia Power easement located there. The applicant requested approval from Georgia Power to locate the ATM within the easement; however, the existence of overhead power lines led to Georgia Power to deny his request. The other side of the strip mall has a landscape setback area required by the zoning ordinance. Placing the ATM at this location would also necessitate a variance because the required landscaping would have to be eliminated. The rear of the property would also not be feasible for an ATM location because this is the delivery and loading area for the strip mall. While another site might have better options, this location has both zoning and easements constraints within the portions of the site that would otherwise allow the placement of an ATM facility. CONCLUSION After reviewing the applicant’s request and the variance criteria, Staff finds that a hardship may be justified at this location.  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 5005 Peachtree Parkway CASE NUMBER V2018-005 HEARING DATE AUGUST 15, 2018 PROPERTY ADDRESS 5005 PEACHTREE PARKWAY