Zoning Board of Appeals

ZONING BOARD OF APPEALS AGENDA MARCH 20, 2019 7:00 PM CITY HALL A. Roll Call B. Approval of Minutes: February 20, 2019 C. Approval of Agenda D. Old Business: V2019-001 Norcross Realty Holding, LLC. (Continued from February 20, 2019) Request to reduce the required buffer between dissimilar zoning districts from 75’ to 10’ and to reduce the minimum parking from 14 spaces to 9 spaces to allow for construction of a new gas station and retail center at 5211 Buford Hwy. in Dist. 6, Land Lot 256, Peachtree Corners, GA E. New Business: V2019-002 Soren Thomas. Request to permit an accessory structure in the front yard and to increase the permitted height of a fence or wall at an existing residence at 3552 Jones Mill Rd. in Dist. 6, Land Lot 281, 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 February 20, 2019 7:00PM The City of Peachtree Corners held a Zoning Board of Appeals meeting. 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. Rocio Monterrosa, Deputy City Clerk MINUTES: Approval of January 16, 2018 Minutes. MOTION TO APPROVE THE JANUARY 16, 2018 MINUTES. By: Marcia Brandes Seconded: James Blum Vote: (5-0) (Brandes, Blum, Knox, Regmi, Gries) AGENDA: Approval of the January Agenda MOTION TO APPROVE THE FEBRUARY 20, 2019 AGENDA. By: Amreeta Regmi Seconded: James Blum Vote: (5-0) (Regmi, Blum, Knox, Gries, Brandes) NEW BUSINESS: V2019-001 Norcross Realty Holding, LLC. V2019-001 Norcross Realty Holding, LLC. Request to reduce the required buffer between dissimilar zoning districts from 75’ to 10’ and to reduce the minimum parking from 14 spaces to 9 spaces to allow for construction of a new gas station and retail center at 5211 Buford Hwy. in Dist. 6, Land Lot 256, Peachtree Corners, GA Diana Wheeler, Community Development Director, provided background information regarding the applicant’s request. The applicant is requesting a reduction in the buffer required between dissimilar zoning districts. In this case, the applicant’s C-2 Page | 1  DRAFT COPY property adjoins an R-75 property to the northeast at 5195 Buford Highway. If approved, the applicant would reduce the 75’ buffer to a 10’ buffer to allow for construction of a gas station and two, small retail tenant spaces on the property. The applicant is also requesting reduction in minimum parking from 14 spaces to 9 spaces because of the small size of the lot. The property in question is a commercial parcel on the west side of Buford Highway at the corner of Herrington Drive. The front of the property has approximately 150’ of frontage on Buford and approximately 315’ of frontage on Herrington. The property contains an existing commercial building constructed in 1974 which would be torn down to construct the proposed use. Because of the substantial buffer requirement of 75’, the property would be developable only on its southern half, thus significantly constraining the site. Additionally, the small site restricts the amount of parking that can be provided, thus resulting in the applicant’s request to reduce the number of spaces from 14 to 9. However, it should be noted that the two small retail tenant spaces add to the need for the buffer reduction and the parking variance. Without these tenant spaces, the buffer could be reduced to 50% and there would be no need for a parking variance. It is possible, however, that the two retail spaces are required to make the project financially viable and removing them may make the project unbuildable in that regard. In the letter of intent, the applicants state that the area covered by the 75’ buffer requirement was previously used as parking, albeit unpaved. The buffer area is also not currently vegetated beyond some grass/groundcover. The letter also states that the residential property adjoining this site is approximately 10’ higher in elevation and the applicant proposes to install new privacy fencing and landscaping in the remaining 10’ buffer area to provide screening for the residential property. Also, in the letter of intent, the applicant believes the fuel pump islands should count toward the parking requirement because gas customers are using those spaces to park during fuel purchases. If counted, the fuel parking would increase their parking count to 17. The buffer requirement affects the north and west side of the applicant’s property. However, the variance request for a buffer reduction only applies to the north side of the property because the west side buffer has been met. A statement of opposition (attached) was submitted by the property owner to the west, but no comments were received from the property owner to the north. After reviewing the applicant’s request and the variance criteria, Staff finds that given the small size of the property, the amount of buffer required for this site could be considered a hardship. Although reducing the scope of the project would decrease the buffer variance and eliminate the parking variance, it might also undermine the viability of the development. Therefore, if the Board considers approval of the variance requests, Staff recommends the following conditions: 1. The property shall be constructed in substantial conformance with the submitted plan dated 1/8/19 by Civil Consulting Engineers, Inc. Page | 2  DRAFT COPY 2. The 10 ft. buffer adjacent to the residential property to the north shall include a 6 ft. high privacy fence and a landscape buffer consisting of a double staggered row of evergreen plantings at least 6’ in height at the time of planting spaced 15’ apart. 3. The 75 ft. buffer adjacent to the residential property to the west shall include a 6 ft. high privacy fence and a landscape buffer consisting of a double staggered row of evergreen plantings at least 6’ in height at the time of planting spaced 15’ apart. The applicant representative, Terry Boomer, gave a description of the proposed location for the gas station and the reason why the reduction of the buffer was necessary. He also stated that they would not have an issue with staff recommendations. Commissioners asked applicant about the number of employees per shift, parking spaces for both employees and guests not only for the gas station, but for the additional two stores. Chairman Knox opened the floor to anyone wanting to speak in favor or opposition to the application. There were seven comments in opposition to the application stating traffic, noise, parking and increased commercial activity coming to the area. A motion was made after discussion TABLED UNTIL NEXT MEETING TO ALLOW APPLICANT TO MEET WITH SURROUNDING NEIGHBORS AND SUBMIT AN UPDATED PLAN THAT SHOWS ARCHITECTURAL ELEVATIONS AND ADDITIONAL PARKING. By: Matthew Gries Seconded: Marcia Brandes Vote: (4-0-1) (Gries, Brandes, Knox, Regmi) (Blum – Recused) CITY BUSINESS ITEMS: Jeff Conkle, Planning and Zoning Administrator stated that there will be a Zoning Board of Appeals meeting on March 20, 2019. COMMENTS BY BOARD MEMBERS: None. AJDOURNMENT: MOTION TO ADJOURN THE MEETING AT 7:58 PM. By: James Blum Seconded: Marcia Brandes Vote: (5-0) (Blum, Brandes, Knox, Regmi, Gries) Page | 3  DRAFT COPY Approved, Attest: _________________________ __________________________ Wayne Knox, Chairman Rocio Monterrosa, Deputy City Clerk Page | 4  V2019-001 5211 Buford Highway  City of Peachtree Corners Zoning Board of Appeals February 20, 2019 CASE NUMBER: V2019-001 PROPERTY LOCATION: 5211 Buford Highway 6th District, Land Lot 256, Parcel 028 CURRENT ZONING: C-2 PARCEL SIZE: 1.112 acres PROPERTY OWNER: Norcross Realty Holding, LLC APPLICANT: Norcross Realty Holding, LLC UPDATE At the February meeting of the Zoning Board of Appeals, this case was tabled to a date specific (the March meeting) so that the applicant could provide the following: • A revised layout plan that provided for adequate parking while minimizing impacts on surrounding residential properties • Architectural elevations of the proposed buildings and structures • Evidence of a community meeting to address the concerns of surrounding residents The applicant has provided a new layout plan which shifts the building and gas canopy further into the site, allowing additional parking in the front of the property and thus eliminating the need for a parking variance. The rear 75’ buffer is maintained and the requested side buffer reduction to 10’ remains the same. Architectural elevations of the retail building have been provided and show a brick, stucco and glass storefront building. The brick and stucco cover the front and two sides, while the rear is a metal panel finish. The applicant is scheduled to hold a community meeting with concerned neighbors on the evening of March 13, 2019. The applicant can provide an update to the Board regarding the outcome of that meeting at the hearing on March 20. REQUEST The applicant is requesting a reduction in the buffer required between dissimilar zoning districts. In this case, the applicant’s C-2 property adjoins an R-75 property to the northeast at 5195 Buford Highway. If approved, the applicant would reduce the 75’ buffer to a 10’ buffer to allow for construction of a gas station and two, small retail tenant spaces on the property. The applicant is also requesting reduction in minimum parking from 14 spaces to 9 spaces because of the small size of the lot. LOCATION AND BACKGROUND The property in question is a commercial parcel on the west side of Buford Highway at the corner of Herrington Drive. The front of the property has approximately 150’ of frontage on Buford and approximately 315’ of frontage on Herrington. The property contains an existing commercial building constructed in 1974 which would be torn down to construct the proposed use. Because of the substantial buffer requirement of 75’, the property would be developable only on its southern half, thus significantly constraining the site. 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 a 75’ buffer between commercial and residential zoning districts to mitigate any negative impact of the adjoining uses. Because of the subject property’s small size, the 75’ buffer impacts approximately half of the lot, thus limiting its redevelopment potential. If the buffer requirement were applied, the buildable portion of the site would be reduced from 150 ft. to 75 ft. It would be difficult to develop the property commercially with only 75 ft. of property width. Additionally, the small site restricts the amount of parking that can be provided, thus resulting in the applicant’s request to reduce the number of spaces from 14 to 9. However, it should be noted that the two small retail tenant spaces add to the need for the buffer reduction and the parking variance. Without these tenant spaces, the buffer could be reduced to 50% instead of 85% and there would be no need for a parking variance. It is possible, however, that the two retail spaces are required to make the project financially viable and removing them may make the project unbuildable in that regard. In the letter of intent, the applicants state that the area covered by the 75’ buffer requirement was previously used as parking, albeit unpaved. The buffer area is also not currently vegetated beyond some grass/groundcover. The letter also states that the residential property adjoining this site is approximately 10’ higher in elevation and the applicant proposes to install new privacy fencing and landscaping in the remaining 10’ buffer area to provide screening for the residential property. Also, in the letter of intent, the applicant believes the fuel pump islands should count toward the parking requirement because gas customers are using those spaces to park during fuel purchases. If counted, the fuel parking would increase their parking count to 17. The buffer requirement affects the north and west side of the applicant’s property. However, the variance request for a buffer reduction only applies to the north side of the property because the west side buffer has been met. A statement of opposition (attached) was submitted by the property owner to the west, but no comments were received from the property owner to the north. CONCLUSION After reviewing the applicant’s request and the variance criteria, Staff finds that given the small size of the property, the amount of buffer required for this site could be considered a hardship. Although reducing the scope of the project would decrease the buffer variance and eliminate the parking variance, it might also undermine the viability of the development. Therefore, if the Board considers approval of the variance requests, Staff recommends the following conditions: 1. The property shall be constructed in substantial conformance with the submitted plan dated 1/8/19 by Civil Consulting Engineers, Inc. 2. The 10 ft. buffer adjacent to the residential property to the north shall include a 6 ft. high privacy fence and a landscape buffer consisting of a double staggered row of evergreen plantings at least 6’ in height at the time of planting spaced 15’ apart. 3. The 75 ft. buffer adjacent to the residential property to the west shall include a 6 ft. high privacy fence and a landscape buffer consisting of a double staggered row of evergreen plantings at least 6’ in height at the time of planting spaced 15’ apart. 4. The rear of the proposed building shall be primarily brick with stucco accents in order to match the front. Jeff Conkle From: Rocio Monterrosa Sent: Wednesday, February 6, 2019 4:10 PM To: Jeff Conkle Subject: V2019-001 Jeff, I received a call from Mr. James H. Spruill who is the owner of 2792 Herrington Dr. He stated that he can not make it to the ZBA meeting on the 20th and wanted to let whoever is handling the case that he is opposing this request. Thank you, Rocio Monterrosa Assistant to the City Manager/Deputy Clerk 310 Technology Parkway Peachtree Corners, GA 30092 770‐609‐8819 Direct 678‐691‐1200 City Hall peachtreecornersga.gov 1 View of front along Buford Highway. Neighboring residential property on the right. View of property at the corner of Buford Highway and Herrington Drive  N MUNICIPALITY: MUNICIPALITY ADDRESS: MUNICIPALITY PHONE: Revisions: Building Prototype: Project Number: Project Name: GWINNETT COUNTY C-STORE Project Address: 5211 BUFORD HIGHWAY Project Address: PEACHTREE CORNERS, GA 30071 Client: GENERAL CONSTRUCTION MANAGEMENT, LLC Client Address: 1833 LAWRENCEVILLE HWY Client Address: DECATUR, GA 30033 Date: 6/11/18 Dwg: PRJ1 Civil Consulting Engineers, Inc. IT IS THE CONTRACTORS RESPONSIBILITY TO CONTACT 211 EAST MAIN STREET UTILITY COMPANIES PRIOR TO ANY CONSTRUCTION AS THE LOCATION OF UTILITIES SHOWN ON THIS PLAT ARE Canton, GA 30114 APPROXIMATE AND POSSIBLY INCOMPLETE. THEREFORE CERTIFICATION TO THE LOCATION OF ALL UNDERGROUND 3/5/19 678-462-4072 UTILITIES ARE WITHHELD. CivilConsultingEngineersinc.com Know what'sbelow. Callbefore you dig. SITE PLAN C1 ENGINEER OF RECORD FRONT ELEVATION REAR ELEVATION LEFT SIDE ELEVATION RIGHT SIDE ELEVATION  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT 310 Technology Parkway, Peachtree Corners, GA 30092 Tel: 678.691.1200 | www.cityofpeachtreecornersga.com PROPERTY LOCATION MAP 5211 Buford Highway CASE NUMBER V2019-001 HEARING DATE FEBRUARY 20, 2019 PROPERTY ADDRESS 5211 BUFORD HWY.  V2019-002 3552 Jones Mill Road  City of Peachtree Corners Zoning Board of Appeals March 20, 2019 CASE NUMBER: V2019-002 PROPERTY LOCATION: 3552 Jones Mill Road 6th District, Land Lot 281, Parcel 011 CURRENT ZONING: R-75 PARCEL SIZE: 8.81 acres PROPERTY OWNER: Soren S. (Madden) Thomas APPLICANT: Soren S. (Madden) Thomas REQUEST The applicant is requesting a variance to allow an accessory structure to remain in the front yard of the property and to allow a fence/wall to exceed the maximum 4’ in height when located in a front yard. If approved, the applicant would be able retain the accessory structure and fence/wall in their current condition; both were built without permits. LOCATION AND BACKGROUND The property in question is a large, non-conforming residential parcel at the end of Jones Mill Road, approximately 2000 feet east of Winters Chapel Road. The parcel is non-conforming because it contains two single-family homes on one lot: a smaller one on the western side of the property and a larger one (relevant to this case) on the eastern side. The property has been under enforcement for code violations for approximately the last two years. The larger home and the accessory structure, which is the subject of this variance request, were renovated, expanded, and/or constructed without permits. The accessory structure in question is an open-air pavilion (termed a “gazebo” by the applicant) containing an outdoor fireplace and seating areas under a roof. The pavilion’s columns and fireplace are constructed of brick with asphalt shingles on the roof. The property also has a fence/wall constructed of brick, stone and stucco that is the subject of a variance request. The variance is being requested because the wall exceeds the 4’ height limit in several areas, varying from just a few inches over 4’ to one foot over the 4’ limit. See Staff Exhibit A for an aerial layout of the property. 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 Section 600 of the zoning ordinance permits accessory structures only in the rear yard of residential properties. The location in question is the front yard, directly adjacent to the front property line. In the letter of intent, the applicant states that the street (Jones Mill Road) has not been maintained by the city or county and thus views it as “abandoned.” The applicant further states that the perceived abandonment of the street renders the definition and application of “front,” “side,” or “rear” yards for zoning purposes moot, thus allowing the accessory structure in its current location and the fence/wall to exceed 4’ because it is not in the “front” yard. Jones Mill Road has never been formally abandoned and regardless of this fact, the property has a front yard for zoning purposes. Additionally, maintenance of the area between the pavement and the adjacent private property is the responsibility of the adjacent private property owner, not the city, and failure to maintain it does not constitute abandonment by the city. Sec. 10-346 of the Property Maintenance Code requires “All premises yards and exterior property shall be maintained free from debris, litter, and rubbish, as well as grass and weeds in excess of 12 inches in height. The term 'exterior property' shall include all areas on the property to the edge of street pavement. All noxious weeds shall be prohibited.” The code also defines “exterior property” further as “the open space on the premises and on adjoining property under the control of owners or operators of such premises.” The property’s 8+ acres allow for numerous viable alternative locations for accessory structures which can comply with the zoning ordinance’s location requirement. Additionally, the fence/wall is clearly within the area at the front of the property that limits such structures to 4’ in height. CONCLUSION After reviewing the applicant’s request and the variance criteria, Staff finds that given the property’s large size and multiple alternative ways in which to comply with zoning regulations, a hardship cannot be justified. If the Board does consider approval of the variance requests, Staff recommends the following conditions: 1. The accessory structure shall remain in its current state and shall not be permitted to increase in footprint or height nor otherwise expand. 2. The fence/wall shall remain in its current state and shall not be permitted to increase in height, length, area enclosed, or any other change to the current configuration. 3. The applicant shall submit an engineer’s letter to the City Building Official describing the construction of the accessory structure. The applicant shall also apply for the required building permit(s).  Staff Exhibit A Pavilion Wall Small Home Large Home Property Line  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT 310 Technology Parkway, Peachtree Corners, GA 30092 Tel: 678.691.1200 | www.cityofpeachtreecornersga.com PROPERTY LOCATION MAP 3552 Jones Mill Road CASE NUMBER V2019-002 HEARING DATE MARCH 20, 2019 PROPERTY ADDRESS 3552 JONES MILL RD.