Zoning Board of Appeals

ZONING BOARD OF APPEALS MEETING MINUTES SUMMARY Stonecrest City Hall - 6:30 PM *Spoke-in-Person Meeting June 20, 2023 ____________________________________________________________________________________________ As set forth in the Americans with Disabilities Act of 1990, the City of Stonecrest will assist citizens with special needs given notice (7 working days) to participate in any open meetings of the City of Stonecrest. Please contact the City Clerk’s Office via telephone (770-224-0200). I. Call to Order Commissioner Michael Armstrong called the meeting to order 6.06 pm. II. Roll Call Chairman Michael Armstrong (District 4) called the roll. Ms. Kelly Ross (District 1), Ms. Gwendolyn Green (District 2), Ms. Sonja Hicks (District 3) and Mr. Shedrick Harris (District 5) were present. There was a quorum. The Planning & Zoning Director - Ray White, Deputy Director – Matthew Williams and Planner - Abeykoon Abeykoon were present. Attorney Alicia Thompson, Fincher Denmark, LLC, virtually attended. III. Approval of the Agenda Need: IV. Minutes: Commissioner Michael Armstrong called for a motion. The Zoning Board of Appeals Meeting Minutes Summary dated November 15, 2022, was called for a motion to approve the Zoning Boards of Appeals Meeting Minutes Summary dated November 15, 2022. Sonja Hicks (District 3) motioned to APPROVE. Ms. Kelly Ross (District 1) seconded the motion. The motion was unanimously APPROVED. V. Presentations: Upcoming Cases Presented by Mr. Matthew Williams, Deputy Director V-23-002 V-23-003 VI. Old Business: Commissioner Michael Armstrong called for a motion. The Zoning Board of Appeals Meeting Minutes Summary dated January 18, 2020, was called for a motion to approve the Zoning Boards of Appeals Meeting Minutes Summary dated January 18, 2020,. Mr. Shedrick Harris (District 5) was motioned to APPROVE. Ms. Sonja Hicks (District 3) seconded the motion. The motion was unanimously APPROVED Commissioner Michael Armstrong called for a motion. The Zoning Board of Appeals Meeting Minutes Summary dated February 21, 2023, was called for a motion to approve the Zoning Boards of Appeals Meeting Minutes Summary dated November 15, 2022. Ms. Kelly Ross (District 1), motioned to APPROVE. Ms. Gwendolyn Green (District 2), seconded the motion. The motion was unanimously APPROVED Zoning Board of Appeals Meeting Minutes Summary 06-20-2023 -|Page 1 of 13 VII. New Business LAND USE PETITION: V-23-002 PETITIONER: Natosha Monette LOCATION: 7171 Browns Mill Road, Stonecrest, Georgia 30038 CURRENT ZONING: R-85 (Residential Medium Lot) OVERLAY DISTRICT: Arabia Mountain Overlay District PROPOSED DEVELOPMENT: To reduce the 40’ front setback to a minimum of 10% (4feet) or maximum of 25% (10 feet). The Planning & Zoning, Deputy Director – Matthew Williams Presented V-23-002. “First case is V-23-008. The Address is 7171 Brown’s Mill Road. The petitioner requested to reduce the 40’ front setback to a minimum of 10% (4 feet) or maximum of 25% (10 feet). It is in council District 5 and councilwomen Tammy Grimes. Zoning of the property is R -85 and it also within the Arabian mountain overlay district.” Overlay and Underline Zoning Districts of the property. “Future land use of the area is suburban. The intent of the Suburban Neighborhood character area is to recognize those areas of the city that have developed in traditional suburban land use patterns while encouraging new development to have increased connectivity and accessibility.” Zoning Board of Appeals Meeting Minutes Summary 06-20-2023 -|Page 2 of 13  Future Land use of the area “The subject property is triangular in shape. Areal map and the Areial image shows the characteristics of the area.” Areal map and the areal image of the area Zoning Board of Appeals Meeting Minutes Summary 06-20-2023 -|Page 3 of 13  “Site plan shows that property has a circular dive way and property developed towards the rear. The applicant had provided more details of the development.” Site plan of the property “The proposed changers are; Petitioner’s Stated Hardship, it is the Unusual shape of property. Property is triangular in shape. There is also an easement on the southern portion of the property which has existing power lines. The Zoning Ordinance that applicant seek the releasement is Sec. 3.4.9 Development Standards. According to the standards the front Yard Setback: 20 feet. Petitioner’s Request to reduce front setback from 40 feet to minimum of 4 feet or maximum of 10 feet. Zoning Ordinance (Chapter 27) Article 2 – OVERLAY DISTRICT REGULATIONS DIVISION 4. - ARABIA MOUNTAIN CONSERVATION OVERLAY DISTRICT Sec. 3.4.9. - Development standards. Sec. 3.4.9. - Development standards. There shall be no impervious surfaces with in the 75 foot stream buffer. All dwelling units shall be provided convenient access to all green space throughout the development via pedestrian paths or trails. A.Conservation Communities (residential/subdivisions). Zoning Board of Appeals Meeting Minutes Summary 06-20-2023 -|Page 4 of 13  Maximum density: Eight dwelling units to the acre of total land area excluding undevelopable areas listed below: 1.Streams and stream buffers. 2.Wetlands. 3.Rock outcroppings. 4.Slopes steeper than 1:2 slope. 5.Sites of archaeological significance. 6.Floodplains. 7.Areas intended to be dedication for right of way. Minimum lot width: 70 feet as measured from the front building setback line; except for a lot on a cul-de-sac, which shall have a measurement of 35 feet. Minimum lot area: 7,500 square feet, except that each lot on the periphery of the development is at least 10,000 square feet. Minimum side-yard setback: Ten feet. Maximum single-family dwelling lot coverage: 50 percent Greenspace: 30 percent of the total land area must be designated greenspace. 65 percent of the greenspace should be in a contiguous tract. Green space may consist of: 1.Natural undisturbed areas. 2.Passive recreational areas. 3.Trails and Green ways. 4.Bikeways and paths. 5.Mature wooded areas. Greenspaces shall be preserve and maintained by one of the following: 1.Establishment of a mandatory home owner's association (HOA) to own and maintain the common green space. 2.Dedication of legally described and platted "greenspace" to a land trust. Minimum building setback adjacent to public or private street(s): •From thoroughfares, arterials and collectors: 30 feet. •Local streets: 20 feet. B.Road Specifications. All roads shall be built in accordance with Chapter 14. In the event of a conflict, the provisions of this section shall control. The design of the streets must be designed as noted below with the approval of the City Engineer: 1.Minimal amount of cul-de-sac streets by providing more than one entrance to the to the development and interconnect streets as much as possible. 2.Cul-de-sac streets must minimize the amount of impervious surface by limiting the internal radius to 35 feet and the width of the paved lane to 16 feet. Use grass and vegetation for the inner circle of turn-arounds, rather than paving the whole area. Declare the HOA responsible for the maintenance of the grassy area in the neighborhood bylaws. 3.Omit curbs where possible. 4.As an alternative to curbs and gutters, allow run off from roofs and pavements to pass immediately through grass swales or infiltration basins. Use plant materials that will absorb rainwater and act as a natural filter to oil and pollution. 5.Provide marked, paved paths for non-vehicular traffic with in the development and connecting neighboring residential and commercial areas. C.Buffer Requirements. An exterior boundary buffer is required (per community/subdivision). The land area designated to the exterior buffer may be used as part of the required greenspace. The buffer area shall not be included as part of any platted residential lot within the community/subdivision. Zoning Board of Appeals Meeting Minutes Summary 06-20-2023 -|Page 5 of 13  STAFF ANALYSIS Following are the specific variance considerations listed in Sec 7.5.3 of the Stonecrest Zoning Ordinance that must be considered by the Board of Zoning Appeals to grant a variance. These considerations include: A. By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by reason of exceptional topographic and other site conditions (such as, but not limited to, floodplain, major stand of trees, steep slope), which were not created by the owner or applicant, the strict application of the requirements of this chapter would deprive the property owner of rights and privileges enjoyed by other property owners in the same zoning district. There are exceptional site conditions, due to the size and shape of the subject property. The submitted survey depicts a triangular shaped parcel which was not created by the owner or applicant. The strict application of the requirements of this chapter would deprive the property of rights and privileges enjoyed by other property owners in the same zoning district. B. The requested variance does not go beyond the minimum necessary to afford relief and does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the zoning district in which the subject property is located. Granting the variance would not go beyond the minimum necessary to afford relief and does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the zoning district in which the subject property is located. C. The grant of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zoning district in which the subject property is located. The granting of this variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zoning district in which the subject property is located. D. The literal interpretation and strict application of the applicable provisions or requirements of this chapter would cause undue and unnecessary hardship. The literal interpretation and strict application of the applicable provisions or requirements of this chapter would cause an undue and unnecessary hardship. E. The requested variance would be consistent with the spirit and purpose of this chapter and the Stonecrest Comprehensive Plan text. The requested variance would be consistent with the spirit and purpose of this chapter and the comprehensive plan. STAFF RECOMMENDATION Based on the findings and conclusions, it appears the applicant meets all the criteria for granting the variance. Therefore, staff recommends APPROVAL of V23-002. Chairman Michael Armstrong asked for a motion to open public hearing. Gwendolyn Green (District 2) motioned to open the public hearing. Mr. Shedrick Harris (District 5) seconded the motion. The vote was unanimously approved. Chairman Armstrong asked those in support to speak. Daniel Monette- Husband of the applicant: Thank for the approval. Gwendolyn Green (District 2): Ask whether the applicant schedule to build a single-family home. Zoning Board of Appeals Meeting Minutes Summary 06-20-2023 -|Page 6 of 13  Daniel Monette- Husband of the applicant: says that they schedule to build a single family home. Shedrick Harris (District 5) : Ask whether the variance they request course them to closer to the street. Daniel Monette- Husband of the applicant says that due to the triangular shape of the property they do not have a backyard. For to build a house they need to come forward where the long shape of the house would be. Ms. Sonja Hicks (District 3) question about the Hardship of the land that mentioned in Staff recommendation number four (4). Daniel Monette- Husband of the applicant: said that the hardship is super smallness of the house compare to surrounding buildings due to the setback of power company and the setback of Stonecrest. Applicant mentioned that they have only one particular corner that they allow to be building. Ms. Sonja Hicks (District 3) asked the staff that; when the applicant move the setback little closer to main road, what are the issues may raise and whether there is an a impact to road expansion or future road developments. The Planning & Zoning Director - Ray White answer the issue and mentioned that. Right away still has to be appropriate standards. Variance is allowed for adjustment, and it will not be an issue for this particular case. The impacting road is an arterial road. The city Engineer who is responsible for the Transportation Development also review the variance. Chairman Armstrong asked those in support to speak. There were none. Chairman Hubbard asked those in opposition to speak. There were none. Chairman Michael Armstrong asked for a motion. Kelly Ross (District 1)) motioned to RECOMMEND APPROVAL OF PETITION V23-002. Ms. Sonja Hicks (District 3) seconded the motion. The vote was unanimously APPROVED. Zoning Board of Appeals Meeting Minutes Summary 06-20-2023 -|Page 7 of 13  LAND USE PETITION: V-23-003 PETITIONER: Elliott Fried with Complete Permitting Services, LLC. LOCATION: 6397 Leverett Drive, Stonecrest, Georgia 30038 CURRENT ZONING: R-85 (Residential Medium Lot) OVERLAY DISTRICT: Arabia Mountain Overlay District PROPOSED DEVELOPMENT: Requesting a variance to reduce heated square footage requirement in the R-85 zoning district from 1800 square feet to 1330 square feet. The Planning & Zoning, Deputy Director – Matthew Williams Presented V-23-003. “The Next case is V-23-003. The Address is 6397 Leverett Drive. The petitioner for this case is Elliott Fried with Complete Permitting Services, LLC. Applicant requests a variance to reduce the heated square footage requirement in the R-85 zoning District from 1800 square feet to 1330 square feet. This is in district five which is council women Tammy Grimes. Parcel belongs to R-85 underline zoning and Arabian Mountain Overlay District. Overlay and Underline Zoning Districts of the property. Zoning Board of Appeals Meeting Minutes Summary 06-20-2023 -|Page 8 of 13  The future land use for the area is sub-Urban. Future Land use of the area Areal Map depict the subject site and shows that it is a vacant property withing the existing driveway. Areal image shows the large subdivision. Areal map and the areal image of the area Zoning Board of Appeals Meeting Minutes Summary 06-20-2023 -|Page 9 of 13  Survay to the property shows the existing drive way and the vacant land with the building outline. The next site plan shows the proposed home, garade to the right and patio to the rear. Some of the site detais; lot is about 0.3 acres, Minimum lot area is 12,000 square feet, Minimum floor area is 1,800 square feet and the maximum building hight is 35 feet. Applicant proposed changers because the lot is non-conforming and oddly shaped. According to the Zoning ordinance “Sec 2.2.1- Dimensional Requirements” minimum heated floor area is 1800 sq ft and petitioner request to reduce the heated floor area to 1330 sq ft. Zoning Ordinance (Chapter 27) Article 2 – District Regulations DIVISION 2. - RESIDENTIAL ZONING DISTRICTS: DIMENSIONAL REQUIREMENTS Sec. 2.2.1. Dimensional requirements. Dimensional requirements, such as overall site requirements, individual lot dimensions, and setbacks for residential zoning districts are established in Table 2.2, Residential Zoning Districts Dimensional Requirements. Residential infill development may also be subject to compatibility regulations as specified in sections 5.2.3 and 5.2.4. Table 2.2. Residential Zoning Districts Dimensional Requirements Residential Single-Family Zoning Districts KEY: Housing Types: SF: Single-Family, TF: Two-Family, TRF: Three-Family, MF: Multifamily Character Areas: RC: Regional Center, TC: Town Center, NC: Neighborhood Center, SUB: Suburban Element RE RLG R-100 R-85 R-75 R-60 MHP RNC* Lot Dimensions (minimum) * Lot area 43,560 (1 20,000 15,000 12,000 10,000 6,000/3,5 Parks: 20 (square acre) 00 acres feet) cottage Lots: 4,000 * Lot 150 65 100 85 75 60 Parks: width, 400 Lots: street 50 frontage (feet) * Lot width 150 65 100 85 75 60 N/A at Zoning Board of Appeals Meeting Minutes Summary 06-20-2023 -|Page 10 of 13  building line (feet) * Lot width 35 35 35 35 35 35 N/A fronting cul-de- sac (feet) * Lot 25 30 35 35 35 35 N/A coverage (maximu m percent) Building Setbacks (minimum) Subject to article 5 of this chapter, Averaging Requirements Front 60 70 50 50 45 30 Parks: * thorough 250 Lots: fares 10 (feet) * Front 50 60 40 40 35 20 150 arterials (feet) * Front 45 55 35 35 30 If 100 collector RC/TC/NC and all : 15 If other SUB: 20 streets (feet) * Front N/A 25 25 25 25 10 Parks: with alley N/A Lots: access 10 (feet) * Side - 20 10 10 8.5 7.5 7.5 Parks: 50 interior Lots: 7.5 building setback (feet) STAFF ANALYSIS Following are the specific variance considerations listed in Sec 7.5.3 of the Stonecrest Zoning Ordinance that must be considered by the Board of Zoning Appeals to grant a variance. These considerations include: F. By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by reason of exceptional topographic and other site conditions (such as, but not limited to, floodplain, major stand of trees, steep slope), which were not created by the owner or applicant, the strict application of the requirements of this chapter would deprive the property owner of rights and privileges enjoyed by other property owners in the same zoning district. There are no exceptional site conditions G. The requested variance does not go beyond the minimum necessary to afford relief and does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the zoning district in which the subject property is located. Granting this variance would not go beyond the minimum necessary to afford relief and does not constitute granting special privilege inconsistent with the limitations upon other properties in the zoning district in which the subject property is located. Zoning Board of Appeals Meeting Minutes Summary 06-20-2023 -|Page 11 of 13 H. The grant of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zoning district in which the subject property is located. The granting of this variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zoning district in which the subject property is located. I. The literal interpretation and strict application of the applicable provisions or requirements of this chapter would cause undue and unnecessary hardship. The literal interpretation and strict application of the applicable provision or requirement of this chapter would not cause an undue and unnecessary hardship on the applicant’s request. J. The requested variance would be consistent with the spirit and purpose of this chapter and the Stonecrest Comprehensive Plan text. The requested variance would be consistent with the spirit and purpose of this chapter and the comprehensive plan. STAFF RECOMMENDATION Based on the findings and conclusions, it appears that the applicant meets the criteria for granting a variance. Therefore, staff recommends APPROVAL of V23-003. Chairman Michael Armstrong asked for a motion to open public hearing. Gwendolyn Green (District 2) motioned to open the public hearing. Mr. Shedrick Harris (District 5) seconded the motion. The vote was unanimously approved. Chairman Armstrong asked applicant for address the gathering. Chairman Armstrong asked those in support to speak. MS Browns – Home owner: Thank for the approval. Chairman Armstrong asked those in against to speak. Chairman Michael Armstrong asked for a motion to close the public hearing. Gwendolyn Green (District 2) motioned to open the public hearing. Ms. Kelly Ross (District 1) seconded the motion. The vote was unanimously approved. Chairman Michael Armstrong asked for a motion. Kelly Ross (District 1)) motioned to RECOMMEND APPROVAL OF PETITION V23-003. Mr. Shedrick Harris (District 5) seconded the motion. The vote was unanimously APPROVED. Zoning Board of Appeals Meeting Minutes Summary 06-20-2023 -|Page 12 of 13