PETITION NUMBER: V15-017

PROPERTY INFORMATION

ADDRESS 13805 Bethany Road

DISTRICT, LAND LOT 2/2 889, 839, 890

OVERLAY DISTRICT RURAL MILTON

EXISTING ZONING AG-1(AGRICULTURAL) ACREAGE 1.1

EXISTING USE SINGLE FAMILY RESIDENTIAL

FUTURE LAND USE AGRICULTURAL/ESTATE/EQUESTRIAN

DESIGNATION

REQUEST(S):

1. To allow a guest house to encroach into the 50 foot rear yard setback (Section 64-416, 2d)

2. To allow a guest house to exceed the maximum size of 1,500 square feet (Section 64-1598, 3)

PETITIONER(S) John and Kim O’Brien

ADDRESS 13805 Bethany Road

Milton, GA 30097

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COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: ANGELA RAMBEAU

678.242.2539

Background:

The site, 13805 Bethany Road, is a single family home located on approximately 1.1 acres. It is located in the

Rural Milton overlay, and is zoned AG-1.

John and Kim O’Brien have purchased the property, which includes a 1,176 square foot farmhouse built in

1900 and partially remodeled in 2007. The applicant states that the house does not have most of the amenities

that surrounding homes in the area have, such as a garage and guest room, etc. The Obrien’s do not want to

enlarge the house, which would destroy its original character. Instead, they propose to build an accessory

building which will be used as a studio, garage and guest house. The 2,319 square foot building is proposed to

go behind the existing house, encroaching 15 feet into the rear setback. (The frontage of Bethany Way is the

‘front’ yard, with the rear yard parallel to this. The Bethany Road frontage is the side corner setback).

Section 64-416, 2d states that the minimum rear yard is 50 feet. No structures are too be located in this setback.

Section 64-1598,3 states that the maximum square footage of a guest house is 1,500. Since the proposed

structure encroaches 15 feet into the rear setback, and exceeds the 1,500 square foot maximum, a variance is

required.

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DESIGN REVIEW BOARD (DRB) COURTESY REVIEW:

On May 5, 2015, the DRB offered the following comments:

Gravel drive to remain gravel.

Maintain the rural viewshed.

ADDITIONAL DEPARTMENT COMMENTS

The staff held a Focus Meeting on May 6, 2015, at which the following comments were provided:

SITE PLAN REVIEW

STAFF CONTACT JIMMY SANDERS

678.242.2543

No comments.

ARCHITECT

STAFF CONTACT ROBERT BUSCEMI

678.242.2607

Staff has met with the applicant. The style of the

house complies with the Crabapple form based

code overlay. The rural viewshed should be

maintained.

ARBORIST

STAFF CONTACT MARK LAW

678.242.2552

No comments.

DOT/STORMWATER

STAFF CONTACT SARAH LEADERS

678.242.2559

No comments.

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Standards for Consideration:

The approval of a variance is based on the following consideration(s):

Relief, if granted would not offend the spirit or intent of the Ordinance.

There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of

property that the literal or strict application of the Ordinance would create an unnecessary hardship due

to size, shape or topography or other extraordinary and exceptional situations or conditions not caused

by the variance applicant.

Relief, if granted would not cause a substantial detriment to the public good and surrounding properties.

That the public safety, health and welfare are secured, and that substantial justice is done.

The applicant response:

The property is an irregularly shaped lot with an existing home. We would like to encroach on the rear setback

so our garage/studio would be sited perpendicular to the existing home and in close proximity. This would be

the most architecturally desirable placement of the structure, and there are no trees to remove in the proposed

area. The homes on either side of our property would not be affected.

The staff response:

The City of Milton applauds the applicant on maintaining the original character of the existing house. The new

structure will complement the existing home, without overwhelming it, while giving the O’Brien’s the space

that they need. The triangular shaped lot and several specimen trees limit where the new structure can be

located.

Recommended conditions:

Should the Board choose to approve the above petition, Staff recommends the following conditions:

Approval per the site plan by Daniels Studio, dated January 9, 2015.

Materials and style of the new structure shall be compatible with the existing house.

The structure shall include a pergola over the proposed patio.

Maintain the gravel drive.

Staff recommendation:

Staff recommends approval with conditions of the two requested variances.

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LETTER OF APPEAL

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PETITION NUMBER: V15-021

PROPERTY INFORMATION

ADDRESS 12994 Alpharetta Highway

DISTRICT, LAND LOT 2/2 1042,1047

OVERLAY DISTRICT HIGHWAY 9

EXISTING ZONING T-4 ACREAGE .609

EXISTING USE COMMERCIAL/RETAIL

FUTURE LAND USE MIXED USE

DESIGNATION

REQUEST(S):

To allow two non-illuminated wall murals/signs

To allow two additional illuminated wall signs for a total of 4

To allow an internally illuminated ground sign

PETITIONER(S) Dominic Serra

Grimail Crawford Inc.

ADDRESS 3650 Mansell Road, Suite 495

Alpharetta, GA 30022

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COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: ANGELA RAMBEAU

678.242.2539

Background:

The site, 12996 Alpharetta Highway is an out parcel in the Shops at Windward Village shopping center. It

consists of .609 acres and is zoned t-4.

Del Taco is proposing an approximately 2,442 square foot restaurant for the site. The applicant is requesting

additional signage for the building. First, they are asking for two non-illuminated decorative art murals. The

applicant states that the words will help describe the experience of the brand by using the words, “fresh” and

“flavor”. The next request is for a third illuminated ‘Del Taco’ wall sign and two marquee signs that count as

wall signs. Two wall signs are currently allowed. They want to have a sign exposure for both north and south

bound traffic on Highway 9 and from across the street. Lastly, the applicant requests an illuminated ground

sign.

Section 64-64-2324, i states that each place of business in the Highway 9 Overlay is allowed a maximum of two

wall signs. Del Taco is requesting three regular illuminated wall signs-- one each on the north, east and south

elevations, two marquee signs—one over the door on the north elevation, and one over the drive through

window on the south elevation, and two painted wall murals—one on the south elevation, and one on the

north elevation. This would be a total of seven wall signs; two non-illuminated and 5 illuminated. Section 64-

2324, t states that monument signs shall be externally illuminated. Del Taco is requesting an internally

illuminated ground sign. Due to these requests, variances are required.

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DESIGN REVIEW BOARD (DRB) COURTESY REVIEW:

On June 2, 2015, the DRB offered the following comments:

We should not vary from the Ordinance. …it won’t hurt Del Taco’s business.

The murals will break up the façade.

The Board supports the non-illuminated wall murals.

Because the area where the sign is located is so small, adding external lights will cause

shadows, etc. The light may shine in your face. May cause safety issues.

The Board does not support the two ‘marquee’ signs, including the sign over the drive

through. You can’t see it from the road.

ADDITIONAL DEPARTMENT COMMENTS

The staff held a Focus Meeting on June 3, 2015, at which the following comments were provided:

SITE PLAN REVIEW

STAFF CONTACT JIMMY SANDERS

678.242.2543

No comments.

ARCHITECT

STAFF CONTACT ROBERT BUSCEMI

678.242.2607

No comments.

ARBORIST

STAFF CONTACT MARK LAW

678.242.2552

No comments.

DOT/STORMWATER

STAFF CONTACT SARAH LEADERS

678.242.2559

No comments.

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Standards for Consideration:

The approval of a variance is based on the following consideration(s):

Relief, if granted would not offend the spirit or intent of the Ordinance.

There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of

property that the literal or strict application of the Ordinance would create an unnecessary hardship due

to size, shape or topography or other extraordinary and exceptional situations or conditions not caused

by the variance applicant.

Relief, if granted would not cause a substantial detriment to the public good and surrounding properties.

That the public safety, health and welfare are secured, and that substantial justice is done.

The applicant response:

Del Taco is a new brand to this community and customers are not as familiar to the brand. The murals are

decorative and consistent in color and look. It is necessary to have a wall sign exposure for both North and

South bound traffic on GA Highway 9 and from across the street in order for customers and delivery person to

locate and access the unfamiliar new building. The combination of the existing trees running along Highway 9

and the landscape requirements for the site itself, poses a significant disadvantage for Del Taco. The site will

not only be competing with the existing foliage, but as the area continues to grow, any new proposed building

next to the business will pose just another hurdle for visibility on the major right of way. The site also sits

lower to the main right of way, further impairing the visibility from the right of way.

If the sign face is non-illuminated, it will distort the specific colors of the brand and compromise the national

recognized trademark. To not allow Del Taco the same advantage of their neighbors, as well as similar style

restaurants along the same highway, can potentially have ill effects on the restaurant’s growth and

maintainability.

The staff response:

Staff is of the opinion that two wall signs are sufficient to identify the building. None of the other out parcel

buildings has three wall signs. The two painted wall murals will add color to the building, but will not

necessarily help with business identification. The marquee signs cannot be seen from the road. The existing

vegetation does not affect the necessity of these additional signs. An internally illuminated ground sign would

be consistent with existing ground signs in the area. The applicant would not have to worry about the direction

and maintenance of external lighting.

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Recommended conditions:

Should the Board choose to approve the above petition, Staff recommends the following conditions:

Staff has no conditions at this time.

Staff recommendation:

Staff recommends the following:

1. Approval of the two non-illuminated wall murals.

2. Denial of the 3rd

Del Taco wall sign.

3. Denial of the two ‘marquee’ signs.

4. Approval of the internally illuminated ground sign.

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LETTER OF APPEAL

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