Zba Packet 17APR2013 Small1

7/28/2019 Zba Packet 17APR2013 Small1

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Zoning Board of Appeals Public HearingApril 17, 2013 7 pm

Case: ZBA13-047


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Case: ZBA13 047Location: 2684 North Thompson Road, Brookhaven, GA 30319

Tax Parcel #18-242-02-020Property Owner/Applicant: Reiner Rietig of HSC Intown, LLCRequest: To allow for a required rear yard reduction of five feet, from 40 feet

to 35 feet.

DESCRIPTION

The site has a proposed single family home located at 2684 North Thompson Road, on the westside of North Thompson Road, approximately 150+feet south of the intersection with ValverdereDrive. The property is zoned R-75 (Single family residence district) and borders properties zoned

R-75 (to the north, south, east and west). The applicants request is to reduce the required rear yardsetback from 40 feet by 35 feet, a reduction of 12.5%.

SITE PLAN AND SITE ANALYSIS

The lot on which the proposed home would be built totals 0.224 acres +/-. The area is zoned R-75and has 89.68 feet of street frontage along North Thompson Road. The rear property line has alength of just 60.00 feet, which illustrates that the lot gets narrower moving front to back. The

The applicant seeks a variance to a development standard. Consideration of this request should bemade under the terms of the following criteria, found in the city Zoning Ordinance:

Sec. 27-916. - Criteria to be used by the board in deciding applications for variances andspecial exceptions.

Noreliefmaybegrantedoractiontakenunderthetermsofthisdivisionunlesssuchreliefcanbe


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No relief may be granted or action taken under the terms of this division unless such relief can begranted without substantial detriment to the public good and without substantial impairment of theintent and purpose of this chapter and the comprehensive plan text. The zoning board of appealsshall apply the following criteria to the types of applications specified below as follows:

(a) Variances from the provisions or requirements of this chapter shall be authorized only upon

making all of the following findings:

(1) By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by reason of exceptional topographic conditions, which were not created by the owner or applicant, the strictapplication of the requirements of this chapter would deprive the property owner of rights andprivileges enjoyed by other property owners in the same zoning district;

Staff Comment:

There would be no property rights nor loss of utility or enjoyment of the property were the requestto be denied. However, the lot does get narrower toward the back of the lot, which does impactthe buildable area. There is also a prevalent trend of newer, larger homes being built nearby,which is consistent with the character of the neighborhood.

(2) The requested variance does not go beyond the minimum necessary to afford relief, and does

(4) The literal interpretation and strict application of the applicable provisions or requirements of this chapter would cause undue and unnecessary hardship, not merely impose acasual/discretionary inconvenience upon the applicant or his/her assigns; and

Staff Comment:

Theliteral interpretationandstrictapplicationoftheaveragesetbackprovisionisnotahardship


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The literal interpretation and strict application of the average setback provision is not a hardship,and yet the code requirement is more than an inconvenience to the applicant, who would have toredesign the architecture and site layout of the lot.

(5) The requested variance would be consistent with the spirit and purpose of this chapter and theDeKalb County Comprehensive Plan text.

Staff Comment:

The requested variance has very little to no impact on the terms of the Comprehensive Plan.

RECOMMENDATION

Staff recommends the Board view the application favorably, and if approved, further suggests the

following conditions:1. Development of the lot shall occur in substantial accordance with the site plan submitted

to the Community Development Department, which is attached to this report.2. The granting of this variance is to accomplish the completion of the proposed new home

depicted in the attached development plans, and is not to be considered a blanketvariance to any/all future construction on the property.


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Case: ZBA13-048Location: 1258 Windsor Parkway, Brookhaven, GA 30319


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y, , Tax Parcel #18-275-14-002

Property Owner/Applicant: EPPS Heritage Investments LLDCRequest: To reduce the required lot width from 90 feet to 73 feet, the

required lot area from 10,000 square feet to 8,477 square feet, the

required yard adjacent to a public street from 30 feet to 20 feet,the required rear yard from 40 to 30 feet, and the requirementthat corner lots located within subdivisions have an extra 15 feetof width.

DESCRIPTION

The site is Lot 2 of a proposed four-lot subdivision which encompasses 1258 Windsor Parkway,on the northwest corner of Windsor Parkway and Cates Avenue. The property is zoned R-75(Single family residence district) and borders property zoned R-75 (to the north and west) andWindsor Parkway (to the south) and Cates Avenue (to the west). The applicants request is toreduce the required lot width from 90 feet to 73 feet, the required lot area from 10,000 square feetto 8,477 square feet, the required yard adjacent to a public street from 30 feet to 20 feet, therequired rear yard from 40 to 30 feet, and the requirement that corner lots located within

(a) Lot width: All lots shall have at least seventy-five (75) feet of frontage as measured along

the public street frontage.

(b) Minimum lot area: Ten thousand (10,000) square feet.

(c) Minimum yard adjacent to public street: Thirty (30) feet.

(e) Rear yard: Forty (40) feet.


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Sec. 14-257. - Corner lots.

Corner lots for residential use in a subdivision shall have an extra width of not less than fifteen(15) feet more than required for interior lots by the zoning ordinance for the zoning districtwithin which they are located in order to provide appropriate front building setback from andorientation to both streets.

ANALYSIS

Maintaining lot widths, lot areas, and required yards is an important zoning requirement forpreserving the character and scale of a neighborhood. Through the buffering technique of distancing, these tools also helps to preserve privacy between neighbors and to leave an appropriate

amount of open space within a community. Each zoning district makes specific allowances forwhat distances and areas are required in that district. However, because so many of the lots in thisneighborhood are non-conforming for both lot width and lot area, creating this four lot project atthis location will ensure the eventual development of the lots is more in keeping with thesurrounding character of the neighborhood.

CRITERI A TO BE USED BY THE BOARD

application of the requirements of this chapter would deprive the property owner of rights andprivileges enjoyed by other property owners in the same zoning district;

Staff Comment:

The proposed lots are actually wider than most if not all of the surrounding non-conforming lotsthat front Cates, Victoria, Francis & Mae Avenues. Loss of property rights and loss of utility orenjoyment of theproperty similar to the emerging neighborhood development trend may result


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enjoyment of the property similar to the emerging neighborhood development trend may resultshould the request be denied. There is a prevalent trend of newer, larger homes being built nearbyon existing non-conforming lots of record.

(2) 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 inthe zoning district in which the subject property is located;

Staff Comment:

The requests are the minimum necessary to complete the project proposed on the supplied siteplan. The requested variance is to build the proposed home on a lot which does not have theminimum required width or area, within a proposed 20-foot side yard setback and a 30-foot footrear yard setback. Although the use proposed will be conforming, these development metrics areless restrictive than the area and distance employed in all standard lot development in the R-75district, but in keeping with the emerging neighborhood.

(3) The grant of the variance will not be materially detrimental to the public welfare or injuriousto the property or improvements in the zoning district in which the subject property is located;

(5) The requested variance would be consistent with the spirit and purpose of this chapter and theDeKalb County Comprehensive Plan text.

Staff Comment:

The requested variance has no known impact on the terms of the Comprehensive Plan. RECOMMENDATION


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Staff recommends the Board view the application favorably, and if approved, further suggests thefollowing conditions:

1. Development of the required subdivision plat and subsequent building plans shall occur

in substantial accordance with the site plan submitted to the Community DevelopmentDepartment, dated Received April 5, 2013, attached to this report. (Prepared by LandDevelopment Surveryors, Inc. dated 2/27/13).

2. The granting of this variance is to accomplish the completion of the proposed new homesubdivision project depicted in the attached development plans, and is not to beconsidered a blanket variance to any/all future construction on the property.


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Case: ZBA13-049Location: 1254 Windsor Parkway, Brookhaven, GA 30319

Tax Parcel #18-275-14-001


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required lot area from 10,000 square feet to 8,184 square feet, and

the required rear yard from 40 feet to 35 feet.

ITEM DESCRIPTION

The site is Lot 3 of a proposed four-lot subdivision which encompasses 1254 Windsor Parkway. The lot in question is proposed to be located on the west side of Cates Avenue, approximately 110feet north of its intersection with Windsor Parkway. The property is zoned R-75 (Single familyresidence district) and borders property zoned R-75 on all sides. The applicants request is madeto complete a four-lot subdivision and construct four new single family homes on each lot. Thespecific requests are to reduce the required lot width from 75 feet to 65 feet, the required lot areafrom 10,000 square feet to 8,184 square feet, and the required rear yard from 40 feet to 35 feet.

SITE PLAN ANALYSIS AND SITE ANALYSIS


ANALYSIS

Maintaining lot widths, lot areas, and required yards is an important zoning requirement for

preserving the character and scale of a neighborhood. Through the buffering technique of distancing, these tools also helps to preserve privacy between neighbors and to leave an appropriateamount of open space within a community. Each zoning district makes specific allowances forwhatdistancesandareasarerequiredinthatdistrict However becausesomanyof thelotsinthis


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what distances and areas are required in that district. However, because so many of the lots in thisneighborhood are non-conforming for both lot width and lot area, creating this four lot project atthis location will ensure the eventual development of the lots is more in keeping with thesurrounding character of the neighborhood.


The applicant seeks a variance to a development standard. Consideration of this request should bemade under the terms of the following criteria, found in the city Zoning Ordinance:



(a) Variances from the provisions or requirements of this chapter shall be authorized only uponki ll fth f ll i fi di

(2) The requested variance does not go beyond the minimum necessary to afford relief, and doesnot constitute a grant of special privilege inconsistent with the limitations upon other properties inthe zoning district in which the subject property is located;

Staff Comment:

The requests are the minimum necessary to complete the project proposed on the supplied siteplan. The requested variance is to build the proposed home on a lot which does not have theminimumrequiredwidthorarea withinaproposed35-foot rearyardsetback Althoughtheuse


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minimum required width or area, within a proposed 35foot rear yard setback. Although the useproposed will be conforming, these development metrics are less restrictive than the area anddistance employed in all standard lot development in the R-75 district, but in keeping with theemerging neighborhood.


Staff Comment:

Granting the variance would not be detrimental to the surrounding properties because of theconsistent manner in which setbacks are applied with relation to existing development; the request

essentially matches the emerging neighborhood character.


Staff Comment:

1. Development of the required subdivision plat and subsequent building plans shall occurin substantial accordance with the site plan submitted to the Community DevelopmentDepartment, received April 5, 2013, attached to this report. (Prepared by LandDevelopment Surveyors, Inc. dated 2/27/13).

2. Lot 3 shall be required to include a 10 no access easement along the Antioch Road

property frontage to preclude a through lot, which is prohibited by Code. The required noaccess easement shall be included on the recorded subdivision plat.3. The granting of this variance is to accomplish the completion of the proposed new home

subdivision project depicted in the attached development plans, and is not to be


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considered a blanket variance to any/all future construction on the property.


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Zoning Board of Appeals Public Hearing

April 17, 2013 7 pm

Case: ZBA13-04ALocation: 1250 Windsor Parkway, Brookhaven, GA 30319

Tax Parcel #18-275-14-003Property Owner/Applicant: EPPSHeritageInvestmentsLL DC


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Applicant: EPPS Heritage Investments LL DCRequest: To reduce the required lot width from 90 feet to 73 feet, the

required yard adjacent to a public street from 30 feet to 20 feet,

the required rear yard from 40 to 30 feet, and the requirementthat corner lots located within subdivisions have an extra 15 feetof width.

DESCRIPTION

The site is Lot 1 of a proposed four-lot subdivision which encompasses 1250 Windsor Parkway,

on the northeast corner of Windsor Parkway and Antioch Drive. The property is zoned R-75(Single family residence district) and borders property zoned R-75 (to the west, north, east andsouth), and R-A5 (Single family Residential District) to the southwest (across Windsor Parkway).

The applicants request is to reduce the required lot width from 90 feet to 73 feet, the required yardadjacent to a public street from 30 feet to 20 feet, the required rear yard from 40 to 30 feet, and therequirement that corner lots located within subdivisions have an extra 15 feet of width.

(a) Lot width: All lots shall have at least seventy-five (75) feet of frontage as measured along

the public street frontage.

(c) Minimum yard adjacent to public street: Thirty (30) feet.


Sec. 14-257. - Corner lots.

Corner lots for residential use in a subdivision shall have an extra width of not less than fifteen(15) feet more than required for interior lots by the zoning ordinance for the zoning district

h h h h l d d d f b ld b kf d


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within which they are located in order to provide appropriate front building setback from andorientation to both streets.

ANALYSIS

Maintaining lot widths, lot areas, and required yards is an important zoning requirement forpreserving the character and scale of a neighborhood. Through the buffering technique of distancing, these tools also helps to preserve privacy between neighbors and to leave an appropriateamount of open space within a community. Each zoning district makes specific allowances forwhat distances and areas are required in that district. However, because so many of the lots in this

neighborhood are non-conforming for both lot width and lot area, creating this four lot project atthis location will ensure the eventual development of the lots is more in keeping with thesurrounding character of the neighborhood.


The applicant seeks a variance to a development standard. Consideration of this request should be

Staff Comment:

The proposed lots are actually wider than most if not all of the surrounding non-conforming lotsthat front Cates, Victoria, Francis & Mae Avenues. Loss of property rights and loss of utility orenjoyment similar to the emerging trend may result should the request to be denied. There is aprevalent trend of newer, larger homes being built nearby on existing non-conforming lots of record.

(2) The requested variance does not go beyond the minimum necessary to afford relief, and doesnot constitute a grant of special privilege inconsistent with the limitations upon other properties inh i di i i hi h h bj i l d


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the zoning district in which the subject property is located;

Staff Comment:

The requests are the minimum necessary to complete the project proposed on the supplied siteplan. The requested variance is to build the proposed home on a lot which does not have theminimum required width, within a proposed 20-foot side yard setback and a 30-foot foot rear yardsetback. Although the use proposed will be conforming, these development metrics are lessrestrictive than the area and distance employed in all standard lot development in the R-75 district,but in keeping with the emerging neighborhood.


Staff Comment:

Granting the variance would not be detrimental to the surrounding properties because of theconsistentmanner in hichsetbacksareapplied ithrelationtoe istingde elopment; thereq est

The requested variance has no known impact on the terms of the Comprehensive Plan.

RECOMMENDATION

Staff recommends the Board view the application favorably, and if approved, further suggests thefollowing conditions:

1. Development of the required subdivision plat and subsequent building plans shall occurin substantial accordance with the site plan submitted to the Community DevelopmentDepartment, dated Received April 5, 2013, attached to this report. (Prepared by LandDevelopment Surveyors, Inc. dated 2/27/13).

2 Th i f hi i i li h h l i f h d h


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2. The granting of this variance is to accomplish the completion of the proposed new homesubdivision project depicted in the attached development plans, and is not to beconsidered a blanket variance to any/all future construction on the property.


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Case: ZBA13-04BLocation: 637 Woods Drive, Brookhaven, GA 30318 Tax Parcel #18-275-14-004


required lot area from 10,000 square feet to 8,113 square feet, and


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q q qthe required rear yard from 40 feet to 35 feet.

DESCRIPTION

The site is Lot 4 of a proposed four-lot subdivision which encompasses 3178 Cates Avenue. Thelot in question is proposed to be located on the west side of Cates Avenue, approximately 175 feetnorth of its intersection with Windsor Parkway. The property is zoned R-75 (Single familyresidence district) and borders property zoned R-75 on all sides. The applicants request is madeto complete a four-lot subdivision and construct four new single family homes on each lot. Thespecific requests are to reduce the required lot width from 75 feet to 65 feet, the required lot areafrom 10,000 square feet to 8,113 square feet, and the required rear yard from 40 feet to 35 feet.

SITE PLAN ANALYSIS AND SITE ANALYSIS


ANALYSIS

Maintaining lot widths, lot areas, and required yards is an important zoning requirement forpreserving the character and scale of a neighborhood. Through the buffering technique of

distancing, these tools also helps to preserve privacy between neighbors and to leave an appropriateamount of open space within a community. Each zoning district makes specific allowances forwhat distances and areas are required in that district. However, because so many of the lots in thisneighborhood are non-conforming for both lot width and lot area, creating this four lot project atthis location will ensure the eventual development of the lots is more in keeping with thesurrounding character of the neighborhood.


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CRITERI A TO BE USED BY THE BOARD The applicant seeks a variance to a development standard. Consideration of this request should bemade under the terms of the following criteria, found in the city Zoning Ordinance:



(a) Variances from the provisions or requirements of this chapter shall be authorized only uponki ll fth f ll i fi di

(2) The requested variance does not go beyond the minimum necessary to afford relief, and doesnot constitute a grant of special privilege inconsistent with the limitations upon other properties inthe zoning district in which the subject property is located;

Staff Comment:

The requests are the minimum necessary to complete the project proposed on the supplied siteplan. The requested variance is to build the proposed home on a lot which does not have theminimum required width or area, within a proposed 35-foot rear yard setback. Although the useproposed will be conforming, these development metrics are less restrictive than the area anddistance employed in all standard lot development in the R-75 district, but in keeping with theemerging neighborhood.


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Staff Comment:

Granting the variance would not be detrimental to the surrounding properties because of theconsistent manner in which setbacks are applied with relation to existing development; the requestessentially matches the emerging neighborhood character.


Staff Comment:

1. Development of the required subdivision plat and subsequent building plans shall occurin substantial accordance with the site plan submitted to the Community DevelopmentDepartment, dated Received April 5, 2013, attached to this report. (Prepared by LandDevelopment Surveyors, Inc. dated 2/27/13).

2. Lot 4 shall be required to include a 10 no access easement along the Antioch Roadproperty frontage to preclude a through lot, which is prohibited by Code. The required

no access easement shall be included on the recorded subdivision plat.3. The granting of this variance is to accomplish the completion of the proposed new homesubdivision project depicted in the attached development plans, and is not to beconsidered a blanket variance to any/all future construction on the property.


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Zba Packet 17APR2013 Small1