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File #: PZ 23--023    Version: 1
Type: Variance Status: Passed
File created: 7/27/2023 In control: Planning & Zoning Commission
On agenda: 10/2/2023 Final action: 10/2/2023
Title: Special Use request to allow front yard fences, per UDC Table 4-1. The property is located at 44287 Demesne Way, within land lot 727 of the 19th District, 2nd Section, and Cobb County, Georgia. PIN: 19072700550.
Indexes: MIT FY 23 - Safety & Protecting Community (code enforcement, stormwater)
Code sections: Sec. 4-135. - Fence or wall.
Attachments: 1. PZ 23-023. Staff Recommended Motion to DENY. 10022023, 2. Special Use Application Redacted, 3. Exhibits. PZ 23-023 Redacted, 4. Executed PZ 2023-023

PZ 23-023.

APPLICANT:  Nekia Fashola

SPECIAL USE: To allow front yard privacy fence at Macedonia Road Frontage, per UDC Table 4-1.

LOCATION: 4428 Demesne Way, within land lot 727. of the 19th District, 2nd Section, and Cobb County, Georgia.

ZONING: PUD-R                               ACRES:    0.147 ac                    PIN: 19072700550

 

Staff Recommendation:  DENIAL                     Planning and Zoning Recommendation:             

BACKGROUND:  The subject property is a part of the Old Lost Mountain (OLM) Estates Subdivision. The annexation and rezoning from R-20 to PUD-R was approved on June 15, 2020. Ms. Fashola purchased the property in July 2022. She contacted the HOA to seek approval for the installation of a privacy fence in March of 2023. The HOA approved via email and advised Ms. Fashola to seek city approval prior to construction (Appendix I), however, she neglected to contact the city before installing the fence within the 10’ landscape / no access easement at the rear of the property (figure 2). Code enforcement actions were initiated in May 2023, and the applicant now seeks special use approval for the 6-foot privacy fence to remain as is, where her backyard fronts Macedonia Road. Staff subsequently notified the HOA (Appendix II) of the City’s provisions on fences at road frontages to avoid additional conflicting approvals at OLM Estates.

In addition to the requirements of the Unified Development Code, a zoning stipulation was placed on the property that stated that road frontages will be heavily and professionally landscaped which may include the use of berms, fencing, and substantial plant material. The purpose and intent of this stipulation was to provide for visual screening, noise attenuation, and a physical barrier. Additionally, all perimeter and roadway buffer areas will either be owned by the HOA or deed restricted with maintenance easements (Figure 2 labeled: 10’ L.S./NO A.E.) in favor of the HOA. At the time of development, the developer designed the roadway buffer (figure 5) to have landscaping and a split rail fence. The purpose of the row of perimeter evergreens (figure 3) is to provide visual screening and to attenuate noise pollution. The evergreens at full maturity, coupled with the split rail fence is intended to create a physical barrier at the rear of the subject property. 

The addition of a privacy fence in this perimeter buffer is inconsistent with the approved plan.

 

SURROUNDING AREA: The subject property is located within the Old Lost Mountain Estates subdivision. The subdivision is zoned PUD-R, as shown in figure 1, and is adjacent to R-20 zoning in the county. Residential uses prevail on all sides, except for an existing nonconforming commercial use located at 4420 Macedonia Road.

 

 

Figure 1. Zoning District: PUD-R

 

The home fronts Demesne Way and Macedonia Road, as shown in figure 2. The depth of the back yard excluding landscape easement is 23.5’. The fence encloses perimeter landscaping and goes up to the perimeter split rail fence, as shown in figure 3. Figure 4 shows the view from Macedonia Road.

 

 

 

 

Figure 2. House Location Plan showing approx. Fence Location: Red. Landscaping Easement: 10’ L.S./NO A.E.

 

 

Figure 3. Fence encloses perimeter landscaping.

 

Figure 4. Fence meets the subdivision split rail fence at Macedonia Road frontage. Encloses perimeter evergreens.

 

 

Figure 5.  Approved Landscaping Plan

 

 

 

 

 

 

 

ANALYSIS:

 

The application was reviewed against the following criteria:

 

1.                     Will the proposed special use be consistent with the stated purpose of the zoning district in which it will be located?

 

This special use request is not consistent. To purpose and intent of the PUD-R zoning district is to encourage ingenuity and resourcefulness in land planning techniques which result in quality residential patterns that conserve and create open space.

 

The request is not consistent with the Unified Development Code (UDC) which is intended to preserve the character of existing neighborhoods. The UDC prohibits privacy fences in front yards. Fences of a decorative nature are allowed by special use approval, with the maximum height set at 3-feet.

 

2.                     Will the establishment of the special use not impede the normal and orderly development of the surrounding property for uses predominate in the area?

 

The establishment of the special use will set a precedent for neighboring property to encroach into the landscape easement and install fences up to road frontages at Macedonia Road, New Macland Road, and even internal roads at corner lots for instance.

 

3.                     Is the location and character of the proposed special use consistent with a desirable pattern of development in general?

 

The desired pattern at OLM Estates is for the perimeter landscaping to function as perimeter screening, and sound dampening once the evergreens reach maturity. Visibility from the street would be minimized once the trees mature, and access at the subject property is currently interrupted by the presence of a split rail fence, and the subdivisions’ landscaping.

 

4.                     Is or will the type of street providing access to the use be adequate to serve the proposed special use?

 

Not applicable. The request is related to a privacy fence at road frontage.

 

5.                     Is or will access into and out of the property be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles?

 

Not applicable. The request is related to a privacy fence at road frontage.

 

6.                     Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the proposed use?

 

Not applicable. The request is related to a privacy fence at road frontage.

 

7.                     Are or will refuse, service, parking and loading areas on the property be located or screened to protect other properties in the area from such adverse effects as noise, light, glare, or odor?

 

Not applicable. The request is related to a privacy fence at road frontage.

 

8.                     Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?

 

Not applicable. The request is related to a privacy fence at road frontage.

 

9.                     Will the height, size or location of the buildings or other structures on the property be compatible with the height, size or location of buildings or other structures on neighboring properties?

 

The style of the privacy fence, as well as the 6’ height and location at the Macedonia Road, are not compatible with the character of the neighbor. The elevation at Macedonia Road is about 4 feet higher than the elevation of the yard of lot. The fence was placed in the back yard and along the slope to the road, increasing the visibility from the road.

 

 

 

STAFF RECOMMENDATION: DENIAL.

 

Should approval be considered, staff proposes the following conditions.

 

1.                     The fence shall be removed from the 10’ Landscaping and No Access Easement, entirely.

 

2.                     The rear fence line at Macedonia Road shall be set back at the bottom of the slope and must be behind any landscaping shown as part of the roadway buffer on the approved landscaping plan. This will result in the fence being slightly less visible since the property is below the elevation level of the street.

 

3.                     The applicant shall submit a design review application of the proposed new fence location to comply with stipulation number 2, subject to the review and approval of the Community Development Department.

 

4.                     The applicant shall pay the Special Use Request application fees, as well as the fees associated with the design review application.

 

5.                     The applicant shall have 60 days from the date of Special Use approval to complete the design review, and the relocation of the fence.

 

 

 

 

 

APPENDIX I

Property management advised the applicant to seek city approval before installation of the fence.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX II.

Staff’s email to OLM Estate’s Property Management to resolve any misunderstanding related to fence regulations.