City of Powder Springs - File #: PZ 22--011

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
4/4/2022	1	City Council	approved	Pass	Action details	Meeting details	Not available
3/28/2022	1	Planning & Zoning Commission			Not available	Meeting details	Not available
3/10/2022	1	Planning & Zoning Commission			Not available	Meeting details	Not available

CASE NUMBER: 22 - 011. Variance: Blades Lawnmowers

APPLICANT: Charles Harding, Owner, Blades Lawnmowers.

VARIANCE REQUEST: To vary to the following sections of Unified Development Code: Sec. 4-230, 4-235, and Table 6-4. To allow for the outdoor storage and display of U-Hauls for lease, and to reduce the required minimum parking.

LOCATION: 4180 Old Austell Road.

ZONING: Light Industrial (LI) PIN: 19094600130

STAFF RECOMMENDS: See Table 1. PLANNING AND ZONING RECOMMENDS:

BACKGROUND: The property owner was cited by code enforcement for operating U-Haul rentals without a business license for that use. This triggered a review of other compliance issues related to outdoor storage and minimum parking requirements. A section of the available parking was enclosed by a permitted fence installation in the Spring of 2021, which resulted in the available parking falling below the required minimum for the business location. Additionally, the 2 angled spots (Figure 2 top right) adjacent to the entrance driveway are not compliant, resulting in 8 total available parking spots when 14 is the minimum requirement.

Table 1. Illustration of staff recommendation by code section, code provisions, existing conditions, and applicant request.

SURROUNDING AREA: Blades Lawnmowers is located on Old Austell Road, which is just off the commercial corridor on Austell Powder Springs Road. Commercial zoning districts prevail within this area of the city. Light industrial zoning is adjacent to the subject site to the northwest, and CRC zoning prevails on Austell Powder Springs Road to the north and east. To the south of blades lawnmower is residential zoning (R-20) in the county.

Figure 1. Zoning Districts within the City. Red rectangle denotes Blades Lawnmower. Grey: LI. Pink: CRC

ANALYSIS:

The application was reviewed against the following criteria:

Any applicant requesting consideration of a variance to any provision of this development code shall provide a written justification that one or more of the following condition(s) exist. The governing body shall not approve a variance application unless it shall have adopted findings that one or more of the following conditions exist:

1. There are extraordinary and exceptional conditions or practical difficulties pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district.

Outdoor storage and display: The two buildings on the property are not setback a great distance from the right-of-way, and the building that houses Blades Lawnmowers is close to the side property line. As it pertains to displaying U-hauls for rent, Sec 4 -230 provides that goods on display shall be no closer than 20 feet to any property line and must be within 20 feet of the front of the building. The configuration of the front parking lot and access area does not allow the vehicles on display to be 20 feet from the front nor side property lines.

Minimum parking requirement: The installation of the screening fence reduced the available parking since 9 of the 17 parking spaces being inaccessible, resulting in the need to vary the minimum parking requirement.

These don’t qualify as exceptional conditions nor particular difficulties. The outdoor storage of goods in permitted in LI zoned districts behind an 8-foot screening fence. Such a fence was installed in 2021 and a total of 9 parking spaces exist there for the outdoor storage of U-Haul vehicles and equipment. Those spots are no longer accessible for customer parking and may be utilized by the applicant for the U-Haul accessory use.

Figure 2. Site plan. Side parking is separated from front parking by screening fence and gate.

2. A literal interpretation of the provisions of this development code would effectively deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located.

Outdoor storage and display: A literal interpretation would not allow for the overnight storage of U-hauls in the front of the building; however, the applicant has an 8-foot-high screening fence installed and there is space available at the side of the building, behind the fence for the outdoor storage of the U-hauls for lease. Outdoor storage is allowed in this zoning district provided it is screened from view. Allowing unscreened outdoor storage would confer privileges not enjoyed by other LI properties in the area. Because of the placement of the structure close to the rear and side property lines, a traditional outdoor storage area is not available on the property.

Minimum parking requirement: The installation of the screening fence solved the issue of screening items stored outdoors and conversely caused the issue of reducing the available parking below the minimum required.

Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant’s property is located.

Outdoor storage and display: The outdoor display of goods and merchandise is allowed, provided it is no further than 20 feet from the front of the building, and no closer than 20 feet to any property lines. Allowing the outdoor display of goods closer than 20-feet to the right-of-way, as shown in figure 3, would confer special privileges not available to others in the area.

Minimum parking requirement: Because the lot area dedicated to this use is limited, space can either be used to meet outdoor storage requirements or parking. Granting of the variance may confer special privileges to this applicant, but the request is necessitated due to the limited lot area.

Figure 3. U-Haul on display at Blades Lawnmowers.

3. The requested variance will be in harmony with the purpose and intent of this development code and will not be injurious to the neighborhood or to the general welfare.

The unified development code is needed and intended to “maintain the integrity and individual character of established communities,” among other intents and purposes. The requested variances to allow outdoor storage in the front yard would occupy the already reduced available parking, or block maneuvering areas. The requested variances to reduce the minimum parking requirement would not impact general welfare.

4. The special circumstances are not the result of the actions of the applicant.

These special circumstances related to outdoor storage and display of U-hauls are the result of the applicant’s intent offer for lease U-hauls as an accessory use. The applicant has expressed that since the lawnmower business is seasonal, the U-hauls provide a supplement to his business operation during the off season for lawn and garden maintenance.

As it related to the variance to reduce the minimum parking requirement, the installation of the screening fence closed off 9 of the 17 available parking spaces.

The dilemma here is that the fence is necessary to screen items stored outdoors, but the fence also reduces the available parking. Allowing U-Hauls to be stored and displayed in the front yard would further reduce available parking. That would then require a reduction of minimum parking requirement of a considerable proportion of the already reduced parking that currently exists.

5. The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the use district proposed.

These requested variances to allow outdoor storage and display, and to reduce minimum parking requirements for the retail operation are not the minimum necessary to allow the applicant to operate U-Haul leasing as an accessory use at his current business location. The granting of the reduction of the parking requirement is the minimum that would allow U-Haul rentals, provided the applicant is aggregable to parking U-hauls behind the screened fence and not in the front yard.

6. The variance shall not permit a use of land, buildings or structures, which is not permitted by right in the zoning district or overlay district involved.

The proposed use would be permitted by right within LI zoned districts, provided the goods were screened from view while being stored, and located greater than 20-feet from property lines while being displayed.

Reducing the minimum parking requirement would not permit a prohibited use.

STAFF RECOMMENDATION:

DENIAL of variances to allow for the outdoor display and storage of U-Hauls in the front yard parking spots and maneuvering areas (Sec. 4-230, 4-235).

APPROVAL of variance to reduce the minimum parking requirement (Table 6-4), with the following conditions:

1. The variance request to Table 6-4 to reduce the minimum parking requirement from 14 available parking spots to 8 available parking spots is approved.

2. All U-Haul vehicles, trailers, or other equipment shall be stored behind the 8-foot-high screening fence in the marked parking spaces along the side of the building. The access aisle behind the fence shall always remain clear to allow for public safety access in the event of emergency situations.

3. Lawn maintenance power equipment may be displayed in the area between the building and the front yard parking spots, behind the curb stops, during normal business operating hours.

4. Self-service U-Haul drop off outside of the normal business operating hours is allowed in the front yard parking spots, provided the vehicle(s) are relocated behind the 8-foot-high screening fence once normal business operation resumes. Normal business hours is defined as Monday to Friday: 8:00AM to 6:00PM; Saturday: 8:00AM to 4:00PM.

5. The two angled parking spots in the front yard adjacent to the entrance driveway at Old Austell Road shall be removed. Those spots are too close to the street and do not comply with Sec. 6 - 53 (b): No off-street parking spaces shall be permitted directly from an access driveway within the first 30 feet of the driveway back from the street right-of-way line.

Additional Exhibits

Figure 4. Side yard behind the 8-foot-high screening fence

Figure 5. front yard parking spots.

Figure 6. Outdoor display of lawnmowers