City of Powder Springs - File #: PZ 24-032

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
10/7/2024	1	City Council	approved	Pass	Action details	Meeting details	Not available
9/30/2024	1	Planning & Zoning Commission			Not available	Meeting details	Not available
9/12/2024	1	Planning & Zoning Commission			Not available	Meeting details	Not available

PZ 24-032.

APPLICANT: Louis Roberts

VARIANCE: To vary UDC Table 2-2 minimum rear and side setback requirements for accessory structures greater than 144-sf; to allow impervious lot coverage greater than 35%.

LOCATION: 3403 Redwood Forest Lane SW

ZONING: R-15(C) ACRES: 0.306 ac PIN: 19082100460

Staff Recommendation: APPROVAL. Planning and Zoning Recommendation:

BACKGROUND: The subject site is located within Cameron Springs subdivision within the Residential (R15C) zoning district. The subdivision was originally approved on May 2, 2005, consisting of 152 single-family units. The applicant purchased the property in November 2018.

The subject property at 3403 Redwood Forest Lane is a residential lot located within the city limits. The property owners have requested a variance from the Unified Development Code (UDC) Table 2-2, which specifies minimum setback requirements for accessory structures exceeding 144 square feet. According to the UDC, such structures must be set back a minimum of 10 feet from the side property line and 30 feet from the rear property line.

The variance request arises from two accessory structures on the property: a 192-square-foot prefabricated shed and a 352-square-foot gazebo. The shed is positioned 6 feet from the side property line, while the gazebo is located 6 feet from the rear property line. These placements violate the current UDC setback requirements. The applicant installed these structures and cleared trees without a permit, leading to code violations for Accessory Structures without a permit, Defacement of Property, Disposal of Rubbish, Fence Permit Required, and Tree Removal.

Additionally, the homeowners cleared a portion of the adjacent HOA-owned land at the rear of their property and included it within their fenced area. Lot trees were also removed from the subject backyard, which conflicts with the landscaping plan for the Cameron Springs subdivision. Upon receiving notice of the violation, the homeowners promptly relocated the fence to its proper location and replanted trees on the HOA land, effectively restoring the area. The lot trees have not been replaced.

It is important to note that the homeowners have taken significant corrective steps, such as relocating their fence and replanting trees on the adjacent HOA land, to address related violations and align with city regulations. They have applied for the required permits, which are pending based on the outcome of the city council’s decision on the variance request. These actions demonstrate their intent to rectify the situation and may be considered when evaluating the overall merit of the variance request.

Impervious Surface Coverage Analysis

The Unified Development Code (UDC) for the R-15C zoning district establishes a maximum impervious surface coverage limit of 35%. The analysis of the property reveals that the total impervious surface coverage is 5,662 square feet, which equates to 42% of the total lot area. This exceeds the UDC’s maximum allowable impervious surface coverage of 35% by approximately 20%, or an additional 7% over the permitted limit.

Surface Type	Area (Square Feet)
House, Driveway, Walkways, Rear Patio	5,118
Shed	192
Gazebo	352
Total Impervious Surface Area	5,662
Lot Size	13,329.36
Impervious Surface Coverage (%)	42%
Maximum Allowed Coverage (%)	35%
Percentage change in Coverage (%)	20%

The property abuts undeveloped HOA land to the rear, which provides a natural buffer and mitigates some of the potential impacts typically associated with exceeding impervious coverage limits. Additionally, the property slightly slopes downward toward the rear, which may help with drainage and reduce runoff issues that can arise from excess impervious surfaces.

While these factors provide some relief, the excess impervious coverage still presents a challenge in terms of compliance with the Unified Development Code. The HOA land and the property's natural slope may lessen the environmental impact, but they do not eliminate the concerns related to stormwater management and potential runoff. Therefore, while these site conditions are favorable, they do not fully justify the excess coverage without further mitigation measures being considered.

Permit Inspections Results

The applicant failed the final electrical permit inspection, as well as the final building inspection for the gazebo (see appendix). The prescribed remedies are attainable, and the applicant will be allowed to proceed provided his variance request is approved.

SURROUNDING AREA: The subject property is located within the Cameron Springs subdivision. Residential Uses prevail on all sides. The subject property backs up to the single-family subdivision being developed on Story Road and is separated by the triangular HOA buffer to the rear, as shown in figure 1. The council recently approved the special use request for the neighboring property at 3401, to allow their corner lot privacy fence to remain at the Story Road frontage.

Figure 1. Zoning District: R-15 C

Figure 2. Accessory structures’ location outlined in red.

Figure 3. Site Survey

Figure 4. Gazebo.

Figure 5. Trees replanted on HOA property.

Table 1. Permit Activity. Source: Community Core.

PERMIT ACTIVITY: 3403 REDWOOD FOREST LN SW, POWDER SPRINGS, 30127
Permit Number	Type	Violations	Creation Date	Status	Closed Date
24PDR-00007	Code Enforcement	Accessory Structures, Defacement of property, Disposal of rubbish, Fence or Wall - Location, Permit required, Permit required, Tree Removal	01/09/2024	Open	12/26/2024
24PDR-00073	Accessory Structure - Residential		02/26/2024	In Progress
24PDR-00415	Electrical Permit		08/21/2024	Completed	08/22/2024
24PDR-ADR00015	Admin Design Review		02/26/2024	In Progress
24PDR-ADR00045	Admin Design Review		07/12/2024	Completed	07/22/2024
24PDR-TREE00003	Tree Removal		02/26/2024	In Progress
PZ24-032	Variance Request		08/22/2024	In Progress

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 conditions 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.

The subject property has no extraordinary or exceptional conditions related to its size, shape, or topography. The lot is located on a slight corner and features a backyard that is wider than it is deep; however, these characteristics are not unique or unusual compared to other properties in the same zoning district. The lot’s overall dimensions and layout do not present any inherent challenges that would prevent compliance with the standard setback requirements as outlined in the UDC. The location of the undeveloped HOA land to the rear provides an additional buffer and additional impervious area for stormwater runoff.

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.

A literal interpretation of the provisions of the Unified Development Code (UDC) would require the homeowners to maintain a minimum setback of 10 feet from the side property line for the prefabricated shed and 30 feet from the rear property line for the gazebo. While these standards are applicable to all properties in the district, strict adherence to them in this case would necessitate the removal or relocation of the existing structures.

However, enforcing these requirements may effectively deprive the applicants of the full use of their property in a manner commonly enjoyed by other homeowners in the district. Accessory structures, such as sheds and gazebos, are typical features in residential areas and are often placed to optimize the use of available yard space. In this case, the backyard’s unique dimensions, being wider than it is deep, limit the placement options for these structures without encroaching on the setback areas.

3. 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.

Granting the requested variances to maximum impervious coverage and to reduce the side and rear setback requirements for the accessory structures on the property at 3403 Redwood Forest Lane will not confer any special privileges that are denied to other properties in the same district. The variance request arises from the placement of a prefabricated shed and a gazebo, both common types of accessory structures found throughout the district.

The variance would allow the structures to remain in their current locations, which encroach into the required setback areas. However, this allowance does not grant the applicants a privilege that would be unavailable to other property owners under similar circumstances. Variances are considered on a case-by-case basis, and other property owners facing similar conditions and demonstrating good faith efforts to comply with city regulations could also be granted similar relief.

4. 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 primary purpose of setback requirements is to ensure adequate spacing between structures, maintain neighborhood character, provide privacy, and prevent overcrowding. In this case, the proposed variance for the shed and gazebo maintains the spirit of these objectives. Although the structures encroach into the standard setback areas, the overall impact on the surrounding properties and neighborhood is minimal.

The rear of the property is buffered by HOA-owned land, which serves as a natural barrier between the gazebo and any adjacent properties. This buffer helps mitigate any potential negative impact that the reduced rear setback might otherwise have on neighboring properties. Additionally, the shed’s placement 6 feet from the side property line does not significantly affect the adjacent property, as it is a common feature in residential settings and does not impose on the neighbor’s use or enjoyment of their property.

The excess impervious coverage could potentially lead to increased stormwater runoff, which might adversely impact neighboring properties or the surrounding environment. However, the property's unique features, such as the adjacent undeveloped HOA land and the natural downward slope, provide an opportunity to manage and mitigate these potential impacts effectively.

By requiring the property owners to implement stormwater management measures, such as installing a rain garden, using permeable paving materials, and creating a vegetative buffer, the variance can be granted in a manner that aligns with the UDC's goals. These measures will help prevent any adverse effects on the neighborhood or general welfare, ensuring that the development remains compatible with the surrounding area.

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

The special circumstances requiring the variance requests are, in this case, primarily the result of the actions of the applicant. The property owners at 3403 Redwood Forest Lane installed a 192-square-foot prefabricated shed and constructed a 352-square-foot gazebo without adhering to the required setbacks and without obtaining the necessary permits. These actions directly led to the current need for a variance.

While the backyard’s configuration, being wider than it is deep, may have influenced the placement of the structures, this characteristic does not constitute a special circumstance beyond the control of the applicant. The decision to place the shed 6 feet from the side property line and the gazebo 6 feet from the rear property line was made by the property owners without prior approval or consultation with the city's zoning regulations.

6. 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.

The requested variances to exceed impervious coverage limits and to reduce the side and rear setback requirements for the accessory structures at 3403 Redwood Forest Lane appears to be the minimum variance necessary to allow the continued use of these structures in their current locations.

The homeowners are seeking relief from the UDC’s 10-foot side setback requirement and 30-foot rear setback requirement to accommodate a 192-square-foot prefabricated shed and a 352-square-foot gazebo. The shed is located 6 feet from the side property line, and the gazebo is located 6 feet from the rear property line. These variances are modest in scope, with the shed encroaching by 4 feet and the gazebo by 23 feet.

Relocating these structures to comply with the standard setback requirements would be challenging given the layout of the property, particularly the backyard’s limited depth. Moving the structures to conform with the setbacks would result in a less functional use of the backyard and might necessitate the removal or significant alteration of the structures, which would be a substantial burden on the homeowners.

7. 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 requested variances do not permit a use of land, buildings, or structures that is not allowed by right within the zoning district in which the property is located. The property at 3403 Redwood Forest Lane is situated in a residential zoning district where accessory structures such as sheds and gazebos are permitted uses.

STAFF RECOMMENDATION: Given the corrective actions taken by the property owners and the natural buffering provided by the adjacent HOA land at the rear of the property, staff supports the request for a reduction in the rear setback requirement for the gazebo, and side setback for the shed.

Staff recommends APPROVAL, subject to the following conditions:

1. The variance request to reduce the minimum rear and side setback requirements for accessory structures greater than 144-sf is approved and shall not be expanded. This variance approval is specific to the current structures and their locations as described in the application.

2. The variance request to allow impervious coverage to exceed the maximum allowed 35% is approved and shall not be expanded. This variance approval is specific to the current structures and their locations as described in the application.

3. No additional structures or expansions of existing structures shall be permitted within the reduced setback areas without seeking further variance approval.

4. The existing landscaping and replanting efforts on the adjacent HOA land shall be maintained in healthy condition to preserve the natural buffer at the rear of the property.

5. The applicant must address all deficiencies noted in the final electrical and building inspection reports. The shed and gazebo must be brought into full compliance with the relevant code requirements, and successful re-inspections must be completed within 60 days of the variance approval. Failure to comply with this requirement may result in revocation of the variance approval.

6. The applicant shall replant a minimum of two lot trees in the backyard. These trees must be selected from the approved tree species list for the Cameron Springs subdivision's landscaping plan. The trees must be planted within 90 days of the variance approval and maintained in a healthy condition thereafter. In lieu of this requirement for lot trees, the applicant may substitute with a rain garden if prescribed in the stormwater management plan (see stipulation #7).

7. The property owners shall submit a stormwater management plan prepared by a licensed engineer. This plan must demonstrate that the proposed mitigation measures will effectively manage stormwater and prevent adverse impacts on neighboring properties and the HOA land.

Appendix

I. Inspection Results

Inspection Results by Permit Number
Permit Number: 24PDR-00073
Accessory Structure - Residential
Owner: ROBERTS LOUIS JR & VERONICA
3403 REDWOOD FOREST LN SW, POWDER SPRINGS, GA 30127

Inspection Step	Inspection Type	Inspection Description	Inspector	Date	Result	Notes
Inspections	Final Building		Miguel Pabon	09/20/2024	Failed - Code Violation	09/20/2024 (Miguel Pabon) Pending electrical deficiencies 1. All exterior receptacles required to be GFCI protected and WR rated as well as approved exterior rated cover 2. Electrical wire cannot be exposed to the elements properly protect all exposed wiring
Inspections	Final Electric		Miguel Pabon	09/20/2024	Failed - Code Violation	09/20/2024 (Miguel Pabon) See building inspection report
	Inspections	2
	Total Inspections:	2

II. Building Inspection Report