City of Powder Springs - File #: PZ 20--021

• File #: PZ 20--021
• Version: 1
• Type: Variance
• Status: Passed
• File created: 7/7/2020
• In control: City Council
• Final action: 7/29/2020
• Title: Variance to allow an additional driveway at 2753 Lost Lakes Drive in Land lot 655-Emily Hicks

Date	Ver.	Action By	Action	Result
7/29/2020	1	City Council	approved	Pass
7/27/2020	1	Planning & Zoning Commission
7/9/2020	1	Planning & Zoning Commission

Staff Report

File #: PZ 20-021

APPLICATION: Variance                                                                    APPLICANT: Emily Hicks

Staff Recommendation: Approval

Planning and Zoning Recommendation: Approve with Conditions

Mayor and Council Decision: Approve with Conditions

PETITION:

To consider a variance to allow 2 driveways within 120 feet on a single-family residential lot.

PURPOSE OF THE REQUEST: 

Variance to allow 2 driveways within 120 feet on a single-family residential lot.

LOCATION: 2753 Lost Lakes Drive    Parcel ID#: 19065500500    Zoning: R15C

Background:

The subject site is located within the Lost Mountain Lakes subdivisions with a physical address of 2753 Lost Lakes Drive within the Residential (R15C) zoning district. The applicant is requesting to obtain a variance to install a second driveway on her property so as to provide step less entry for her parents. The subject property currently exists of one driveway; the proposed driveway will be located to the north of the house less than 200 feet of the existing driveway. According to Article 6-25b, “Along any street other than an arterial as designated in the Powder Springs comprehensive plan, each lot shall be permitted no more than one point of vehicular access for each 200 feet of lot frontage. Lots existing on the date of adoption of this development code, or which are created in accordance with this development code, which have less than 200 feet of frontage shall be allowed one point of access.” The applicant is therefore requesting to have 2 access points on a residential lot within 200 feet of each other, this request has triggered a variance request by the applicant.

This subdivision was approved by Mayor and Council December 7, 1998. Stipulations were amended in July 17, 2000. The Final Plat (Book 2020, PG 57) was approved and recorded on January 25, 2002. Aerial images also indicate that the subdivision was under construction in 2002.

Surrounding Land Use:

The subject site is located in the Lost Lakes subdivision that is single-family residences with a residential zoning classification (R15C). The application has indicated that there are several lots within the subdivision that currently consists of two driveways less than 200 feet apart. (2807, 2821, 2808, 2740 Lost Lakes, 4619 Stonewater Drive). The diagram below illustrates lots within the subdivision with two (2) access points less than 200 feet apart. The Plat was recorded for this of the subdivision in 11/2001. Based on aerial images and county records it appears that lots with two (2) access points were built during the initial construction of the subdivision.

Diagram indicating other lots with two driveways.

Analysis:

Variances are required for the sections below:

Sec. 6-52. Improvement Setback. Off-street parking areas shall be set back from front, side, and rear property lines by at least five feet, except that the community development director may authorize a reduction in the parking lot improvement setback to no less than three feet where a front landscape strip as required by Article 5 of this development code is authorized to have a variable width.

Sec. 6-25. Number of Driveways Permitted. The number of driveways that access a property from any one street, road or highway shall be limited per the requirements of this section. (a) Arterial streets. Along any arterial street as designated in the Powder Springs comprehensive plan, each lot shall be permitted no more than one point of vehicular access for each 300 feet of lot frontage. Along State routes or U.S. numbered highways, the number and location of access points may be further restricted by the Georgia Department of Transportation. Lots existing on the date of adoption of this development code which have less than 300 feet of frontage shall be allowed one point of access. (b) Other streets. Along any street other than an arterial as designated in the Powder Springs comprehensive plan, each lot shall be permitted no more than one point of vehicular access for each 200 feet of lot frontage. Lots existing on the date of adoption of this

Sec. 6-26. Driveway Separation. (a) The distance from a driveway or parking area access drive to the intersection of two street right of ways shall not be less than 20 feet for a single-family or two-family dwelling and not less than 50 feet for all other uses. (b) Except where shared driveways are authorized, the distance between driveways along a street right-of-way shall not be less than 10 feet for a single-family or two-family dwelling and not less than 40 feet for all other uses.

In accordance with Section 14-24 of the Unified Development Code, staff has reviewed the application and has determined that one or more of the conditions required by Section 14-24 for issuing a variance exist as follows:

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 site is a typical residential lot within a subdivision with similar lot sizes as all other residential lots. The subject site is shaped like a triangle with approximately 0.3 acres in size that is located along a bending curb with a lot frontage of approximately 161 feet which is greater than most of the lots within the subdivision. The characteristic identified are not deemed exceptional or extraordinary and does not pose any practical difficulties.

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;

If the variance is not approved the homeowner will be deprived of the common rights to enjoying their property as there are other residential lots with two access points within the subdivision. (Diagram 1). Staff notes that the other existing driveways appear to be constructed at the time the houses were constructed. As such, these would have been constructed before the adoption of the Unified Development Code. 

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 variance will not confer any special privileges. The existing location of the proposed driveway does not appear to be public safety concern.  The proposed driveway will be more than 5 feet away from the neighboring property line. The applicant has also indicated that the proposed driveway is located to the side of the neighboring homes where there are no windows or point of entry. The proposed driveway will be separated more than 50 feet from existing driveway. The proposed driveway will be located approximately 50 feet from the intersection and approximately 80 feet from the neighboring driveway. As conditioned the size and location of proposed driveway does not a public safety concern.

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;

There appears to be adequate space between all access points along that street which should provide a safe environment for pedestrians and vehicular traffic. The proposed request meets the intent of the development code and does not appear to be injurious to the neighborhood or the general public.

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

The circumstances that exist are not as result of the applicant. The UDC specifically states there shall be only one access point within 200 feet (Article 6-25b). Due to personal obligations the applicant is requesting a driveway within 200 feet to allow the homeowner a better quality of life.

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; and/or

The variance request is the minimum needed to allow the additional driveway to accommodate for mobility issues. If approved would allow the home owner the same right as others within the subdivision with two access points.

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 variance will not permit a use of land, building or structure, which is not permitted by right in the zoning district overlay involved.

Fiscal Impact:

The proposed request should not have any negative economic impact on the City of Powder Springs resources.

Recommendations:

Staff recommends APPROVAL of PZ 20-021 with conditions: Variance request is consistent with the requirements of the Unified Development Code.

Summary and Recommendation:  

1.                     Variance to allow two (2) access points less than 200 feet of each other.

2.                     The driveway shall be concrete and shall be located as shown on the attached plans dated 7/9/2020.

3.                     The width of the driveway shall not exceed 12’ as indicated on the plan dated 7/9/2020.

4.                     The driveway shall not be located less than five 5 feet of the side property lines.

5.                     A Driveway permit application must be submitted, reviewed and approved by the Community Development Director and Public Works Director.

6.                     Driveway specification must be consistent with the requirements of the development Code.

Exhibit 1

Survey/Site Plan

Exhibit 2

Approved Plat 2002 (Book 2020, Page 0057)