CASE NUMBER: PZ 23-011
APPLICANT: Greg Richardson, SR & GR Holdings LLC
VARIANCE REQUEST: To vary Article 1 sections related to lot splits and road frontage requirements, and Table 2-4 related to minimum lot dimensional requirements.
LOCATION: 4073 Fambrough Drive.
ZONING: Light Industrial (LI) ACRES: 7.78 ac PIN: 19073300050
Staff Recommendation: APPROVAL. Planning and Zoning Recommendation: APPROVAL
BACKGROUND:
The existing property at 4073 Fambrough Drive currently comprises a single lot, with Building 300 serving as one of the structures on the property. The property owner wishes to split the lot and sell Building 300 to Shaw Armament Systems, who is currently leasing the space. This proposed lot split, and sale would require relief from the lot splits and road frontage requirements specified in Article 1, as well as the minimum lot dimensional requirements outlined in Table 2-4.
Additionally, it should be noted that the subject parcel technically does not have road frontage, since Fambrough Drive stops short of encroaching into the floodplain. The Fambrough right-of-way is depicted on the County’s GIS database as fronting the region of the parcel in the floodplain, but the road does not actually exist there. The subject parcel is located behind two parcels that currently occupy the existing road frontage along Fambrough Drive, as shown in figure 1. Access to all three parcels, including the new proposed lot 3, is currently facilitated through a shared driveway and cul-de-sac.
In June 2013 the subject lot was purchased, and split from one of the road fronting lots via the recording of a lot split plat (appendix I). The other road fronting parcel shown in the lot split plat was created in 2006, when that parcel was sold and split. The UDC in 2013 required street frontage, and prohibited lot reductions below the minimum standards established for the zoning district. This split was allowed to facilitate the lot split and sale, as the subject property had a “technical” road frontage in the region impacted by the floodplain. That action established the condition of no ‘actual and existing’ street frontage at the subject property.
To address the access rights for the new lot being proposed, the applicant has put forth a proposal for an inter-parcel access easement (figure 2). This easement would ensure that the newly created parcel maintains adequate access to the shared driveway and cul-de-sac, resolving any potential concerns regarding access rights. Additionally, shared stormwater and sewer agreements, and other maintenance agreements would be required.
SURROUNDING AREA:
The surrounding area of 4073 Fambrough Drive is predominantly characterized by light industrial land uses. The parcels adjacent to the subject property, which front Fambrough Drive, are occupied by Georgia National Glass and Perimeter Construction Group. To the rear of the property is C.H. James Parkway, which does not provide access to the property.
Figure 1. Neighboring parcel configuration relative to Fambrough Drive, and floodplain impact.
Figure 2. Survey: Proposed Lot 3 and inter-parcel access easement.
ANALYSIS:
The applicant is requesting variances for the Dimensional requirements listed in table 1 below.
Table 1. UDC Table 2-4. Dimensional requirements: Required vs Proposed.
|
DENSITY AND LOT REQUIREMENTS |
LI |
Proposed |
|
Minimum lot size (square feet) |
40,000 |
36,930 (Variance required) |
|
Minimum lot width (feet) |
100 |
150.51 |
|
Minimum lot frontage (feet) |
100 |
0 (Variance required) |
|
Floor-area ratio, maximum |
0.75 |
0.29 |
|
Maximum impervious surface coverage, lot (%) |
75 |
64 (Approx.) |
|
PRINCIPAL BUILDINGS |
LI |
|
|
Front, minimum (feet) |
50 |
20 (Variance required) |
|
Side, minimum (feet) |
20 |
20 |
|
Rear, minimum (feet) |
40 |
40 |
|
Front landscape strip |
20 |
0 (Variance required) |
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.
The size and shape of the lot presents unique challenges due to its configuration behind two road fronting parcels. A portion of the property is impacted by the presence of flood plain. The applicant's proposal for an inter-parcel access easement is crucial to address the access rights for the newly created lot. The property has a frontage along CH James Pkwy, because CH James Pkwy is a limited access corridor within the City of Powder Springs access is not available. The limited access provision is a practical difficulty pertaining to this specific property.
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.
Other properties in the same district generally have ample road frontage. However, there are properties, as shown to the right in figure 1, where the lots violate the frontage requirement and are accessed via a shared driveway. Additionally, these lots are approximately 30,000-sf, which is below the required minimum of 40,000-sf. There was no evidence found that variances were sought or granted to facilitate the sale and split at that site.
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.
The applicant must comply with all other applicable zoning regulations and requirements, aside from the specific road frontage provisions, and minimum lot size. Variances are also required for front setback and front landscape strip as shown in table 1. Granting the variance does not exempt the applicant from meeting other obligations, ensuring that the property remains subject to the same general restrictions and regulations as other properties in the district.
The LI district requires a minimum lot size of 40,000 square feet. However, the applicant is proposing a lot size of 36,930 square feet, which represents a difference of approximately 7.68% less than the required minimum lot size.
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 purpose and intent of the development code are generally aimed at promoting orderly and efficient development, ensuring compatibility with the surrounding environment, and safeguarding the general welfare of the community. Granting the variance should not result in any adverse impacts that could be considered injurious to the neighborhood. The business and uses that currently exist are expected to continue.
In general, road frontage and minimum lot sizes are important tools in zoning and land use regulations to promote safe, functional, and aesthetically pleasing development. They contribute to the efficient use of infrastructure, maintain neighborhood character, support healthy and livable communities, and protect property values. By establishing standards for frontage and lot sizes, zoning regulations balance the interests of property owners with the broader goals of community planning and development.
5. The special circumstances are not the result of the actions of the applicant.
The lack of road frontage on Fambrough Drive, was established in 2013 when the applicant’s company SR & GR Holdings LLC purchased the property from J & J Holtzclaw Properties LLC. The lot was split via the recording of a lot split plat, creating non-conforming conditions for which no variance was sought.
The special circumstances related to the minimum required lot size are a result of the applicants’ desire to sell the lot housing his tenant, for economic development purposes. That variance request represents a difference of approximately 7.68% less than the required minimum lot size.
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 variance is the minimum that will allow for the proposed lot split and sale of Building 300 to Shaw Armament Systems. The lot created meets setback requirements for the LI zoning district, as shown in the survey.
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 current uses, which are allowed in the LI zoning district, are expected to continue.
STAFF RECOMMENDATION: Staff recommends APPROVAL, with the following conditions:
1. The variance requests to allow a lot split with no road frontage, as required by Sec. 1-21: Lot Frontage, and Sec. 1-22: Lot Width, are approved.
2. The variance requests to Sec. 1-23: Lot Size, and Table 2-4: Dimensional Requirements, to allow a lot of approximately 37,000-SF are approved.
3. The variance requests to Table 2-4: Dimensional Requirements, to allow a 20’ front setback, and 40’ setback at C.H. James Pkwy, when 50’ is required; to allow no front landscape strip when 20’ is required, are approved.
4. The lot split and inter-parcel access easement shall substantially conform to the plat prepared by The Crusselle Company, dated 05/13/2023.
5. Prior to recording, the applicant must submit the Inter-parcel access easement, stormwater management agreement, sewer maintenance agreement and business association documentation for shared maintenance meeting requirements of the Unified Development Code and subject to City review. Easements must discuss maintenance responsibilities.
6. The applicant shall re-plat the property, to include the filing of a re-platting application with the Community Development Department for review and approval.
APPENDIX I
