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PZ 18-024 - Charles and Cheryl Mcmillan
LL 827 3670 Old Lost Mountain Road, Powder Springs Road, GA 30127 Parcel: 19082700120
Hardship Variance - To allow two (2) access points within 200 feet
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PETITION: The applicant, Charles and Cheryl McMillian is requesting for a hardship variance for the purposes of allowing two vehicular access points within 200 feet along a major collector roadway in a residential zoning district. The request is to vary from Section 6-25 of the Unified Development Code that specifically states “each lot shall be permitted no more than one point of vehicular access for each 200 feet.” The subject site is located at 3670 Old Lost Mountain Road in Land Lot 827, 19th District, 2nd Section, Cobb County, GA.
Hardship Variance - To allow two (2) access points within 200 feet along a major collector roadway
Staff recommends approval with the following conditions:
1. A driveway permit and shared access agreement must be filed with the City of Powders Springs Community Development Department before the final plat is approved.
Location Map
Background:
The subject site is located in the Single-family Residential (R20) zoning district and currently consist of a single family residence along a major collector roadway (Old Lost Mountain Road). The existing house currently sits approximately one (1) foot from the south property line, and the driveway is located on the neighboring lot located to the south of the subject site. The subject site property was bought in 1996 by the current owners with these existing conditions. The current
owners are in the process of selling their home and is reconfiguring their property lines in an effort to meet the setback requirement and to take ownership of the driveway. The driveway provides access to the applicant’s house as well as the neighbor’s access to the lake. Before the plat can be approved, the site must be in full compliance with the current Unified Development Code. Section 6-25 of the Unified Development Code (UDC) specifically states “each lot shall be permitted no more than one point of vehicular access for each 200 feet.” Based on the siteplan submitted by the applicant and aerial images there are two driveways on the subject site that is less than 200 feet from each other. The existing conditions does not meet the requirement of the Unified Development Code hence the request for the variance. Additionally, a shared access agreement must be approved, recorded and referenced on the plat.
Analysis:
The current owners acquired the subject site in 1996 in which they have done no modifications to the driveways or have expanded the house. In support of that, based on aerial images the current conditions that exists is prior to 2000. Due to the proposed reconfiguration of the lot the site must now be consistent with guidelines of today’s Code. The applicant is now requesting relief form Section 6-25 of the UDC to allow two (2) driveways within 200 feet on a major collector roadway (Old Lost Mountain). The insert below outlined the requirement of the Unedified Development Code.
Staff has reviewed the request to allow two (2) access points within 200 feet on a major collector road. This variation is reviewed by the criteria established in Article 14, Section 14-24 of the City of Powder Springs Unified Development Code (UDC) for considering approval or denial of a hardship variance.
1. Review Criteria: Are there extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography?
The existing house currently does not meet the side yard setback of 10 feet for the R20 zoning district. Also, the southern driveway is located on the neighboring lot located to the south of the subject site. The conditions that currently exists is not as a result of the applicant. The applicant is now taking the necessary steps for the subject property to be in full compliance of the Unified Development Code.
2. Review Criteria: Would the application of the Development Code to this particular piece of property create an unnecessary hardship?
The applicant is in the process of selling their property. In gaining full ownership of assets contained within the property and to meet the requirements of the Unified Development Code the applicant must reconfigure their lot. If not granted approval for this variance request there could be legal ramifications that could potentially cause undue hardship on the owners.
3. Review Criteria: Are there conditions that are peculiar to the property involved that adversely affect its reasonable use or usability as currently zoned?
The conditions that currently exists only give the property owner one (1) foot from his property line to the house. This one (1) foot separation from the property line only allows the property owner limited right to use his property. Based on the site plan/survey submitted the driveway located to the south property is located on the southern neighboring property.
4. Review Criteria: Would relief, if granted, cause substantial detriment to the public good or impair the purpose and intent of the Development Code or the Comprehensive Plan?
If the relief is granted there will be no known anticipated threat to the public. These conditions have existed for over 18 years and has not been a public health and safety concern.
Fiscal Impact:
Approval of the request will not have an impact on traffic, place additional demand on water and sewer service and may not impact other public services.