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File #: PZ 24-023    Version: 1
Type: Special Use Status: Passed
File created: 6/10/2024 In control: City Council
On agenda: 7/15/2024 Final action: 7/15/2024
Title: Special Use Request for a privacy fence at the road frontage. The Property is located at 3401 Redwood Forest LN SW, within land lot 821, 19th District, 2nd Section, Cobb County, Georgia. PIN: 19082100470
Code sections: Sec. 4-135. - Fence or wall.
Attachments: 1. Executed PZ 24-023, 2. Special Use App Redacted, 3. 94423399-f1fe-4c84-a177-7b9a50f3d140_Redacted, 4. Site plan, 5. 2681738f-799d-4353-a56f-57242463ce3a_Redacted

PZ 24-023.

APPLICANT:  Assatou Barry and Ibrahim Diallo

SPECIAL USE: To allow front yard privacy fence at the Story Road Frontage, per UDC Table 4-1.

LOCATION: 3401 Redwood Forest Lane SW

ZONING: R-15(C)                               ACRES:    0.346 ac                    PIN: 19082100470

 

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 applicant requests to allow the fence to remain at the Story Road frontage, and they wish to expand the front yard encroachment by installing additional fencing at the Story Road frontage to enclose the HVAC unit to create a larger enclosed area in their yard. Staff expressed to the applicant that there is no support for expanding the non-compliant conditions by allowing the fence to be expanded further into the front yard to also enclose the HVAC unit.

In 2020, the applicants illegally cleared adjacent HOA property, and were compelled to revegetate that property, however the trees planted to resolve that issue did not survive. The problem was compounded when the applicants fenced in the HOA property. Code enforcement action related to the fence was initiated in August 2023, after the applicants enclosed said HOA property within their fenced area. The fence has since been removed from HOA property, and the applicant is now seeking Special Use approval to allow the fence to remain at the road frontage.

The neighboring property has open code enforcement violation related to unpermitted gazebo and fencing on HOA property. Additionally, the property across the street also has a non-compliant privacy fence at the Story Road frontage - they have been referred to code enforcement, but a violation was not on record as of the drafting of this report.

 

 

SURROUNDING AREA: The subject property is located within the Cameron Springs subdivision. Residential Uses prevail on all sides.

 

Figure 1. Zoning District: R-15 C

 

Figure 2. Fence current location in red.

 

Figure 3. Fence at road frontage. Note that existing mature trees are screening the fence.

 

ANALYSIS:

The application was reviewed against the following criteria:

 

1.                     Will the proposed special use be consistent with the stated purpose of the zoning district in which it will be located?

 

The request is not consistent with the Unified Development Code (UDC). The UDC prohibits privacy fences at street frontages. However, some subdivisions have perimeter fencing as a part of their conditions of approval, in which case the fence is installed by the developer, subject to landscaping screening requirements.

 

2.                     Will the establishment of the special use not impede the normal and orderly development of the surrounding property for uses predominate in the area?

 

The establishment of the special use will not have an adverse impact on the development of surrounding property. 

 

3.                     Is the location and character of the proposed special use consistent with a desirable pattern of development in general?

 

The current location is consistent with the desired pattern of development. Visibility from the street is minimized by the existing mature evergreens. The privacy fence installed by the homeowners continues from the split rail fence installed by the developers. The black split rail fence is partially visible in figure 3. 

 

4.                     Is or will the type of street providing access to the use be adequate to serve the proposed special use?

 

Not applicable. The request is related to a privacy fence at road frontage.

 

5.                     Is or will access into and out of the property be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles?

 

Not applicable. The request is related to a privacy fence at road frontage.

 

6.                     Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the proposed use?

 

Not applicable. The request is related to a privacy fence at road frontage.

 

7.                     Are or will refuse, service, parking and loading areas on the property be located or screened to protect other properties in the area from such adverse effects as noise, light, glare, or odor?

 

Not applicable. The request is related to a privacy fence at road frontage.

 

8.                     Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?

 

Not applicable. The request is related to a privacy fence at road frontage.

 

9.                     Will the height, size or location of the buildings or other structures on the property be compatible with the height, size or location of buildings or other structures on neighboring properties?

 

The style of the privacy fence, as well as the 6’ height and location at the Story Road frontage, are compatible with the character of the neighbor.

 

 

 

STAFF RECOMMENDATION: Given that visibility of the fence from the street is adequately screened by the existing mature evergreens, as shown in figure 3, staff recommends APPROVAL, subject to the following conditions:

 

 

1.                     The special use request to allow the fence to remain in its current location is approved. The encroachment of the fence into the front yard shall not be expanded to enclose more of the side yard.

 

2.                     The applicant shall replant per the approved plan for revegetation of the wooded buffer and open space cleared adjacent to the rear of their property, within 60 days from the date of Special Use approval.