CASE NUMBER: PZ 22-013.
APPLICANT: Carla Hamby
VARIANCE REQUEST: To vary Table 2-2 of the UDC - rear setback of accessory structure within R-15 zoned districts - to reduce setback from 30’ to 10’.
LOCATION: 2837 Spring Green Way, within land lot 600 of the 19th District, 2nd Section, Cobb County, Georgia.
ZONING: R-15 ACRES: 0.46 ac PIN: 19060000090.
Staff Recommendation: DENIAL. Planning and Zoning Recommendation: APPROVAL.
BACKGROUND: Ms. Hamby is requesting to reduce the minimum required rear setback for an accessory structure from 30’ to 10’ to install a 20’ x 24’ concrete parking pad for a travel trailer in the back yard. She’d like to also like to have to option to build detached garage on the parking pad in the future.
Table 1. UDC Table 2-2. Dimensional Requirements for Residential Zoning Districts.
|
SETBACKS FOR PRINCIPAL BUILDINGS AND ACCESSORY STRUCTURES LARGER THAN 144 SQUARE FEET IN FLOOR AREA |
R-30 |
R-20 |
R-15 |
MDR |
PUD-R |
|
Front (feet) |
45 |
35 |
35 |
35 |
‡ |
|
Side (feet) |
12 |
10 |
10 |
10 |
‡ |
|
Rear (feet) |
40 |
35 |
30 |
20 |
‡ |
SURROUNDING AREA: Residential zoning prevails in the area. R-20 is adjacent to the north; R-15 prevails to the east and south; and county R-80 is adjacent to the east. The property is located at the end of a dead-end street. The side yard to the north as well as the back yard of the subject site is adjacent to neighboring back yards.
Figure 1 Site plan showing proposed 20' x 204' concrete parking pad
Figure 2. Picture of Back Yard
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 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.
There are no difficulties or special circumstances related to the subject property. With an area of approximately 20,000 sf, the lot is rectangular, flat, and consistent with other lots within the development.
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 code would not deprive the applicant of rights enjoyed by others. The applicant has expressed a desire to, “do the right thing” by seeking the approval of the variance request to construct the parking pad.
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 would confer special privileges by allowing accessory structure within the required minimum rear setback of 30’ for R-15 zoning districts. The applicant’s yard is of sufficient size at 20,000 sf approx. and has room for further impervious coverage. The installation of the proposed parking pad would bring the subject lot’s impervious coverage to 14%, where 35% is the maximum allowed within R-15 zoned districts.
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.
As it relates to this variance request, the unified development code is intended to maintain the integrity and individual character of established communities and settlements, and to prevent the encroachment of incompatible land uses within residential areas and preserve property values.
The requested variance will not be injurious to surrounding properties. The proposed location is behind the house and will most likely be screened from street view since the property is located at a the end of a dead-end street, and since adjacent backyards back up to the subject back yard. Additionally, there is a vegetative buffer of undisturbed pines trees to the rear of the subject site.
5. The special circumstances are not the result of the actions of the applicant.
The applicant requests the variance to provide a parking area in the back yard for a travel trailer, and to serve as the foundation for the potential vertical construction of a shed or detached garage in the future.
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 request to reduce the rear setback from 30’ to 10’ is the minimum to make possible the applicant’s wish to install a 20’ x24’ parking pad. The applicant expressed that installing the concrete parking pad with a 30’ rear setback would place the pad in the middle of the back yard, which would be less than ideal, she has stated.
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 variance would not permit a use not otherwise permitted within the R-15 zoning district. The applicant could install the proposed accessory structure by right, subject to the requirements of the UDC for setback, impervious lot coverage, etc.
STAFF RECOMMENDATION: Staff recommends DENIAL of the Variance Request to reduce setback from 30’ to 10’ for accessory structures greater than 144 sf, within R-15 zoned districts.
Should approval be considered, staff proposes the following conditions:
1. The proposed parking pad of dimension 20’ X 24’ is allowed to be setback a minimum of 10’ from the rear property line.
2. A foundation survey shall be provided for the parking pad. The applicant shall comply with all code provisions and permitting regulations to secure a paving permit prior to the construction of the parking pad.
3. In the case that the applicant decides to construct a detached garage or shed on the concrete pad in the future, a design review of the vertical structure shall be required. Upon approval of the design review, the applicant shall comply with all code provisions and permitting regulations to request a building and any other applicable permits, prior to the beginning vertical construction.
4. Any future vertical structure shall not exceed 480 sf in floor area. The use of any such structure shall be limited to shed or detached garage, and shall not be configured to function as an accessory dwelling unit.