CASE NUMBER: PZ 22-016.
APPLICANT: Michelle Alcala, All in One Pool Construction LLC. Property Owners: The Browns.
VARIANCE REQUEST: To vary Section 8-23 of the UDC - Stream Buffer Setback, at this R-15 Cluster zoned property.
LOCATION: 3255 Birchhaven Trace, within land lot 820 of the 19th District, 2nd Section, Cobb County, Georgia.
ZONING: R-15 (Cluster) ACRES: 0.28 ac PIN: 19082000430.
Staff Recommendation: DENIAL. Planning and Zoning Recommendation: APPROVAL.
BACKGROUND: The property at 3255 Birchhaven Trace has a stream running through adjacent parcels behind the property, resulting in the impervious stream buffers extending into the property. The property owner wishes to install a below ground pool in the back yard, however, there is not enough room on the property to maintain the required impervious area within the stream buffer, as well as install a pool. The extent of the proposed encroachment of the pool and impervious decking is 543 sf. The function of a stream buffer is to protect the physical and ecological integrity of the water, to reduce the flooding potential and to filter runoff from all development.
Figure 1. Site Survey Showing 75’ Buffer. Figure 2. Pool Site Plan. Yellow line: 75’ Impervious Buffer
SURROUNDING AREA: This property is within the Cameron Springs Subdivision, where R-15 (Cluster) zoning prevails. The property adjacent to the rear is accessible from Story Road and was approved (PZ 22- 004 on 4/18/2022) for annexation and rezoning to PUD-R for the development of a subdivision of detached single-family homes.
Figure 3. 3255 Birchhaven Trace, with stream on adjacent parcels to the rear of the property.
Figure 4. 3D Rendering of proposed pool.
ANALYSIS:
Sec. 8-24. Stream Buffer Variances. Upon application in accordance with article 14 of this development code, the governing body may vary the requirement of this section to maintain that portion of the requirement 50-foot buffer furthest from the stream bank, and the requirement to set back for impervious surfaces. Variances shall not be allowed by the city to that portion of the require stream buffer within 25 feet of the stream bank.
The following factors will be considered in determining whether to issue a variance:
a. The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;
The majority of the back yard area is within the stream buffer, with the the 75-foot impervious buffer line crossing the through the location of proposed pool, as shown in figure 2. Since most of the backyard is within stream buffers, there are no opportunities here for the applicant to provide other areas of similar vegetative coverage for conservation or buffer swapping.
b. The locations of all streams on the property, including along property boundaries;
There is a stream at the rear of the property as depicted in figure 3.
c. The location and extent of the proposed buffer or setback intrusion;
The applicant proposes to encroach a maximum area of 550 sf into the impervious buffer as shown in figure 2.
d. Whether alternative designs are possible which require less intrusion or no intrusion;
Given the constrains caused by the small back yard and the presence of the stream buffers, the applicant has proposed a smaller pool to reduce the encroachment into the impervious areas.
e. The long-term and construction water-quality impacts of the proposed variance;
The proposed encroachment should have minimal long-term and construction water quality impacts. Should approval be considered, the stipulations are intended to minimize construction and long-term negative externalities related to the stream.
f. Whether issuance of the variance is at least as protective of natural resources and the environment; and
If approved, the applicant shall plant additional native vegetation at the rear of the property to help filter surface run off in the riparian areas, and compensate for the reduction in pervious area.
g. Whether the actions of the property owner have created conditions of a hardship on that property, in which case a variance should not be granted.
The applicant’s actions have not created conditions of a hard ship. The natural environmental characteristics of the property, and the builders decision to place the house in its location, have resulted in the impervious buffer area covering the majority of the back yard of this property.
Additionally, the application was reviewed against the following criteria for Variance Requests:
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 particular difficulties pertaining to the subject property are due to its location in proximity to the stream, as shown in figure 3. The majority of the back yard area is within the stream buffer, with the the 75-foot impervious buffer line crossing the through the location of proposed pool, as shown in figure 2. Since most of the backyard is within stream buffers, there are no opportunities here for the applicant to provide other areas of similar vegetative coverage for conservation or buffer swapping.
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.
Several properties located along Birchhaven Trace are similarly impacted by the presence of stream buffers in their backyards. However, other properties within the subdivision that are not in proximity to a stream could develop a pool in their back yards.
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 a variance to encroach into the 75-foot impervious stream buffer would confer special privileges denied to others. The immediate neighbors in proximity to the stream are governed by the same provisions that the applicant seeks to vary.
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 requested variance is not in harmony with the development code. The intent, as it relates to this case, is to protect the integrity of the watershed and preserve the health of water resources. Reducing the pervious area could have unintended negative environmental impacts.
The purpose of undisturbed buffers and impervious surface setbacks are:
i. To protect, restore and maintain the chemical, physical and biological integrity of streams and their water resources.
ii. To remove pollutants delivered in urban storm water.
iii. To protect public water supplies.
iv. To maintain base flow of streams.
v. To minimize erosion and control sedimentation.
vi. To provide infiltration for storm water runoff.
vii. To minimize impervious surfaces close to streams.
viii. To provide riparian wildlife habitats and promote desirable aquatic habitat.
5. The special circumstances are not the result of the actions of the applicant.
These circumstances are the result of the naturally occurring environmental characteristics of the area and the location of the property in proximity to a stream.
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 would make possible the proposed pool. The applicant is requesting to encroach 543 sf into the 75-foot impervious buffer. There will be no encroachment into the 50’ city stream buffer.
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 proposed pool would be allowed if the stream buffers did not exist on the property, subject to permitting and other applicable code requirements.
STAFF RECOMMENDATION: Staff recommends DENIAL of the variance request to Section 8-23 of the UDC - Stream Buffer Setback - 75’ impervious surface setback.
Should approval be considered, staff proposes the following conditions:
1. A maximum encroachment of 550 sf into the 75’ stream buffer setback shall be allowed for the purpose of constructing a below ground pool in the back yard of the subject property.
2. All code provisions for pool construction, and applicable permitting regulations shall be complied with.
3. A grading plan shall be required, and all excavated soil and material must be removed from the property. The grading plan shall include a proposal of steps and measures the applicant’s construction company will take to reduce the potential of sediment and construction debris entering the stream.
4. The applicant shall submit a landscaping plan, subject to staff review and approval, with the purpose and intent of planting additional native vegetation existing in the riparian area at the rear of the property, to improve filtration of surface stormwater runoff into the stream.