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File #: PZ 22--027    Version: 1
Type: Variance Status: Passed
File created: 9/7/2022 In control: City Council
On agenda: 10/3/2022 Final action: 10/3/2022
Title: Variance: 5374 Silver Woods.To consider a variance to comply with Section 12-13 (c) Removal of landscaping as approved on plat and 12-3 (e) which prohibits encroachment of structures into buffer areas; and to consider a change in zoning conditions related the buffer disturbance and encroachment. PIN: 19080700300
Attachments: 1. Owners Authorization. Silver Woods Walk., 2. Variance App. Silver Woods., 3. Survey, 4. Executed PZ 22-027

CASE NUMBER:   PZ 22-027. Silver Woods Walk Undisturbed Buffer Variance.

APPLICANT: Kenneth Simpson.

VARIANCE REQUESTS:

1.                     Variance to comply with 12-3 (e) which prohibits encroachment of structures into buffer areas.

2.                     Variance to comply with Section 12-13 concerning removal of lot or buffer trees in rear yard as approved on landscaping plan.

3.                     To consider a Change in Zoning Conditions related the buffer disturbance and encroachment.

 

LOCATION:  5374 Silver Woods Walk. Cameron Springs Lot 27.

ZONING:     R15 Cluster.                                                           PIN: 19080700300.

Staff Recommendation:  DENIAL                                          Planning and Zoning Recommendation: APPROVAL

 

BACKGROUND:

The subject site is located within Cameron Spring subdivision within the Residential (R15C) zoning district. The subdivision was originally approved May 2, 2005 consisting of 152 single-family units. 

A 50’ undisturbed buffer was stipulated for the lots adjacent to the railroad (25, 26, and 27), which was established at original zoning - May 2, 2005 Rezoning approval. The front setback for lot 27 was reduced from 35-feet to 30-feet - May 19, 2008 Change in Zoning Conditions Approval.

Mr. and Mrs. Simpson would like to construct an enclosed patio on the existing concrete pad at the rear of the house. During the permitting process it was discovered that the existing concrete pad may encroach into the 25-foot impervious buffer that was shown on the foundation survey. A new survey was requested which revealed that the existing shed and privacy fence were encroaching into the 50’ undisturbed buffer. The applicant is seeking approval to keep their fence and shed in the current locations.  The application initially included a request for steam buffer variance, which was later determined as unnecessary. City Staff and the surveyor confirmed that state waters do not exist on, nor immediately adjacent the property.

In addition, the final recoded plat (2016) and approved tree plan for the Cameron Spring subdivision outlined the 50-foot undisturbed buffer. Article 12-13 of the Unified Development Code (UDC) specifically states removal of area designated for tree preservation shall not be removed unless authorized via a variance. The applicant is therefore requesting a variance for removal of the lot trees / undisturbed buffer trees. Those two rear yard lot trees were donated to a neighbor and are growing there currently. The applicant installed a row of evergreens inside the rear fence line when the shed and fence were originally constructed. The following link shows a video of the existing conditions at the rear of the property:

VIDEO of backyard showing shed, fence, evergreens, and concrete pad. <https://cityofpowdersprings.sharepoint.com/:v:/s/Community_Development/ETzvwPTQZ15Ok-96rI-PE68BhwCVwQOWNaXrv5f1tyzBEA?e=IMjZDI>

Video showing intact vegetative buffer on the outside of the fence. <https://cityofpowdersprings.sharepoint.com/:v:/s/Community_Development/Eb3RjdeQ8mlImRYiOVUtTzABavEjFhStzQKYpms6FTIYMg?e=QNiPtP>

 

 

Figure 1. Lot Survey

 

Figure 2. Recorded Plat. Cameron Springs Lot 27.

                                                       

Figure 3. Vicinity Map.

Figure 4. Picture of shed and evergreens, located just inside the fence line.

                        

 

 

Surrounding Land Use:

The subject site is located within the Cameron Springs subdivision and is surrounded by single-family residences. The Norfolk Southern railroad is adjacent to the north, beyond which is Powder Springs Dallas Road. State waters and the associated buffers are located to the west of the subject property as shown in figure 2 and represented by the blue creek lines in figure 3. Note that no state waters exist on the subject property, which was confirmed by a staff site walk and the surveyor producing a revised survey.

 

Analysis:

In accordance with Section 14-24 of the Unified Development Code, staff has reviewed the application and has not determined that one or more of the conditions required by Section 14-24 for issuing a variance exist as follows:

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 subject site is located on approximately 0.32 acres; within this 0.32 acres lies a 50-foot undisturbed buffer located to the rear of the property that that was a condition of approval for certain lots adjacent to the railroad, from the original rezoning in 2005.  Neighboring lots 25 and 26 also have this 50-foot undisturbed buffer. Other lots within Cameron Spring subdivision, with an undisturbed buffer, are at a maximum of 35-feet. Extraordinary or exceptional conditions exist on this property as all other lots within the Cameron Springs subdivision have a 35-foot rear setback, except for a few lots.

 

Figure 5. Condition #21 of rezoning approval - May 2005

 

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;

 

The literal interpretation to the code would deprive the applicant of common rights enjoyed by others, since 50-feet of the back yard is incumbered by buffers. The undisturbed buffer was only disturbed to the extent required to install the fence and shed. Video and staff inspection confirm that the vegetative buffer is intact. There was no widespread clearing of vegetation, and the applicant donated their two back yard lot trees to a neighbor which are still growing in the subdivision currently. The applicant supplemented the lot trees by installed a row of evergreens.

 

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 will provide the applicant special privileges. Within the Cameron Spring subdivision there have been two notable variance approvals recently:  5678 Walnut Mill Lane (PZ 20-007) was approved for removing the undisturbed buffer and installing concrete and pergolas without a permit; 3255 Birch Haven Trace (PZ 22-026) was approved to install a pool that encroached into the impervious buffer, which encumbers most of that property’s back yard.

 

 

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 will not be injurious to general welfare if approved. The 50-foot undisturbed buffer was intended to provide screening and separation from the railroad for the benefit of the immediately adjacent properties. Mr. Simpson retired from a career on the railway and describes moving to the subject property as a “full circle” moment. Additionally, he and his wife describe the property as their “forever home” and said they have or are seeking to make improvements to enhance the enjoyment of their property.

The screening and separation from the railroad has been enhanced by the installation of the fence and evergreens.

 

 

5.                     The special circumstances are not the result of the actions of the applicant;

 

The 50-foot undisturbed buffer and impervious setback requirements are not due to the actions of the applicant. However, the homeowner should have been aware of the restrictions that exists at the rear of his property.

 

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; and/or

 

The variance requested is to reduce the undisturbed buffer to allow the fence and shed is the minimum that will make possible the proposed use.

 

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 subject site is in the Residential (R-15C) zoning district which permits accessory structures and fences by right. However, these structures are not allowed within the undisturbed buffers areas.

 

 

 

 

 

Consolidated Analysis for Change in Zoning Conditions.

The buffer was requested during the original rezoning process to mitigate the impact of the railroad to the single-family parcels at lot 25, 26, 27 as shown in figure 5. While there has been encroachment into the buffer, the intent has been enhanced by the installation of privacy fence, and the row of evergreens.  The objective of the buffer to provide a visual screen and additional distance separation has not been negatively impacted and can still be achieved with the existing tight row evergreen trees and the structural screen provided by the fence.

 

 

 

 

 

 

 

Recommendations: Staff recommend DENIAL.

Planning and Zoning Recommendation: Approval.

 

If approval is considered, staff proposed the following conditions:

 

1.                     Approval of Variance to comply with 12-3 (e) to allow the encroachment of the fence structure and shed structure within the 50-foot undisturbed buffer

2.                     Approval of the variance to comply with Section 12-13 concerning removal of lot or buffer trees in rear yard.

3.                     Approval of the Change in Zoning Conditions to allow the encroachment of the fence structure and shed structure into the 50-foot undisturbed. This encroachment shall not be expanded.