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File #: PZ 23--009    Version: 1
Type: Variance Status: Passed
File created: 4/5/2023 In control: City Council
On agenda: 4/17/2023 Final action: 4/17/2023
Title: Variance Request. To vary Section 8-23 of the UDC to reduce stream buffers. The property is located at 3152 Brooks Lane, within land lot 725 of the 19th District, 2nd Section, Cobb County, Georgia. PIN: 19072500120.
Indexes: SP - Develop and Promote a Safe City
Code sections: Sec. 8-23 - Stream Buffers
Attachments: 1. Executed PZ 23-009
Related files: PZ 23--003

CASE NUMBER:    PZ 23-009

APPLICANT: Minh Nguyen and Craig Hawkins

VARIANCE REQUEST: To vary Section 8-23 of the UDC to the reduce impervious surface setback of an accessory building expansion.

LOCATION:  3152 Brooks Lane

ZONING:    R-20                                           ACRES:  5.62 acres                      PIN: 19072500120

 

Staff Recommendation:  APPROVAL

 

BACKGROUND:  The applicant was granted a variance (PZ 23-003 <https://powd.legistar.com/LegislationDetail.aspx?ID=6009118&GUID=B4F8D77A-08DC-4C8F-8C46-0D2FE648F29A>) on February 6th, 2023 to construct a 4,800 square foot accessory building, expanding the current site of the existing shed. The applicant began construction of the expanded structure without proper review and permitting. During the permitting process it was discovered that a stream, not previously delineated, exists on the property. The 75-foot impervious surface setback impacts the proposed site of the expansion 4,800-sf structure.

The subject site is encumbered by floodplain, stream buffers, and a sanitary sewer easement. The proposed location of the expansion structure attempts to develop on the limited developable area available, but the recent discovery of additional water ways resulted in a portion of the structure’s footprint falling within the impervious surface setback.  Section 8-23 of the UDC provides that all land development activity shall meet the following requirements:

a.                     Buffer. An undisturbed natural vegetative buffer shall be maintained for 50 feet,

measured horizontally, on both banks of all streams, as measured from the

top of the stream bank.

b.                      Impervious surface setback. An additional setback shall be maintained for 25 feet,

measured horizontally, beyond the undisturbed natural vegetative buffer, in which all

impervious cover shall be prohibited. Grading, filling, and earthmoving shall be

minimized within the setback.

 

Georgia did not have a law regarding stream buffers until 1975. Local stream buffers and impervious setback were not required until 2004.  Powder Springs adopted the Atlanta Regional Commission’s Metropolitan North Georgia Water Planning District  (ARC/MNGWPD) Stream Buffer Protection Ordinance in 2004. The existing home, and likely the existing accessory structure, predate these code provisions.

 

 

SURROUNDING AREA: Please see attached Figures 1 and 2, which provide an aerial view of floodplain and waterway impacting the property, and an updated site survey showing the impervious surface setback line running through existing and proposed expanded accessory structure. Staff notes that this property is further impacted by future conditions floodplain and area adjacent to the flood areas. Floodplain regulations must also be followed for the areas of the property outside of the floodplain (SFHA) that are located adjacent or in future conditions.

Figure 1. Floodplain and waterways. 3152 Brooks Lane.

 

 

 

 

 

Figure 2. Site Survey. Red dashed line depicts where the impervious setback line passes through the existing and proposed expanded structure.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANALYSIS:

 

Sec. 8-24. 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 required 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 total tract acreage is 5.62 acres, the majority of which is impacted floodplain, stream buffers, and a sanitary sewer easement, as shown in figures 1 and 2 above. Figure 3 depicts contours. The proposed location of the accessory building expansion is the most suitable location on the site.

 

Figure 3. Contours.

 

 

 

 

B.                     The locations of all streams on the property, including along property boundaries;

Figure 2 depicts the location of streams. Streams run across the entire property.                     

 

C.                     The location and extent of the proposed buffer or setback intrusion;

The total encroachment into the 75-foot impervious surface setback is 1567.28 square feet, as shown in figure 4.

 

Figure 4. Extent of buffer encroachment = 1568 sf.

 

 

D.                     Whether alternative designs are possible which require less intrusion or no intrusion;

The proposed location is the best location on the site for the shed expansion.

 

E.                     The long-term and construction water-quality impacts of the proposed variance;

The proposed building expansion enlarges the buffer intrusion currently caused by the existing structure. The extent of the intrusion is relatively minimal compared to the remaining impervious areas on the property. Staff is of the non-expert opinion that the long term negative impacts to water quality are negligible.

 

F.                     Whether issuance of the variance is at least as protective of natural resources and the environment;

The issuing the variance will likely have negligible impacts to natural resources.

 

G.                     Whether the actions of the property owner have created conditions of hardship on that property, in which case a variance should not be granted.

The actions of the property owner have created the need for a variance. Note that the house was built in 1972 and the existing shed was likely built shortly thereafter.  The impervious surface setback encroachment of the existing shed, shown in figure 4, likely predates the 2004 ordinance requiring impervious surface setbacks.

                     

 

 

 

 

 

 

STAFF RECOMMENDATION: Staff recommends APPROVAL, with the following conditions:

 

1.                     The encroachment into the 75-foot impervious surface setback shall not exceed 1570 square feet.

 

Potential stipulation #2.

2.                     The applicant shall provide an area of comparable riparian quality for 1:1 buffer averaging and show area provided on revised plan.