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File #: PZ 23--031    Version: 1
Type: Variance Status: Passed
File created: 12/8/2023 In control: City Council
On agenda: 2/5/2024 Final action: 2/5/2024
Title: Variance Request to vary Sec. 4-135 (g) to allow a gate within 25-feet of the right-of-way. The property is located at 3886 Sharon Drive SW, within land lot 871 of the 19th District, 2nd Section, and Cobb County, Georgia. PIN: 19087100320.
Code sections: Sec. 4-135. - Fence or wall.
Attachments: 1. Executed PZ 2023-031 Tabled Motion to 02-05-24, 2. Variance request. 3886 Sharon Drive Redacted, 3. Exhibits. Sharon Drive, 4. Written Support - redacted, 5. Executed PZ 2023-031
Related files: PZ 23--028

PZ 23-031.

APPLICANT:  Fernando Sandoval

VARIANCE: To vary section 4-135 (g) to allow the gate to be located closer than 25' of a public street or road right-of-way.

LOCATION: 3886 Sharon Drive, SW.

ZONING:   R-15                              Acreage:  1.52 ac                                                                            PIN: 19087100320.

 

STAFF RECOMMENDATION:    Denial.                         PLANNING AND ZONING: Approval

 

BACKGROUND: The home at 3886 Sharon Drive was built in 1920. Mr. Sandoval purchased the home in January 2022, then renovated and installed a non-compliant front yard fence and gate. In August 2022, he requested permits and made substantial improvements to the property. In February 2023 Code Enforcement cited for expired permits, and for work without a permit related to driveway paving.

 

The applicant contacted Community Development to continue expired permits for:  minor land disturbance, dumpster, and remodel permits; and he requested a new paving permit. However, no permit was requested for the front yard gate and fence.

 

In November 2021, prior to Mr. Sandoval’s acquisition, the property received code violations for: Accumulation of rubbish or garbage, Dangerous structure or premises - neglected, damaged, unsecured or abandoned, Declaration of nuisance, Permit required, Vacant Property Maintenance, and Vacant Property Registration.

 

Figure 1. Before (Oct. 2019) and After (Sept. 2023) remodel by Mr. Sandoval.

 

 

Cobb County Fire Marshall’s Comments:

Gates securing fire apparatus access shall be a minimum 14 feet in clear width for a single lane and 20 feet for a double lane. The gates shall not reduce the operating width of the roadway. Double lane gates shall be a minimum of 20 feet in clear width. Gates shall be of the swinging or sliding type. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the Cobb County Fire Marshal’s Office.

                     

SURROUNDING AREA:  The property is in a well-established residential neighborhood, where R-15 zoning prevails.  At 1.5 acres, this property is larger than those in the area and features a long street frontage compared to other properties. No other property in the area has a front yard fence, nor a gate, nor a stone and brick masonry mailbox enclosure.

 

Figure 2. Zoning Maps

 

 

 

Figure 3 Fence and gate.

 

Figure 4. The gate is setback 5' from the R.O.W., where 25' is required.

Figure 5. Site Plan.

 

Figure 6. Aerial Map

ANALYSIS:

 

 

Fences and gates are governed by Section 4-135 of the Unified Development Code.  This section provides the following:

 

 

(g)                     Gates. When gates for vehicular access are required or proposed, said gates shall not be located closer than 25' of a public street or road right-of-way, to ensure safe ingress and egress.

 

 

 

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.

 

The property is a 1.5-acre lot, that is relatively flat and is larger than adjacent lots. There are no special circumstances related to size, shape or topography.

 

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.

 

No other properties in the immediate area have front yard fences or gates, except further away down Sharon Drive where there are only a few front yard fences in the unincorporated area.

 

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.

 

Other properties in the area require special use approval to have front yard gates. They would be required to adhere to the setback provisions for the gate.

 

 

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.

 

Granting the variance will not be injurious to general welfare. The Cobb County Fire Marshall’s Office (FMO) did not object to the gate being within the required 25-foot setback. The FMO’s stipulations are included in the appendix.

               

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

 

The applicant executed work on the gate without prior permit review and approval from the Community Development Department, and received a Code Enforcement violation.

 

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 applicant is requesting that the gate remain in its current position. The gate is setback 5’ from the R.O.W and 16’ from edge of pavement, where 25’ is the minimum required, as demonstrated in figure 4.

 

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.

 

Fences in the R-15 zoning district are allowed in the front yard only after special use and should be limited to 3 feet in height in the front yard and 6 feet in height in the side and rear yard.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

STAFF RECOMMENDATION:  Staff recommends DENIAL. Should approval be considered, staff proposes the following conditions:

 

 

1.                     The applicant shall comply with all Cobb County Fire Marshall’s Office (FMO) regulations related to the front yard gates.

 

2.                      Approval of the special use request to allow a fence in the front yard.  Any fencing structures installed in the front yard shall comply with the approved material composition and types specified for residential zoning districts in Table 4-1 of the Unified Development Code. The fencing around the front yard section of the property shall not exceed 3-feet in height. (max height stipulation removed via PZ approval motion 1/29/2024)

 

3.                     Approval of the variance request to allow the gate to be located closer than 25 feet from the right-of-way.

 

4.                     The applicant shall submit a boundary survey of existing conditions to confirm that there is no encroachment into the right-of-way.

 

5.                     Should any public infrastructure improvements along Sharon Drive necessitate the removal of the fence and/or gate, then the applicant agrees to relocate the fence and gate structures at their own expense.

 

6.                     The applicant shall pay all required permit fees, and work done without a permit penalty fees for the installation of the front yard gate and fence, installation of electric motor for the gate, and installation of the accessory shed, as determined by the Community Development Director. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix I. Cobb County Fire Marshall’s Office Comments