CASE NUMBER: PZ 23-008
APPLICANT: Isidro Trujillo
VARIANCE REQUEST: To reduce side setback of existing rear patio extension, and to allow a concrete access path to connecting the rear patio to the front driveway to encroach into the side setback.
LOCATION: 4107 Maple Lane, Powder Springs, GA
ZONING: R-15 ACRES: 0.34 PIN: 19075600320
Staff Recommendation: Approval
Planning and Zoning Recommendation: Denial. PZ voted 5 - 1 to deny.
BACKGROUND: Applicant wishes to connect a concrete patio in the rear yard to the driveway serving the residence by adding a concrete access path, which encroaches into the side yard setback. The path will allow for wheelchair access for a family member.
SURROUNDING AREA: Please see Figure 1-Zoning Map and Figure 2-Front Elevation of Residence.
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. It is Staffs opinion that the properties shape and configuration are very similar to other residential properties in the area, some of which provide access paths with a non-hardened surface. It is also staff's opinion, that a non-hardened surface would not be sufficient to provide wheelchair access.
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. It is Staffs opinion that failure to allow for a hardened surface to accommodate wheelchair access would deprive the applicant of rights that would otherwise be enjoyed.
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. It is staff’s opinion that a concrete access path does not constitute a permanent structure and would have minimal impact on adjacent properties in the R-15 zoning district. It is also staff’s opinion that other similarly zoned residential properties in the area have access paths similar to that proposed by the applicant, differing only and the fact that they are non-hardened surfaces.
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. Give that no permanent structures are being proposed, no adverse effect upon adjacent properties is anticipated.
5. The special circumstances are not the result of the actions of the applicant. It is Staffs opinion that the applicant is simply trying to provide harder to access for a wheelchair bound family member.
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. It is staff's opinion that the applicants request is indeed the minimum to make it possible to provide access for the wheelchair bound family member.
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. It is Staffs opinion that a concrete access path is not a use of the land that would not be permitted within the R15 zoning district.
STAFF RECOMMENDATION:
Approval subject to the following conditions:
1. The variance request to reduce the side setback of existing rear patio is approved, on the west side property line only.
2. The minimum side setback for the ADA access path is 5-feet from the property line.
3. Concrete pad encroachment withing 5-feet of the property line must be removed. All land disturbance must be graded and sodded and returned to their original condition.
4. The applicant is allowed to install a 3-foot concrete access path connecting the front driveway to rear patio, on the west side of the property, to allow for ADA ingress and egress. The concrete access path must be setback a minimum distance of 5-feet from the property line.
5. The applicant to properly permit the installation of the 3-foot path and to provide Community Development with an Erosion Control Plan demonstrating compliance with local and state regulations so to protect adjacent property owner during installation of the path.
6. There is to be no vertical construction on the rear patio concrete pad extension, without prior design review and permit approval from the Community Development Department.