STAFF REPORT
CASE NUMBER: PZ 21 - 037
APPLICANT: Brian Jones
PETITION: Variance Request: Dogwood Drive. To vary Section 8-23 of the UDC - Stream Buffer
LOCATION: Dogwood Drive within land lot 799 of the 19th District, 2nd Section, and Cobb County, Georgia.
ZONING: R-20 ACRES: 1 PIN: 19079900010.
STAFF RECCOMMENDATION: DENIAL
BACKGROUND: The subject site has a stream running through it on the eastern side. 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.
(c) Septic tanks and drain fields. No septic tanks or septic tank drain fields shall be permitted within the buffer or the setback required by this section.
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 <https://northgeorgiawater.org/> (ARC/MNGWPD) Stream Buffer Protection Ordinance in 2004. The existing homes in the area predate these code provisions.
Mr. Jones proposes subdividing the lot and developing 2 single family residences on the site: Tract one to the north and Tract two to the south. This application concerns the challenges faced on the proposed tract two. Mr. Jones explained his vision as being a home with a preserved natural area in the back yard with a stream running through it. To achieve this vision, the footprint of the home and limits of disturbance would encroach slightly into the 50-foot vegetative stream buffer, and considerably into the 25-foot impervious buffer. The limits of the disturbance and encroachment into the vegetative and impervious buffers are demonstrated in Figure 1. A full-sized illustration is attached to the agenda.
The Environmental Report prepared by Ecological Solutions and attached to the agenda, confirms the stream as state waters requiring a 25-foot state waters buffer. The proposed development would not encroach into the 25-foot state waters buffer, however the limits of disturbance of the sanitary sewer connection bore would. Since the perpendicular crossing of utilities are specifically exempt, a stream buffer variance application would not be required by the Georgia Environmental Protection Division.
Figure 1. Impacts to Undisturbed Vegetative Buffer and Impervious Surface Buffer
SURROUNDING AREA: The subject site is in an established neighborhood and is bordered to the west by Dogwood Drive. It is zoned R-20, and this zoning district predominates on all sides. Beyond R-20 exists R-15 to the north and southwest. The area was developed between the late 1960’s and early 1990’s - the homes adjacent to the to the west were developed in 1968 and 1969, those to the east in 1985, and the neighboring properties to the north and south were built in 1991 and 1987, respectively.
One primary topographic valley feature is located within and adjacent to the property. This
feature is located along the southern property boundary. Drainage from Dogwood Drive, adjacent lots, and the undeveloped tract is directed toward this feature through either surface
runoff or a culvert that is located under Dogwood Drive. The culvert is located at the
southwestern corner of the property. Immediately upgradient of the culvert on the west side of Dogwood Drive is an existing developed residential lot. The area immediately upgradient of the
culvert is mowed/maintained with no evidence of a channel or surface flow.
Figure 2. Contours and Natural Features.
Figure 3. Zoning Districts: Yellow - R20. Orange - R15. Subject site outlined in turquoise.
ANALYSIS:
The application was reviewed against the following criteria:
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.
One home could be developed on the platted parcel without the need for variances. Development on the proposed tract two is challenged by the existence of the stream, and its southerly sloping topography. The sloping prevails along that area of Dogwood Drive, but the impact of the stream is unique to southern area of this site. All other available parcels in the immediate area are developed with single family homes, as illustrated in figure 3. These homes were all developed prior to the stream buffer set back code provisions.
Figure 4. Parcels surrounding subject site (red outline) are developed.
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 provisions of the code, if applied literally here, would essentially deem the proposed Tract 2 undevelopable for a single-family home. However, one home could be developed on the platted parcel as it exists.
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 this variance would confer special privileges to the applicant since the applicant proposes to subdivide, and since the challenges faced at Tract two are a result of the existence of the stream on the southern portion of the parcel. The applicant could by right develop one single family home on the entire parcel.
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.
This unified development code is needed and intended to: maintain the integrity and individual character of established communities and settlements and promote desired character in new developments; prevent the encroachment of incompatible land uses within residential areas and preserve property values.
It is the view of staff that granting this variance will not be injurious to the integrity and character of the established area. However, there may be some inconvenience and noise disturbance that results from the construction activities at the site. The area has not experienced development activity on the scale proposed since the early 1990’s.
Additionally, streets, utilities, services, traffic access and circulation in the area are adequate to support the proposed development. However, allowing development in the required stream buffer does not meet the intention of this provision.
5. The special circumstances are not the result of the actions of the applicant.
These special circumstances are a result of the applicant’s desire to develop two single family homes instead of one. Economic implications aside, one home could be developed on the platted parcel without the need for stream buffer variances.
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 proposes that the impact to the 75-foot impervious buffer shall not exceed 1065 square feet, and the impact to 50-foot stream buffer shall not exceed 1056 square feet. Additionally, the areas used for buffer averaging are shown, but not clearly noted on the revised plan. Area mitigation is graphically shown at approximately 1:1. The areas used for buffer averaging will be of lesser riparian quality than the areas being impacted, i.e. swapping mixed woodlands for front and landscaped yard. There is no other area on Tract two to use for mitigation.
The applicant proposes mitigating the disturbance to the native vegetation by boring for the sanitary sewer instead of digging. Though drilling underground would incur additional expenses, it causes considerably less environmental impact. This mitigation reduces the disturbance to the existing vegetation thus reducing sediment entering the stream.
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 development of a two-story single-family residence with a basement foundation is permitted in the R-20 zoning districts.
STAFF RECOMMENDATION: DENIAL.
If approval is recommended, staff proposes the following conditions:
1. The limits of disturbance for the single-family residence, and the underground sanitary sewer bore shall be in accordance with the preliminary plan dated 10/14/2021.
2. The encroachment into the 75-foot impervious buffer shall not exceed 1065 square feet. The encroachment into the 50-foot stream buffer shall not exceed 1056 square feet. Aggregated, total impact to buffer areas shall not exceed 2121 square foot.
3. All disturbed areas shall be landscaped with native vegetation, except where sod or turf grass is required for water flow and for consistency with front yard appearances, subject to staff review.
4. All grading shall be directed southerly as shown with the flow arrows around the proposed structure on the preliminary plan dated 10/14/2021.
5. All downspouts shall be directed so that all runoff is directed southerly as shown on the grading plan dated 10/14/2021.
6. The stream buffer shall be separated from the property with a split rail fence and a sign that marks it as a stream buffer, where appropriate subject to staff review. Fencing may not be required in front yard areas.
7. The 50-foot undisturbed buffer and additional areas provided for buffer averaging (as shown on preliminary plan dated 10/14/2021) shall be placed in a conservation easement, the exact location of which to be determined at the time of land disturbance permitting.