PZ 24-024
APPLICANT: GCSA Macland LLC.
VARIANCE: To vary Sec. 2-15, to reduce certain perimeter building setback from 35’ to 28’.
LOCATION: 3149 New Macland Road. Concord Oaks Subdivision.
ZONING: PUD-R ACRES: 6.2
STAFF RECOMMENDATION: Approval Planning and Zoning: Approval
BACKGROUND: The subject site was rezoned from NRC and R-20 to develop a townhome community; approved on January 18, 2022 (PZ21-045). A change in zoning conditions related to the approved site plan was approved on September 19, 2022 (PZ22.029). An administrative variance request to reduce the requirement for retention of existing tree canopy coverage was approved on August 18, 2023. A second administrative variance request to allow the encroachment of uncovered rear patios into the building setback was approved on September 5, 2023.
The applicant provided the following to explain why this subject variance request is necessary:
Georgia Capital was aware during permitting that there was going to be some part of our foundation that would encroach into the slope. We were prepared to address this with an engineered foundation to construct the home. After having the corners of the building staked the determination was made that while we could construct the home per civil plans there would be no side yard for the property or anyway to grade into one with the continuing grade below above the access road. It is also a safety issue for someone if on the slope and with this shift it will allow us to remove all safety concerns with a fence and provide some side yard at the top of slope.
This variance request is to vary minimum setback requirements of certain units at the southern perimeter of the development site. The row of town homes highlighted in figure 1, must be shifted south due to space constraints on the site. The request is to reduce the perimeter building setback for lots 32 -34, from 35-feet to 28-feet. The setback are as follows:
Front: 15 feet from right-of-way.
Perimeter: 35 feet setback (except for along New Macland Road).
New Macland Road: 20 feet.
Between buildings: Minimum of 10 feet.
Rear Setback: 20 feet.
The Purpose and Intent of Building Setbacks: Setbacks play a significant role in shaping the overall look and feel of the neighborhood, especially given this development’s proximity to the major thoroughfare of New Macland Road. They can contribute to the desired architectural character of an area, promote landscaping and greenery, and enhance the visual appeal of the community. Setbacks ensure that buildings are located a safe distance away from property lines, streets, and neighboring structures. Additionally, setbacks are intended to create separation between zoning districts and varying intensities of residential developments, aimed at reducing privacy conflicts between neighbors.
The Purpose and Intent of the PUD-R zoning district: To encourage ingenuity and resourcefulness in land planning techniques which result in quality residential patterns that conserve and create open space; To achieve other goals including the protection of sensitive environmental, historic, or aesthetic resources as well as the provision of site amenities such as parks, open space, walking trails, etc.
UDC Sec. 2-15. PUD-R, Planned Unit Development - Residential.
c. The building setback abutting any zoning district must be 35' along the perimeter of the site.
SURROUNDING AREA: Residential zoning districts (R-20, MDR) are predominant in the surrounding area to the north, east, and west. Adjacent to the south is CRC zoning - the southern boundary of the proposed residential development abuts the commercial development at the corner of New Macland and Macedonia Roads. A 170-foot wireless telecommunication tower and facility currently exists at the southern boundary of the site at 3215 New Macland Road.
Figure 1. Site plan.
Figure 2. Reduction in the perimeter building setback for lots 32 -34, from 35-feet to 28-feet.
Due to space constraints at the development site, the applicant requests to shift the lot lines, shift the 10’ side setback building line on the lots, and to reduce the perimeter buffer at that section from 35’ to 28’.
Georgia Capital was aware during permitting that there was going to be some part of the foundation that would encroach into the slope. They were prepared to address this with an engineered foundation to construct the home. After having the corners of the building staked the determination was made that while they could construct the home per civil plans there would be no side yard for the property or anyway to grade into one with the continuing grade below above the access road. It is also a safety issue for someone if on the slope and with this shift it will allow us to remove all safety concerns with a fence and provide some side yard at the top of slope.
Figure 3. Landscaping Plan. ‘Fosters Holly’ Proposed adjacent to Unit 32.
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.
The development site is incumbered by stream buffers (Appendix I). The size, shape and topography are all challenges for this parcel. The existing lake, stream buffer, cell tower, triangular shape of the parcel and downward sloping topography, all contribute to the difficulties of the site.
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.
Other similar residential developments generally comply with perimeter setback requirements. The PUD-R zoning district requires 35’ perimeter setback, per UDC Sec. 2 -15.
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.
The applicant must comply with the city’s development requirements. Granting this variance will not confer additional privileges. The applicant will still be required to provide the 25’ landscape buffer.
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 request is in harmony with the intent of the PUD-R zoning district, which is to encourage ingenuity and resourcefulness in land planning techniques. The requested variance represents a 20% decrease in that certain perimeter buffer region.
5. 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.
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 minimum variance has been requested, per the applicant. Given the constraints of the site, staff is of the opinion that the minimum variance has been requested to allow this development to go forward with the approved site plan.
RECOMMENDATION: Staff recommends Approval , with the following conditions:
1. The request to vary Sec. 2-15 is approved; to reduce certain perimeter building setback for lots 32 -34, from 35-feet to 28-feet, as demonstrated in figure 2. The associated shift in lot lines, and side setback lines is approved.
2. Lot 32 structure must remain at least 2’ from edge of proposed sanitary sewer easement.
3. Enhanced landscaping shall be provided adjacent to lot 32. Landscaping plan subject to the review and approval of the Community Development Department.
4. A wooden privacy fence shall be provided at the southern boundary for separation, screening, and to limit access from the commercial uses, subject to review and approval by the Community Development Department.
Appendix I
Cobb Water & Sewer Comments: Lot 32 structure must remain at least 2’ from edge of proposed sanitary sewer easement (shown but not labelled on zoning exhibit).