Staff Report
File #: PZ 20-007
APPLICATION: Variance APPLICANT: Jerald Freeman
Staff Recommendation: Denial
Planning and Zoning Recommendation, April 27, 2020:
Approval of PZ 20-007 with conditions as indicated in report - Vote 7:0
Mayor and Council Decision: Pending
PETITION:
To consider a variance application
PURPOSE OF THE REQUEST:
1. Removal of 30 foot undisturbed buffer as indicated on approved plat (Section 12-13).
2. Reducing the rear setback from 35 feet to 8.6 feet to accommodate two (2) pergolas (Table 2-2).
3. Reduce the west side setback from 10 feet to 4.7 feet to accommodate pergola (Table 2-2).
4. Reduce the east setback from 10 feet to 5.3 feet to accommodate pergola (Table 2-2).
LOCATION: 5678 Walnut Mill Lane (0.26 acres) Parcel ID#: 19082000220
Background:
The subject site is located within Cameron Spring subdivision within the Residential (R15C) zoning district. The subdivision was originally approved May 2, 2005 consisting of 152 single-family units. The Cameron Spring subdivision setback regulation requires a front setback of 20 feet (lots with undisturbed buffer); rear setback of 35 feet and side setback of 10 feet. The property owner has removed the 30 foot undisturbed buffer and has constructed a sitting area in his backyard consisting of two (2) pergolas and a paved area as indicated in Exhibit 2. The applicant has indicated that removal of the trees were as a result of a storm that made landfall within this general area.
Removal of the trees within this subdivision has violated the original zoning stipulation approved by Mayor on Council on May 2, 2005. The stipulation outlined maintaining a 30 foot buffer for property adjacent to Loy C and Patricia Stancel property (See stipulations below).
In addition, the final recoded plat (2016) and approved tree plan for the Cameron Spring subdivision also outlined the 30 foot undisturbed buffer. Article 12-13 of the Unified Development Code (UDC) specifically states removal of area designated for tree preservation shall not be removed unless authorized via a variance (See diagram below). The applicant is therefore requesting a variance for removal of the undisturbed buffer and pergolas that were constructed within the rear and side setback.
Surrounding Land Use:
The subject site is located within the Cameron Springs subdivision and is surrounded by single-family residences. The parcel located to the north of the subject site is located in Cobb County Jurisdiction which consist of a single-family home on approximately 11.47 acres. This property has approximately 11 adjacent lots that runs along the property lines and is separated by a 30 foot undisturbed buffer per plat.
Analysis:
In accordance with Section 14-24 of the Unified Development Code, staff has reviewed the application and has not determined that one or more of the conditions required by Section 14-24 for issuing a variance exist as follows:
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 subject site is located on approximately 0.26 acres; within this 0.26 acres lies a 30 foot undisturbed buffer located to the rear of the property that should not be cleared/removed. The entire Cameron Spring subdivision also has a rear setback of 35 feet in which no vertical structures can be constructed. The May, 2005 stipulation also allowed a front setback of 20 feet as opposed to a front setback of 30 for properties with a 30 foot undisturbed buffer. Allowing a 20 foot front setback provided adequate backyard and increased buildable surface area for these lots. Based on the plat there are no extraordinary or exceptional conditions that exists on this property as all lots within the Cameron Springs subdivision have to adhere to the 35 foot rear setback and adhere to the requirements of the Unified Development Code and zoning regulations ensuring undisturbed buffers are maintained.
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 literal interpretation to the code would not deprive the applicant common rights to his land. If the zoning stipulations and setbacks were taken into consideration the sitting area could have been less impactful to the landscape buffer and setback. Based on the site plan submitted there appears to be adequate space to the rear of the property that could have fit a sitting area without intruding into the 30 foot landscape buffer and the rear and side setback.
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 the variance will provide the applicant special privileges; within the Cameron Spring subdivision there has been no variance approval for removing the undisturbed buffer. There are also no structures that have been approved within the 30 foot undisturbed buffer along this strip.
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 requested variance will not be in harmony with the purpose and intent of this code if approved. The main intent of the buffer requirement as provided in article 12 is to provide screening from the higher density subdivision and the single-family lot located to the north of the subject site. According to the Unified Development Code, (article 12)“ the purpose of this article is to provide regulations for tree canopy retention and enhancement, protection of individual trees, landscaping, and buffers that promote the quality of the community through sound developmental processes that protect and enhance community resources (Section 12-2).” Removal of the landscaping has reduced the privacy and screening mechanism that separated the subdivision from the large residential tract located to the north of the subject site.
5. The special circumstances are not the result of the actions of the applicant;
The 30 foot undisturbed landscape strip and setback requirements that was approved is not a result of the applicant. However, the homeowner should have been aware of the 30 foot undisturbed strip that should have been maintained or replanted and should have gone through the proper procedure of seeking a variance for permanent tree removal and setback reduction.
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; and/or
The variance requested is to allow for the removal of undisturbed buffer; reduce the rear setback from 35 feet to 8.6 feet, and side setback from 10 feet to 4.7 feet. Based on the survey provided the pergolas could have been placed closer to the house without interfering with the 30 foot undisturbed buffer or getting into the setback. The variance request is not the minimum variance request as the layout of structures could have been modified ensuring stipulations as still being met.
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 subject site is located in the Residential (R15C) zoning district which allows accessory structures. However, the structures are greater than 144 square feet which means the primary structure rear setback of 35 feet must be maintained (Table 2-2, UDC). Also, removal of the undistributed 30 foot buffer and building structures within this area is a violation of the zoning
Fiscal Impact:
The proposed request should not have any negative economic impact on the City of Powder Springs.
Recommendations:
Staff recommend DENIAL of PZ 20-007: Variance request is not consistent with the requirements of the Unified Development Code.
Recommendation of Conditions if approval is granted:
Summary and Recommendation:
1. Approval to remove the 30 foot undisturbed buffer as indicated on approved plat.
2. Approval of reducing the rear setback from 35 feet to 8.6 feet to accommodate two (2) pergolas.
3. Approval to reduce the west side setback from 10 feet to 4.7 feet to accommodate pergola.
4. Reduce the east setback from 10 feet to 5.3 feet to accommodate a pergola.
5. Land disturbance permit must be submitted to Community Development for review. Plan should include a tree replacement plan filling in sections of the undistributed buffer where possible. Final approval will be granted by the Community Development Director. Per stipulations (May 2, 2005) trees shall be replaced with either Crepe Myrtles or Leyland Cypress of no less than five (5) feet in height.
6. Plat modification of lot must be reviewed by Community Development and recorded after approval.
7. Per the building code, a permit is required for the pergola that exceeds 200 square feet. As such, one of the pergolas will requires a building permit.
Exhibit 1
Survey/Site Plan
Exhibit 2
Picture of Backyard