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File #: PZ 23--003    Version: 1
Type: Variance Status: Passed
File created: 1/9/2023 In control: City Council
On agenda: 2/6/2023 Final action: 2/6/2023
Title: Variance Request to vary sec. 4-05 of the UDC to allow a shed at a road frontage, setback less than the principal structure, and greater than 50% of the size of the home. The property is located at 3152 Brooks Lane, within land lot 725 of the 19th District, 2nd Section, Cobb County, Georgia.
Indexes: SP - Create Destinations that appeal to residents
Attachments: 1. Variance Application Redacted, 2. Site survey Redacted, 3. Signed Motion PZ 23-003
Related files: PZ 23--007, PZ 23--009

CASE NUMBER:    PZ 23-003

APPLICANT: Minh Nguyen

VARIANCE REQUEST: Allow an Accessory Structure to be greater than 50% of the Principal Structure, located at a road frontage area of the property, and setback closer than the principal structure.

LOCATION:  3152 Brooks Lane

ZONING:    R-20                                           ACRES:  5.62 acres                      PIN: 19072500120

Staff Recommendation:  Denial

Planning and Zoning Recommendation: Approval, with the striking of stipulation #4. The commission is supportive of the requested size of the accessory building, given the large acreage of the property.

 

BACKGROUND:  Applicant is requesting variance to demolish an existing accessory structure and replace it with a 4,800 square foot barn type structure. Applicant began construction of the structure without proper architectural design review and associated permits.

Variances are being requested to the following sections: UDC Sec. 4-05 (b), (d), and (f).

UDC Sec. 4-05. Accessory Use, Building or Structure.

(b) Area. An individual accessory use or building shall not occupy more floor area than the

floor area occupied by the principal use. The area of any individual accessory building’s

or structure’s floor area shall not exceed 50 percent of the principal building’s floor area.

(d) Location on lot. All accessory uses, buildings, and structures shall be located in the side

or rear yard of the lot.

(f) Setbacks. Accessory buildings having a floor area greater than 144 square feet shall

comply with the same setbacks as required for principal buildings for the zoning district in

which it is located. If an accessory building is attached to a principal building by a

breezeway, passageway, or similar means, such accessory building shall comply with

minimum building setback requirements for the principal building.

 

SURROUNDING AREA: Please see attached Figures 1-5, which provide an aerial view, zoning of surrounding properties, elevations of existing primary and accessory structures (existing accessory structure proposed for demolition) and survey of property including location of new accessory structure for which the variance is sought.

 

 

 

 

 

 

 

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 staff’s opinion that the applicant’s property has a unique shape and environmental constraints that are not applicable to other nearby and adjacent properties. Roughly a half of the property is incumbered by stream buffers, as shown in figure 5.

 

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 staff’s opinion that it would be very difficult for the applicant to site an accessory structure behind the existing primary structure, given the unique road frontage characteristics of the subject property. Additionally, the existing and proposed accessory structure could not be setback from the road frontage by a distance greater than the house’s setback due to the land usage constrains caused the stream buffers. Also, the applicant purports to needing a shed of this large size for storage, and for an indoor baseball practice space for their children. The family is involved in coaching and other recreational activities and need the space to store the associated equipment.

 

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 adjacent and nearby properties would also be entitled to construct accessory structures on their respective properties, within the size restrictions established by Section 4-05 of the UDC.

 

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. Given that the existing accessory structure has not adversely affected adjacent and nearby properties, the variance, if modified to conform with Section 4-05 of the UDC, should not be injurious to the neighborhood. Additionally, a neighbor at 3130 Brooks Lane provided written comments in support of the shed.

 

 

5.                     The special circumstances are not the result of the actions of the applicant. It is staff’s opinion that the applicant’s property was an “outlot” not included in the original subdivision involving Brooks Lane and Glenn Street. Staff acknowledges that the acreage of the applicant’s property is sufficient to accommodate a barn type accessory structure similar to those existing in more rural areas. However, many of these areas are surrounded by other larger acreage tracts, are not in the middle of platted subdivisions, and often abut minor collector roadways versus local roadways.

 

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 a 4,800 square foot addition and its barn like appearance, would appear to be architecturally inconsistent with the existing single-family residences established on adjacent and nearby properties. The size and appearance of the existing accessory structure on site more closely resembles the single-family residences established on adjacent and nearby properties. It is staff’s opinion that if the applicant were to revise building plans (to reflect an architectural style that resembles a single-family residence) and reduce the square footage, the proposed accessory structure would be more compatible with adjacent and nearby properties. Staff also notes that there is another, non stick-built storage structure that exists on site to assist with storage needs.

 

 

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 staff’s opinion that the variance for the size of the accessory structure, if not reduced and modified, would allow for a use not permitted by right in the R-20 zoning district.

 

                     

 

 

 

 

 

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

 

 

1.                     Applicant to submit documents responsive to requirements for Design Review, Sections 5-4, 5-13 and 5-14 of the UDC. Attention should be given to an architectural style that more closely resembles a single-family residence.

 

2.                     Applicant to properly permit the demolition of the existing structure, as well as the construction of new accessory structure.

 

3.                     Applicant shall pay the associated Community Development fines for work done without a permit.

 

 

4.                     Maximum size of accessory structure of ±3,000.  

The planning commission motioned to strike #4 in their recommendation for approval.