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Guy Rimoldi- Southern Hydro Vac, Inc., 4028 Lindley Road Land Lot 872 of the 19th District, 2nd Section, Cobb County, GA.
Hardship Variance- Exceeding Minimum Driveway Width (Table 6-1) and Parking Lot Surfacing Requirements (6-58(f)).
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Recommendation
Staff recommends approval with conditions:
• That the applicant sign an agreement and provide an amount to the City in escrow to cover maintenance of the newly repaired roadway and to cover any future damage to the roadway. Said agreement and escrow shall be received within 3 months of this approval.
• The applicant install a front landscaping strip per Section 12-52 of the Unified Development Code within 6 months of this approval.
• If there is a change in use, and Engineer’s statement be provided regarding the compatibility of concrete and the proposed use.
Background:
The subject property is zoned Light Industrial (LI) and is located in Land Lot 872 of the 19th District. The property is a commercial tract consisting of 1.638 acres and is surrounded by Residential, Mixed Use and Community Retail Commercial districts. The variance being requested is to allow an industrial driveway to exceed the maximum requirement for driveway width and parking lot surfacing that is in violation of Sec. 6-58(f) of the UDC.
The portion of the parking lot that does not meet code regarding material and driveway width was completed prior to seeking a permit from the City. The existing improvements were installed in violation of the Sec. 6-58(f) and Table 6-1 of the code. The applicant was able to address certain requirements to bring the site back into compliance such as installing asphalt per Section 6-58(f) of the UDC of the remaining portion of the parking lot that was completed after the issuance of a permit for that portion of the lot.
Based on the submitted application and supporting material, the proposal appears consistent with other applicable portions of the Unified Development Code (UDC) as described in Article 6, with the exception of the asphalt portion for parking lot surfacing and minimum driveway width requirements.
In summary, the applicant has applied for a variances for the following:
1) To allow a driveway width of 42 feet, where 32 feet is permitted.
2) To allow parking on concrete, where asphalt is required.
The applicable code sections are provided below for review.
Sec. 6-58. Parking Lot Surfacing.
(f) In the LI and HI Industrial zoning districts, the above type of surface is required for customer, visitor, and employee automobile parking. In the LI and HI Industrial zoning districts the following surface is required in areas used for loading docks and parking of commercial trucks and other commercial equipment:
a. An 8-inch graded aggregate base, overlaid with a 2-inch Type B binder and a 1 ½ inch Type E asphaltic concrete wearing surface; or
b. A 10-inch graded aggregate base, overlaid with a 12-inch course of 3,000 P.S.I.
concrete.
The LI zoning district is intended to implement the “industrial compatible” and “industrial” future land use categories shown on the future land use plan map provided and further described in the comprehensive plan. The LI zoning district is established to provide locations for office, automotive repair, light manufacturing and distribution/service facilities. The LI
zoning district does not involve or permit manufacturing establishments which emit smoke, water pollution, or excessive noise such as those resulting from the conversion of raw materials into finished products. Rather, uses permitted uses in the LI zoning district are primarily those that consist of processing, assembling, cleaning, servicing, testing, or repairing of materials, goods or products. Transportation, warehousing, and distribution uses are accommodated as are certain commercial uses supportive of or compatible with other uses permitted in the zoning district.
Section 14-24 of the UDC establishes criteria to be considered by the city when reviewing variance applications.
Analysis:
In accordance with Section 14-24 of the Unified Development Code, staff has reviewed the application and determined that one or more of the conditions required by Section 14-24 for issuing a variance exist as follows:
(a.) 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.
Request 1 regarding driveway width: The property is a 1.638 commercial tract located along Lindley Road. Lindley Road dead ends along the front of the property and narrows to eighteen feet wide prior to the entrance apron tie in point. The applicant states that the narrow width of the road makes it difficult for tandem trucks to successfully navigate and enter the property within the specified entrance width. The applicant states that the proposed entrance width will not impede traffic patterns during vehicle ingress and egress since Lindley Road dead ends prior to the facilities north of the property line. The location of an industrial zoned property on a roadway 30 feet in width does create a practical difficulty of the property. The widening of the driveway may allow trucks to safely navigate the roadway and onto the lot. Staff notes however, that trucks from this business have damaged Lindley Road. The applicant has appeared to repair the damage, additional inspections are required to determine if additional repairs are necessary. Staff also recommends that a maintenance agreement be prepared ensuring that additional damage to the roadway does not occur.
Request 2 regarding material: The existing concrete pavement for the entance is 8” of 4000 psi concrete. Sec. 6-58(f) requires an 8-inch graded aggregate base, overlaid with a 2-inch Type B binder and a 1 inch Type E asphaltic concrete wearing surface; or a 10-inch graded aggregate base, overlaid with a 12-inch course of 3,000 P.S.I. The remaining portion of the customer and employee parking lot was completed with the requirements of the code. The applicant has provided a statement from an engineer showing stating that the use of the concrete will support the trucks used for this business. The statement says that trucks entering the property are empty, and that the concrete is somewhat over designed for this use.
(b.) 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
Request 1 regarding driveway width: A literal interpretation of this code could inhibit commercial tandem trucks from having the necessary width and turn apron to enter the property. The use of this property as industrial is unique with access from a roadway with a 30 foot right-of-way. The increased driveway width will make the property more accessible for trucks.
Request 2 regarding material: The applicant installed the concrete parking area prior to the issuance of a permit. A literal interpretation of this code would require the applicant to remove the concrete and install a parking area meeting the requirements of the Unified Development Code. The applicant has provided a statement from an engineer stating that the concrete will meet the requirements of the use.
(c.) 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 of the variance will confer upon the property of the applicant a special privilege. However, in this case, the variance will allow the existing asphalt employee parking lot surfacing to exist and the necessary driveway width for commercial tandem trucks to enter the property. The applicant has provided documentation regarding the use of concrete showing that it will meet or exceed the need of the property. However, being that the property is zoned Light Industrial, it is important to know if the use of concrete will impede other industrial uses. Staff recommends that the concrete be reassessed if there is a change in use.
(d.) 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.
Granting of the requested variance may be in harmony with the purpose and intent of this development code because the asphalt portion of the lot is completed with detail that meets Sec. 6-58(f) of the UDC. The applicant has provided information indicating that the concrete is adequate or exceeds the requirements for customer parking. The driveway is improved to the standards of the code with the exception of the width. The new driveway improves the previous condition of the driveway except for that regarding width.
(e.) The special circumstances are not the result of the actions of the applicant.
The special circumstances are the results of the actions of the applicant. The applicant completed the driveway and paved portions of the employee parking lot prior to first seeking the required paving/driveway permit from the City. The proposed parking lot surfacing and driveway width extension would have been reviewed prior to commencement of work. Staff would have been allowed to identify the issues and propose solutions to the proposed work.
(f.) 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
It is staff opinion that the variance requested is the minimum variance possible for the proposed use of the land, building, and structure in the district proposed. Due to the existing conditions of the property, the modifications proposed by the applicant, particularly, that of the driveway width is the minimum variance possible to successfully run Hydro Vac, Inc’s business and have an appropriate parking lot for the employees.
(g.) 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.
This variance varies specifications of the code, but does not permit a use of land, buildings or structures not permitted by right.
Recommendation:
Staff recommends approval with conditions:
• That the applicant sign an agreement and provide an amount to the City in escrow to cover maintenance of the newly repaired roadway and to cover any future damage to the roadway. Said agreement and escrow shall be received within 3 months of this approval.
• The applicant install a front landscaping strip per Section 12-52 of the Unified Development Code within 6 months of this approval.
• If there is a change in use, and Engineer’s statement be provided regarding the compatibility of concrete and the proposed use.