City of Powder Springs - File #: PZ 23--028

File #:

PZ 23--028 Version: 1

Type:

Special Use

Status:

Passed

File created:

11/20/2023

In control:

City Council

On agenda:

2/5/2024

Final action:

2/5/2024

Title:

Special Use Request to allow front yard fences, per UDC Table 4-1. The property is located at 3886 Sharon Drive SW, within land lot 871 of the 19th District, 2nd Section, and Cobb County, Georgia. PIN: 19087100320.

Indexes:

MIT FY 23 - Safety & Protecting Community (code enforcement, stormwater)

Code sections:

Sec. 4-135. - Fence or wall.

Attachments:

1. Executed PZ 2023-028 Tabled Motion to 02-05-24, 2. Special use and Variance Apps Redacted, 3. Survey and Existing Conditions, 4. Code Violation Redacted, 5. Exhibits. Sharon Drive, 6. Written Support - redacted, 7. Executed PZ 2023-028

Related files:

PZ 23--031

Date	Ver.	Action By	Action	Result	Action Details	Meeting Details	Video
2/5/2024	1	City Council	approved	Pass	Action details	Meeting details	Not available
1/29/2024	1	Planning & Zoning Commission Public Hearing			Not available	Meeting details	Not available
1/16/2024	1	City Council	tabled	Pass	Action details	Meeting details	Not available
1/11/2024	1	Planning & Zoning Commission Public Hearing			Not available	Meeting details	Not available
12/18/2023	1	Planning & Zoning Commission Public Hearing			Not available	Meeting details	Not available
12/7/2023	1	Planning & Zoning Commission Public Hearing			Not available	Meeting details	Not available

PZ 22-028.

APPLICANT: Fernando Sandoval

SPECIAL USE: UDC Table 4-1 Provides that front yard fences require special use approval.

LOCATION: 3886 Sharon Drive, SW.

ZONING: R-15 Acreage: 1.52 ac PIN: 19087100320.

Staff Recommendation: Denial Planning and Zoning Recommendation: Approve

BACKGROUND: The home at 3886 Sharon Drive was built in 1920. Mr. Sandoval purchased the home in January 2022, then renovated and installed a non-compliant front yard fence and gate. In August 2022, he requested permits and made substantial improvements to the property. In February 2023 Code Enforcement cited for expired permits, and for work without a permit related to driveway paving.

The applicant contacted Community Development to continue expired permits for: minor land disturbance, dumpster, and remodel permits; and he requested a new paving permit. However, no permit was requested for the front yard gate and fence.

In November 2021, prior to Mr. Sandoval’s acquisition, the property received code violations for: Accumulation of rubbish or garbage, Dangerous structure or premises - neglected, damaged, unsecured or abandoned, Declaration of nuisance, Permit required, Vacant Property Maintenance, and Vacant Property Registration.

A neighbor contacted staff to provide comments of support. Those comments are included in the appendix.

Figure 1. Before (Oct. 2019) and After (Sept. 2023) remodel by Mr. Sandoval.

Cobb County Fire Marshall’s Comments:

Gates securing fire apparatus access shall be a minimum 14 feet in clear width for a single lane and 20 feet for a double lane. The gates shall not reduce the operating width of the roadway. Double lane gates shall be a minimum of 20 feet in clear width. Gates shall be of the swinging or sliding type. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the Cobb County Fire Marshal’s Office.

SURROUNDING AREA: The property is in a well-established residential neighborhood, where R-15 zoning prevails. At 1.5 acres, this property is larger than those in the area and features a long street frontage compared to other properties. No other property in the area has a front yard fence, nor a gate, nor a stone and brick masonry mailbox enclosure.

Figure 2. Zoning Maps

Figure 3 Fence and gate.

Figure 4. The gate is setback 5' from the R.O.W., where 25' is required.

Figure 5. Site Plan.

Figure 6. Aerial Map

ANALYSIS:

Fences and gates are governed by Section 4-135 of the Unified Development Code. This section provides the following:

(a) General standards. Fencing and wall standards (purpose, composition, height, and setback) are presented in Table 4-1, “Fence and Wall Regulations by Zoning District.” The community development director may vary these standards, not to exceed two feet in height variation and three feet in setback variation. Other variations shall only be permitted by special use approval.

(g) Gates. When gates for vehicular access are required or proposed, said gates shall not be located closer than 25' of a public street or road right-of-way, to ensure safe ingress and egress.

Per Table 4-1 of the Unified Development Code, fences in the R-15 zoning district are allowed in the front yard only after special use and should be limited to 3 feet in height in the front yard and 6 feet in height in the side and rear yard. The Unified Development Code allows variation to the requirements of Table 4-1 by a special use approval. The requested height of 5 feet is within the 2-foot height variation allowed by administrative approval. The proposed split rail fence is an approved type per Table 4-1.

Table 4-1
Fence and Wall Regulations by Zoning District
P = PermittedS = Special UseX = Prohibited

Regulation	Section Reference	Residential Zoning Districts	Mixed Use and Office Districts	Business and Neighborhood Commercial Districts	Community Commercial and Light Industrial Districts	Heaving Industrial Districts
Fence or Wall Purpose
Front Yard		S	P	P	P	P
Screening	12-43	P	P	P	P	P
Retaining wall		P	P	P	P	P
Decorative		P	P	P	P	P
Security		P	P	P	P	P
Tree protection, during land development	12-24(c)	P	P	P	P	P
Composition/Type
Unfinished concrete block wall		X	X	X	X	X
Wall or fence, unapproved materials		X	X	X	X	X
Solid wooden fence		P	P	P	P	P
Block wall with brick or stone facing/finish		P	P	P	P	P
Fence, PVC with like-wood finish		P	P	P	P	P
Fence, picket		P	P	P	X	X
Fence, split rail		P	P	P	X	X
Fence, wrought iron, aluminum, approved metal		P	P	P	P	P
Fence, chain-link		X	X	X	P	P
Fence, chain-link, vinyl coated		P	P	P	P	P

Fence or Wall Height (Feet)
When required for screening, minimum	12-43	6 feet	6 feet	6 feet	6 feet	8 feet
When required for screening, maximum		6 feet	6 feet	6 feet	10 feet	10 feet
Front yard location		3 feet	6 feet	6 feet	8 feet	8 feet
Rear or side yard location		6 feet	6 feet	6 feet	8 feet	8 feet

Additionally, Section 5-62 provides the following:

Sec. 5-62. Fences and Walls.

(a) The design of fences and walls shall be compatible with the architecture of the main building(s) and should use similar materials.

(b) All walls or fences fifty feet in length or longer, and four feet in height or taller, should be designed to minimize visual monotony though changes in plane, height, material or material texture or significant landscape massing.

Brick and Stone Mailbox. Mailbox enclosures are not regulated by the Unified Development Code. The existing mailbox is not in violation of any UDC provisions. The recommendation is that these be engineered and constructed to break-away in the case of a vehicle colliding with the enclosure.

ANALYSIS

The application was reviewed against the following criteria:

1. Will the proposed special use be consistent with the stated purpose of the zoning district in which it will be located?

The stated purpose of the R-15 Residential Zoning District is to establish and protect existing neighborhoods comprised primarily of detached, single-family dwellings. The front yard fence and gate are not consistent with conditions that exist in this neighborhood.

2. Will the establishment of the special use not impede the normal and orderly development of the surrounding property for uses predominate in the area?

The establishment of the special should not negatively affect normal development of the surroundings, nor impact the residential uses that prevail in the area. Front yard gates, where allowed should be set back from the right-of-way line by at least 25 feet, and must be decorative in design, such as a wooden split rail or picket fence, or be constructed of decorative materials, such as brick, stone or wrought iron. PVC material may be used that replicates a wooden fence in design. The subject fence is wooden split-rail, with a brick and stone gate walls, and an iron or aluminum decorative gate.

3. Is the location and character of the proposed special use consistent with a desirable pattern of development in general?

No other property in the immediate area has a front yard fence, nor a gate, nor a stone and brick masonry mailbox enclosure.

4. Is or will the type of street providing access to the use be adequate to serve the proposed special use?

Yes, Sharon Drive is adequate. The special use for a front yard fence will have no impact on the normal flow of traffic. The gate, however, is within 25-feet of the right of way, which is intended to ensure safe ingress and egress.

5. Is or will access into and out of the property be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles?

The driveway is adequate to support the normal ingress and egress of vehicles to the property. The fence posts at the driveway are set greater than 20-feet apart. The FMO has indicated a minimum clearance of 12-feet wide for access.

6. Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the proposed use?

Public Safety and public utility services have adequate capacity to serve this existing residential property.

7. Are or will refuse, service, parking and loading areas on the property be located or screened to protect other properties in the area from such adverse effects as noise, light, glare, or odor?

The property is used for residential purposes and accessed by the primary occupants. The normal comings and goings of this household should not negatively impact surrounding properties.

8. Will the hours and manner of operation of the special use have no adverse effects on other properties in the area?

No, the property is used for residential purposes and accessed by the primary occupants.

9. Will the height, size or location of the buildings or other structures on the property be compatible with the height, size or location of buildings or other structures on neighboring properties?

The fence facing the right-of-way (R-O-W) is located inside of the property line. The fence and gate in the front yard are approximately 5’ tall, and the gate’s stone columns is approximately 6’tall.

PZ 23-028

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

1. The applicant shall comply with all Cobb County Fire Marshall’s Office (FMO) regulations related to the front yard gates.

2. Approval of the special use request to allow a fence in the front yard. Any fencing structures installed in the front yard shall comply with the approved material composition and types specified for residential zoning districts in Table 4-1 of the Unified Development Code. The fencing around the front yard section of the property shall not exceed 3-feet in height. (max height stipulation removed via PZ approval motion 1/29/2024)

3. The applicant shall submit a boundary survey of existing conditions to confirm that there is no encroachment into the right-of-way.

4. Should any public infrastructure improvements along Sharon Drive necessitate the removal of the fence and/or gate, then the applicant agrees to relocate the fence and gate structures at their own expense.

5. The applicant shall pay all required permit fees, and work done without a permit penalty fees for the installation of the front yard gate and fence, installation of electric motor for the gate, and installation of the accessory shed, as determined by the Community Development Director.