powered by Legistar InSite
File #: PZ 24-035    Version: 1
Type: Variance Status: Passed
File created: 10/8/2024 In control: City Council
On agenda: 11/4/2024 Final action: 11/4/2024
Title: City Initiated variance request to the UDC table 2-2 dimensional requirements for residential lots. The property is located at Buck, within land lots 831, 2nd section, Cobb County Georgia. PIN: 19083101440.
Code sections: Table 2-2 - Dimensional Requirements for Residential Zoning Districts
Attachments: 1. Approved PZ 24-035, 2. Lot 3. Recorded Plat Redacted, 3. SIte Plan Redacted, 4. House Plans Redacted

CASE NUMBER:   PZ 24-035

APPLICANT: City Initiated Variance Request.

VARIANCE: To vary to the UDC table 2-2 minimum width at lot frontage dimensional requirement for residential lots.

LOCATION: Buck Road, within land lots 831, 2nd section, Cobb County Georgia.

ZONING:    R-15                                              PIN: 19083101440

 

Staff Recommendation: Approval.                                                               Planning and Zoning:

 

BACKGROUND: The R-15 district currently requires a minimum lot frontage width of 75 feet. However, Lot 3, located within a subdivision initially rezoned from R-20 to R-15 on July 18, 2005, was recorded with a frontage width of approximately 40 feet on September 22, 2005. Despite being platted nearly two decades ago, Lot 3 has remained undeveloped during this time.

In June 2024, the applicant submitted permits to develop Lot 3, which triggered a zoning review. Given the passage of time and changes in the zoning code, the current standards require a 75-foot minimum lot frontage for properties in the R-15 district. As a result, the proposed development does not meet the current requirements, and a variance approval is necessary to allow development of lot 3 to proceed as originally platted.

The distinction between a non-conforming use and vested rights is critical to this case. Non-conforming uses refer to structures or uses of land that were legally established before a zoning change rendered them non-conforming. However, a future use that was contemplated but not realized before the enactment of a new ordinance does not qualify as a non-conforming use. In this case, Lot 3 was platted in 2005, but no site development or construction took place before the zoning standards were revised. As such, Lot 3 does not qualify as a legally non-conforming lot.

Vested rights, on the other hand, pertain to the right to develop property under previous zoning regulations, typically arising when an owner has made substantial changes or expenditures in anticipation of development before a zoning change. However, since no development activities or substantial investments were made for Lot 3 before the 2024 permit application, the applicant does not have vested rights to develop the property under the original plat conditions.

Therefore, to bring the development into compliance with the current zoning standards, a variance is required. Approval of this variance would permit the lot to proceed with a reduced frontage width of approximately 40 feet, aligning with the conditions under which the lot was initially platted in 2005.

 

 

 

 

 

 SURROUNDING AREA: The subject site is in a traditional residential area. R-15 and R-20 prevail.

 

Figure 1. Zoning Map

 

 

Figure 2. Recorded plat. Lot 3.

Figure 3. Lot 3 Survey.

 

Figure 2. Vicinity Map

VARIANCE 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 written justification that one or more of the following conditions 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.

 

There are extraordinary conditions pertaining to Lot 3 due to its size, shape, and topography that create practical difficulties not commonly encountered in other properties within the R-15 zoning district. Specifically, the lot fronts Buck Road at a right angle, and has a frontage width of approximately 40 feet. Additionally, the rear portion of the property is encumbered by stream buffers, limiting the buildable area on the lot.

 

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 current zoning code requires a minimum frontage width of 75 feet for properties in the R-15 district. However, Lot 3 was platted with a frontage width of approximately 40 feet under the zoning regulations at the time of the 2005 rezoning. Enforcing the current 75-foot frontage requirement would prevent the applicant from developing Lot 3 as a residential property, which is a right typically available to other property owners in the district.

 

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 requested variance will not confer any special privileges upon the applicant’s property that are denied to other properties in the R-15 district. The purpose of the variance is to allow Lot 3 to be developed with a frontage width of approximately 40 feet, which aligns with the conditions under which the lot was originally platted in 2005.

 

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 be in harmony with the purpose and intent of the development code and will not be injurious to the neighborhood or to the general welfare. The purpose of the R-15 zoning district, and the development code is to promote orderly residential development that is compatible with the character of the surrounding community. Approving this variance would allow Lot 3 to be developed as a single-family residence, which aligns with the surrounding residential uses and maintains the intended character of the R-15 district.

 

5.                     The special circumstances are not the result of the actions of the applicant.

 

The special circumstances necessitating the variance are not the result of actions taken by the applicant. Lot 3 was platted with a frontage width of approximately 40 feet as part of a subdivision rezoning in 2005, and the applicant has not altered the lot’s dimensions since that time. The changes to the zoning code, which increased the minimum frontage requirement for R-15 properties to 75 feet, occurred after the original platting of Lot 3 and were beyond the applicant’s control. Additionally, the encumbrance of stream buffers toward the rear of the property further limits the buildable area, a natural condition that the applicant did not create.

 

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 variance requested is the minimum variance necessary to allow for the proposed use of the property as a single-family residence in the R-15 zoning district. The request seeks to reduce the minimum lot frontage requirement from 75 feet to approximately 40 feet, which is consistent with the frontage width recorded when Lot 3 was originally platted in 2005. This variance only addresses the frontage dimension, ensuring the property can be developed in accordance with the existing neighborhood character without altering other zoning requirements.

 

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 requested variance does not permit a use of land, buildings, or structures that are not allowed by right in the R-15 zoning district. The R-15 zoning district permits single-family residential use, and the variance only seeks to adjust the minimum frontage width requirement for Lot 3. The proposed use of the property for a single-family home is fully compatible with and permitted in the R-15 district.

 

 

 

STAFF RECOMMENDATION: 

The proposed use will not negatively impact the neighborhood or general welfare and will enable the lot to be developed into a single-family residence.

Staff recommends Approval, with the following condition:

1.                     The variance to the minimum width at lot frontage requirement in the R-15 district is approved. The 40’ lot frontage as shown on the recorded plat, dated September 22, 2005, is approved.

 

2.                     The applicant shall seek the necessary land development and building permit approvals for new residential development at the subject location; and shall respond to comments from staff, engineers, and external agencies.

 

3.                     The applicant shall comply with the provisions of the UDC related to single family lots, except the lot frontage dimensional requirement varied herein.