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File #: PZ 20--016    Version: 1
Type: Variance Status: Passed
File created: 6/2/2020 In control: City Council
On agenda: Final action: 7/20/2020
Title: Variance: Reduce Rear setback for garage at 4321 Atlanta Street, Lot # 903
Attachments: 1. Draft Motion to Approve.pdf, 2. Variance application - Garage Lolita.pdf, 3. Site Plan/Survey

Staff Report

 

 

File #: PZ 20-016

 

APPLICATION: Variance                                                                    APPLICANT: Kevin and Lolita Esposito

 

Staff Recommendation: Approval

Planning and Zoning Recommendation: Pending

Mayor and Council Decision: Pending

                     

PETITION:

To consider a variance to the rear setback to accommodate an existing garage

 

PURPOSE OF THE REQUEST: 

Requesting to reduce the rear setback from 30 feet to 14.4 feet and 21 feet

 

LOCATION: 4321 Atlanta Street    Parcel ID#: 19090300840/19090300850    Zoning: R15

 

 

 

Background:

The subject site is located at 4321 Atlanta Street SW within the Residential (R15) zoning district. The property was recently purchased and a contractor was hired to construct a garage and conduct house repairs. A building permit was not obtained by the contractor for constructing a garage. The applicant later submitted an application for building permit and variance after survey revealed the garage is located in the rear setback. The setback for the R15 zoning district requires a 30 foot rear setback for accessory structures greater than 144 square feet. The applicant is seeking to reduce the rear setback from 30 feet to 14.4 feet and 21 feet.

 

Surrounding Land Use:

The subject site is surrounded by single-family residences to the east, west and north. Currently to the south of the property is vacant land. The vacant lot was recently approved on May 4, 2020 by Mayor and Council to develop a four (4) lot subdivision. Currently no development plans have been submitted to the City for review (See Exhibit 3).

 

Analysis:

In accordance with Section 14-24 of the Unified Development Code, staff has reviewed the application and has 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 property is approximately 0.72 acres and has adequate space to accommodate a garage meeting the R15 setback requirements. The garage was constructed by a contractor that was unware of the City’s rules and regulations. The garage now sits within the 30 foot buffer hence the request for a variance.

 

 

New Constructed Garage

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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;

 

If the variance is not approved the homeowner will not be deprived of the common rights to enjoying their property as the garage could be relocated at another location. However, the garage is a stationary feature built on a slab and cannot be easily removed, which provides a hardship for the homeowner. In addition, the current location of the garage does not appear to be a public health and safety concerns to adjacent lands. The garage also sits in the rear which is an allowed location by the Unified Development Code for accessory structures.

 

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 not confer any special privileges. The existing location of the garage does not appear to be public safety concern.  Though closer to the property line than what is required, a 10 foot landscape buffer as conditioned will provide separation and privacy.

 

 

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;

 

Currently the adjacent lot to the rear is vacant but has been recently approved (May 4, 2020) to be developed as four (4) single-family lots. The site plan approved for this development as indicated in Exhibit 3 shows a road that will separate the single-family units from the garage. The existing location of the garage does not appear to be injurious to adjacent properties located to the east, west, north or south.

 

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

 

The property was recently bought by applicant, and a contractor was hired to construct a garage and conduct house repairs. A building permit was not obtained by the contractor for constructing a garage. The applicant later submitted an application for a variance after survey revealed the garage is located in the rear setback. The circumstances that exist is not directly as a result of the applicant. The home owner is now seeking a variance to comply with the requirements of the Unified Development Code.

 

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 newly constructed garage could have been placed outside of the setback. However, garage has been constructed by a contractor who was unaware of the permit requirements. A well-constructed garage now sits approximately 14 feet from the rear property line. The placement of the garage should not pose a public health and safety concern and will be buffered by landscaping as conditioned.

 

 

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 variance will not permit a use of land, building or structure, which is not permitted by right in the zoning district overlay involved. Accessory structures are allowed within residentially zoned districts.

 

Fiscal Impact:

The proposed request should not have any negative economic impact on the City of Powder Springs.

Recommendations:

Staff recommends APPROVAL of PZ 20-016 with conditions: Variance request is consistent with the requirements of the Unified Development Code.

Summary and Recommendation:  

 

1.                     Variance to reduce the rear setback from 30 feet to 14.4 and 21 feet to accommodate a garage.

 

2.                     Provide a 10 foot landscape buffer to the rear property line consisting of evergreens to provide adequate screening. Trees planted should not be less than 4 feet in height at initial planting.

 Exhibit 1

 

 

 

Survey/Site Plan

 

 

 

 

 

 

Exhibit 2

 

Picture of Backyard

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit 3

 

Adjacent Development recently approved