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Hardship Variance - Setbacks, Buffers, Impervious Area and Sidewalks
REVISED (VARIANCE ONLY FOR IMPERVIOUS AREA)
Paran Homes, LLC
Northeast corner of Sweetwater Blvd and CH James Pkwy
Land Lot 825, 19th District, 2nd Section, Cobb County, GA. the following:
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See Attachment for Updated Review, plans revised from original analysis
Recommendation:
Staff recommends denial of the variance requests; nevertheless, if Mayor and Council choose to approve the variance requests, staff recommends the following conditions:
1. Provide a revised site plan showing compliance with all provisions of the UDC not specifically varied, including the open space requirement of MDR, and dimensions including driveway length, driveway width, parking availability, etc. All driveways shall be a minimum of 22’ in length from back of sidewalk and accommodate 2 cars.
2. Applicant shall comply with both the UDC (Sec. 8-70) and Cobb County Fire Marshal’s Office’s requirements for guest parking and dead end streets.
3. The new development would have to be incorporated into the existing Sweetwater Landing HOA and residents must have access to the existing recreation amenity at Sweetwater Landing.
4. Stormwater Management plan shall be provided showing low impact design (where not in conflict with traditional neighborhood design).
Prepared By: Community Development
Background:
The subject property currently is owned by Paran Homes and is abutting the Sweetwater Landing subdivision. The property is zoned Community Retail Commercial (CRC). Paran Homes is looking to add a new development consisting of 45 Townhomes at a maximum density of 7.91 units per acre. The property area is 5.69 acres. This development is located along a FEMA Floodplain area and is adjacent to a wetland.
A rezoning application from Community Retail Commercial (CRC) to Medium Density Residential (MDR) is being considered concurrent with this request.
If the rezoning were to be approved by Mayor and Council, Paran Homes is petitioning for the following variance requests in order to develop and build the townhouse development:
1. Request the reduction in the setback from 25’ to 15’ against the Railroad adjacent to Powder Springs-Dallas Road and from 35’ to 25’ along the east and south property lines.
2. Request the reduction of the landscape buffer from 25’ to 10’ along the south property line and to 15’ along the east property line.
3. Request to allow an increase in the impervious surface maximum to 54%
4. Request to allow construction of sidewalk on one side of interior streets as opposed to both sides. The revised site plan reflects sidewalks on both sides of the internal streets. However, in order to ensure that driveways are sufficient, this request is being added.
Fiscal Impact:
Upon final build out, the subdivision will be developed with single-family attached residences. Additionally, an increase in traffic flow to and from the site is anticipated by this application. As such, the proposed use will significantly increase demand for public services and/or unduly burden public infrastructure.
Analysis:
Variance Request #1 - Minimum Setback Requirements
Table 2-4 of the UDC outlines the minimum setback requirements to be 35’ in the front, 10’ in the side, and 20’ in the rear for the MDR zoning district. Paran Homes is requesting variances to the sides and the rears that reduce the minimum required setbacks. The request is to reduce the setback from 25’ to 15’ against the Railroad adjacent to Powder Springs-Dallas Road and from 35’ to 25’ along the east and south property lines. Staff notes, particularly, that the homes along the Railroad adjacent to Powder-Springs Dallas Road would be directly along the railroad tract, which may hinder the quality of life of the residents.
Variance Request #2 - Landscape Buffer Requirements
Variance #2 is a request to reduce the landscape buffer from 25’ to 10’ along the south property line and to 15’ along the east property line. Table 2-2 of the UDC provides a minimum buffer width abutting any R-15 zoning district (feet) of 25’ and a minimum 10’ landscape strip buffer along right-of-ways for any non-single-family residential use. Paran Homes is requesting to reduce the minimum buffer accordingly. Staff notes that this reduction may greatly reduce the available private open space available for the future residents along the south and east property lines. According to Article 2, every single-family attached dwelling unit zoned MDR shall have a minimum 400 square foot private yard. Paran Homes would need to demonstrate how this requirement would still be met.
Variance Request #3 - Impervious Surface Requirements
The maximum allowed impervious surface in an MDR zoning district according to the UDC Table 2-2 is 50%. Paran Homes is requesting an increase of 4% from the maximum of 50% to 54%. Impervious surface requirements are intended to reduce the amount of stormwater runoff that may impact streams, lakes and other bodies of state waters in accordance with the Georgia EPD NPDES permit requirements. Thus, if Paran Homes is requesting this variance, staff recommends that effort should be made to include design standards in the erosion, sediment and pollution control plan as to reduce the amount of stormwater runoff including measures such as bio retention, pervious pavers, etc. Staff notes that the impervious area calculation assumes the approval of Variance Request #4, reduction in sidewalk requirement. If Variance Request #4 is not approved, the impervious area is increased.
Variance Request #4 - Sidewalk Requirements
Variance #4 is a request to allow construction of a sidewalk on one side of interior streets as opposed to both sides. The site plan needs to be revised and dimensioned to show how it would meet these requirements. The UDC requires developers to install sidewalks along each side of any public or private street within or adjacent to the development (Sec. 8-75). Staff recommends upholding the requirements of Sec. 8-75, which reads:
Sec. 8-75. Sidewalks.
(a) Sidewalks are required to be installed by the developer at the time of development along each side of any public or private street within or adjacent to the development.
(b) Sidewalks shall be located as shown on standard detail for residential streets. On arterial and major collectors, the sidewalk shall be located along but not less than one foot from the right-of-way line.
(c) Concrete sidewalks shall be a minimum of 5 feet wide and 4 inches thick. Concrete shall be 2,500 psi at 28 days’ strength. Sidewalks shall be backfilled and landscaped.
Other Code Considerations
In addition to the code sections and variances referenced above, the application must show compliance with other sections of the code. It is not clear by the site plan provided if the proposal provides at least 400 sf of private open space per Section 2-14 (f). Dead end streets are regulated under Section 8-70 of the Unified Development Code.
Private open space required. Every single-family detached and single-family attached dwelling unit zoned MDR shall have a minimum 400 square foot private yard or patio arranged for use by the occupants of the dwelling and located in the side or rear yard. The private yard or patio must be enclosed by any combination of the following: a masonry wall, wood fence, trellis or lattice with a minimum height of 6 feet; or an evergreen hedge, shrubs or trees that will achieve a height of 6 feet within 3 years of planting under normal growing conditions.
Sec. 8-70. Cul-de-sacs and Dead-End Streets.
(a) A cul-de-sac shall be no more than 600 feet long unless necessitated by topographic or other conditions and approved by the community development director. Cul-de-sacs shall terminate in a circular turnaround having a minimum right-of-way of, for residential streets at least 100 feet in diameter, and a paved turnaround with a minimum outside diameter of 80 feet (see standard detail 400.03 in article 21 of this development code). On commercial and industrial streets, cul-de-sacs shall have a right-of-way diameter no less than 160 feet, and a pavement diameter of 124 feet (see standard detail 400.04 in article 21 of this development code).
(b) A dead-end street other than a cul-de-sac shall not be allowed except as a temporary stage of construction of a street that is intended to be extended in a later stage of construction. Such a temporary dead-end street shall be provided with a temporary turn-around having a roadway radius of 44 feet, except that alleys, if permitted shall have a turnaround radius of 40 feet.
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The Cobb County Fire Marshal has reviewed the application, and has provided standards for guest parking. Additionally, the site plan provided does not meet the requirements of Section 8-70 of the Unified Development Code.
Applicant shall meet the guest parking criteria will limit the dead-end roadways to a maximum of 150-ft.
Guest Parking Criteria:
1. Where driveways to two car garages exceed 50 feet in length, no additional guest parking is required.
2. Where driveways to two car garages are at least 22 feet long and 20 feet wide, additional parking shall be required at .5 spaces per dwelling unit.
3. Where driveways to two car garages are less than 22 feet long and 20 feet wide, additional parking shall be required at 1 space per dwelling unit.
4. Where only single car garages are provided, additional parking shall be required at 2 spaces per dwelling unit.
5. Guest parking spaces must be evenly distributed throughout the project.
Section 11-14(e) (2) of the Unified Development Code establishes the following standards for consideration of a hardship variance.
A hardship variance may be granted in whole or in part, or with conditions, in such individual case of unnecessary hardship upon a finding by the Mayor and City Council that:
(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;
The applicant states that the property is limited by its size and shape and is constrained by its proximity to two roadways and a railroad. Staff is not aware of extraordinary circumstances unique to this property. In order to yield the desirable number of units for the builder, the requested variances are needed. In return for the greater number of units, greenspace in the form of setbacks, buffers and pervious areas is being reduced. In addition to the number of units, adequate parking must be provided per the Cobb County Fire Marshal. The current proposed layout does not meet the City of Powder Springs UDC requirement regarding dead end streets.
(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;
The applicant states that the application of the minimum setback, buffer, maximum allowed impervious surface requirements, and sidewalks would be a great hardship for the developer and possibly render the proposed development financially infeasible while other property owners have been able to develop their properties in economically feasible locations. Staff is not aware of these hardships, except only to accommodate the developer’s specific product. Staff notes that the property could be developed meeting code requirements, however the number of units may be reduced.
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;
The applicant states that the granting of this variance will not confer upon the applicant privileges that have been denied to other properties. Staff notes that there does not appear to be any conditions peculiar to the property that adversely affect its reasonable use or usability as currently zoned. Granting of this variance will confer upon the property special privileges over other properties that develop within the parameters of MDR zoning.
(c) 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 applicant states that relief would not cause substantial detriment to the public good or impair the intent of the UDC. Staff notes that relief may affect the quality of life of the residents adjacent to the railroad, reduce private open space, and increase stormwater runoff.
(d) The special circumstances are not the result of the actions of the applicant;
The applicant is not responsible for the conditions of the site, as the site is existing and is adjacent to a railroad and to two roadways. However, the design of the site was completed by the applicant. The site may be redesigned to meet the requirements of the Unified Development Code, however would not yield the number of units requested by the developer.
(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
The applicant has requested to reduce the minimum setback and minimum landscape buffer requirements significantly, while also increasing the maximum allowed impervious surface by 4%. The requests are being requested to accommodate the specific product of the applicant. Additionally, the applicant is requesting to remove the requirement that a sidewalk not be required on both sides as this may increase the impervious area and reduce the ability to park on the driveways. The request to remove the sidewalk may mitigate some variances, but will result in the granting of a fourth. The removal of the sidewalk may cause conflicts between pedestrians and automobiles.
(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.
Single family attached dwellings are allowed in the MDR (Medium Density Residential) zoning district.
Visuals:
Site plan of the overall property.
Summary:
The applicant has requested variances reduce setbacks, buffers, impervious area and sidewalk requirements.
Staff recommends denial of the variance requests; nevertheless, if Mayor and Council choose to approve the variance requests, staff recommends approval with conditions.
Attachments:
The above mentioned visual.