PZ24-027
APPLICANT: Florencia Borja
VARIANCE: Variance Request to Table 2-2 of UDC to reduce the minimum side setback for an accessory structure greater than 144-sf.
LOCATION: 3654 Hopkins Court.
ZONING: MDR PIN: 19079400710
Staff Recommendation: Denial Planning and Zoning:
BACKGROUND: The property at 3654 Hopkins Court is a duplex located within the Medium Density Residential (MDR) zoning district of Powder Springs. The current variance request pertains to a two-story accessory storage shed with a footprint of approximately 145 square feet. The structure was initially constructed without the appropriate permits and was situated within a utility easement at the rear of the property. Following an inspection by Code Enforcement, a stop work order was issued, and the shed was subsequently relocated to the side property line, where it now sits four feet from the property line on the connected side of the duplex.
Per Table 2-2 of the Powder Springs Unified Development Code (UDC), accessory structures larger than 144 square feet in the MDR zoning district are required to maintain a minimum setback of 10 feet from the side property line and 20 feet from the rear property line. The current location of the shed does not comply with these setback requirements.
The applicant, Ms. Borja, who purchased the property in March 2023, has explained that her father constructed the shed to provide additional storage space after her parents downsized and temporarily moved in with her. The initial review by the building inspectors identified several deficiencies in the shed's construction, necessitating a detailed foundation plan and framing plan, which have not yet been provided. The applicant's father is willing to modify the shed to a one-story structure, which, if reduced to 144 square feet or less, and could meet the minimum five-foot side setback requirement and not require a variance.
However, staff has concerns regarding the two-story structure, particul...
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