PZ 22-026. Vineyards Subdivision: Non-conforming privacy fences at New Macland frontage.
APPLICANT: City Initiated Variance, Special Use and Change in Zoning Conditions
VARIANCE: To vary UDC Table 4-1 to increase the maximum allowed height of front yard privacy fences from 3-feet to 6-feet. To vary UDC 12-3 (e) which prohibits encroachment of structures into buffer areas.
SPECIAL USE: UDC Table 4-1 Provides that front yard fences require special use approval.
CHANGE IN CONDITIONS OF ZONING: Conditions of rezoning established 20' undisturbed buffer at the perimeter of the subdivision.
LOCATION: 4184 and 4185 Lilycrest Way, within the Vineyards Subdivision, privacy fences that front sections of New Macland Road, within land lot 651 of the 19th District, 2nd Section, and Cobb County, Georgia.
ZONING: MDR PINs: 19065100810 and 19065100800.
Staff Recommendation: APPROVAL. Planning and Zoning Recommendation: APPROVAL.
BACKGROUND: The Unified Development Code defines the subject residential properties as double frontage lots. The area the homeowners consider a rear yard, is by definition a front yard for the purpose of zoning regulations, including fence location and heights. The UDC provides that fences are not allowed in front yards, except with special use approval and cannot exceed 3-feet in height. Additionally, an original condition of rezoning established a 20-foot undisturbed buffer at the perimeter of the Vineyards Subdivision. The city is initiating the referenced zoning actions to bring these privacy fences into legal conformity.
2019
4185 installed a fence in 20-foot undisturbed buffer without a design review, by previous owner.
2020
4184 installed a fence between the existing shrubs and evergreens of the buffer landscaping (figure 2).
2020
New owner at 4185.
2022
4185 relocated side fence and extended a section at the New Macland frontage (figure 1).
2022
Code enforcement noticed the work and took corrective acti...
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