PZ 23-023.
APPLICANT: Nekia Fashola
SPECIAL USE: To allow front yard privacy fence at Macedonia Road Frontage, per UDC Table 4-1.
LOCATION: 4428 Demesne Way, within land lot 727. of the 19th District, 2nd Section, and Cobb County, Georgia.
ZONING: PUD-R ACRES: 0.147 ac PIN: 19072700550
Staff Recommendation: DENIAL Planning and Zoning Recommendation:
BACKGROUND: The subject property is a part of the Old Lost Mountain (OLM) Estates Subdivision. The annexation and rezoning from R-20 to PUD-R was approved on June 15, 2020. Ms. Fashola purchased the property in July 2022. She contacted the HOA to seek approval for the installation of a privacy fence in March of 2023. The HOA approved via email and advised Ms. Fashola to seek city approval prior to construction (Appendix I), however, she neglected to contact the city before installing the fence within the 10' landscape / no access easement at the rear of the property (figure 2). Code enforcement actions were initiated in May 2023, and the applicant now seeks special use approval for the 6-foot privacy fence to remain as is, where her backyard fronts Macedonia Road. Staff subsequently notified the HOA (Appendix II) of the City's provisions on fences at road frontages to avoid additional conflicting approvals at OLM Estates.
In addition to the requirements of the Unified Development Code, a zoning stipulation was placed on the property that stated that road frontages will be heavily and professionally landscaped which may include the use of berms, fencing, and substantial plant material. The purpose and intent of this stipulation was to provide for visual screening, noise attenuation, and a physical barrier. Additionally, all perimeter and roadway buffer areas will either be owned by the HOA or deed restricted with maintenance easements (Figure 2 labeled: 10' L.S./NO A.E.) in favor of the HOA. At the time of development, the developer designed the roa...
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