CASE NUMBER: PZ 22-014.
APPLICANT: Rosa Villegas-Torres
VARIANCE REQUEST: To vary Section 8-92 (e) related to drainage easement encroachment, and Table 2-2 of the UDC - side setback of accessory structure within R-15 zoned districts.
LOCATION: 3402 Sweetbriar Lane, within land lot 754 of the 19th District, 2nd Section, Cobb County, Georgia. PIN: 19075400140.
ZONING: R-15 ACRES: 0.35 ac PIN: 19075400140
Staff Recommendation: DENIAL Planning and Zoning Recommendation: APPROVAL.
BACKGROUND: A 144 sf shed was constructed without a permit, approximately 3 feet and 6 inches from the side property line. The shed was placed within the drainage easement and within the minimum side setback for an accessory structure. They were subsequently cited by code enforcement for the encroachment, and for work done without a permit.
A 24-inch corrugated metal pipe (CMP) runs through the drainage easement as part of the stormwater retention system (figure 2). The shed is built on top of the CMP. The CMP outlet recently needed repairs as the outlet pipe into the pond had detached from the pond wall. The city was able to conduct these repairs without impacting the shed.
Figure 1. Location of shed - denoted by red circle. Pembroke Pond and creek denoted in blue, located in the rear of property.
Table 1. UDC Table 2-2. Dimensional Requirements for Residential Zoning Districts.
ACCESSORY BUILDINGS and STRUCTURES OF 144 SQUARE FEET OR LESS IN FLOOR AREA
R-30
R-20
R-15
MDR
PUD-R
Front (feet)
NP
NP
NP
NP
NP
Side (feet)|1010101010|
Rear (feet)|1010101010|
UDC Sec. 8-92 (e). Drainage Easements.
Drainage easements off the street right-of-way shall be clearly defined on the final plat and described within the deed of individual property owners affected, and such property owner shall keep the easement free of obstructions and maintain that part of the easement within the property owner's boundary line so that free and maximum flow is maintained at all ...
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