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File #: PZ 23--004    Version: 1
Type: Variance Status: Passed
File created: 2/6/2023 In control: City Council
On agenda: 3/6/2023 Final action: 3/6/2023
Title: Variance Request to Table 2-2 of UDC to reduce the minimum rear setback from 35-feet to 15-feet, for a 360-sf accessory structure. The property is located at 4234 Pinetree Drive, within land lot 800 of the 19th District, 2nd Section, Cobb County, Georgia. PIN: 19080000370.
Attachments: 1. Shed renderings., 2. Shed under construction, 3. Interior of tool shed., 4. 4234 Pinetree Drive. Variance Application Redacted, 5. Executed PZ 2023-004
CASE NUMBER: PZ 23-004
APPLICANT: Jorge Villagomez Flores
VARIANCE REQUEST: Variance Request to Table 2-2 of UDC to reduce the minimum rear setback from 35-feet to 15-feet, for an accessory of 360-sf for small tool storage.
LOCATION: 4234 Pinetree Drive
ZONING: R-20 ACRES: .46? acres PIN: 19080000370
Staff Recommendation: Approval with conditions.

Planning and Zoning Recommendation:

BACKGROUND: Applicant is requesting variance to continue construction of an accessory shed, that was not originally permitted.
SURROUNDING AREA: Please see attached Figures 1-4, which provide zoning of surrounding properties, aerial view of subject property and elevations of existing primary and accessory structure for which the variance is sought.
Figure 1. Current Zoning: R-20








ANALYSIS:
The application was reviewed against the following criteria:

Any applicant requesting consideration of a variance to any provision of this development code shall provide a written justification that one or more of the following condition(s) exist. The governing body shall not approve a variance application unless it shall have adopted findings that one or more of the following conditions exist:


1. 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. It is staff's opinion that the applicant's property is similar to other adjacent and nearby properties as it relates to size and configuration. The applicant's parcel, similar to other adjacent and nearby properties, is relatively deep, with established deciduous vegetation at the rear of the lots.

2. 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. It is staf...

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