CASE NUMBER: PZ 22-015
APPLICANT: MC New Macland Properties, LLC. Represented by Parker Poe Adams & Bernstein.
VARIANCE REQUEST: To vary Table 2-4 of the Unified Development Code related to lot dimensions and setback requirements for CRC zoned properties, and Section 4-415 (b).
LOCATION: 3215 New Macland Road, within land lot 725 of the 19th District, 2nd Section, Cobb County, Georgia.
ZONING: CRC ACRES: 0.0825 ac PIN: 19072500270.
Staff Recommendation: APPROVAL. Planning and Zoning Recommendation: APPROVAL.
BACKGROUND: The Property is an approximately 0.0826-acre (approximately 3,598 square feet) parcel zoned CRC. The Property was the subject of rezoning and special use applications in 2017 (PZ17-0008, PZ17-0009 and PZ17-011 collectively, the "Tower Applications"), the approval of which allowed for the construction, operation, and maintenance of the Existing Tower. At the time, of approval, there were some 21 conditions of approval required. Concurrent variances were approved with the Tower Applications in 2017 including UDC Sections 4-415(b) and (c) to reduce setback to residential property lines from 300 feet to 259.9 feet, to reduce the ten-foot-wide landscape buffer requirement to 7.5 feet in one area, and to allow existing vegetation to serve as a buffer.
The Existing Tower was constructed in accordance with all conditions, as evidenced by the City's issuance of a certificate of occupancy for the Existing Tower. At the time of the Tower Applications, the Property was leased to the then applicant and tower developer and was part of a larger parcel that was approximately 4.3 acres (the "Parent Parcel"). Accordingly, when the special use for the Existing Tower was approved, setbacks were measured not from the leasehold property lines, but from the Parent Parcel property lines.
Applicant's predecessor and the Parent Parcel owners merged the leasehold interest into a sale of the Property, effectively subdividing the Property fro...
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