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File #: PZ 23--008    Version: 1
Type: Variance Status: Passed
File created: 2/28/2023 In control: City Council
On agenda: 4/3/2023 Final action: 4/3/2023
Title: Variance Request to reduce the side setback for an existing concrete patio pavement extension and to allow an ADA access path to the front driveway to encroach into the side setback. The property is located at 4107 Maple Lane, within land lot 756 of the 19th District, 2nd Section, Cobb County, Georgia.
Indexes: SP - Develop and Promote a Safe City
Attachments: 1. PZ 23-008. Motion to Approve. 04032023, 2. Variance Application-4107 Maple Lane Redacted, 3. Comments in opposition., 4. Executed PZ 23-008
CASE NUMBER: PZ 23-008
APPLICANT: Isidro Trujillo
VARIANCE REQUEST: To reduce side setback of existing rear patio extension, and to allow a concrete access path to connecting the rear patio to the front driveway to encroach into the side setback.
LOCATION: 4107 Maple Lane, Powder Springs, GA
ZONING: R-15 ACRES: 0.34 PIN: 19075600320
Staff Recommendation: Approval
Planning and Zoning Recommendation: Denial. PZ voted 5 - 1 to deny.

BACKGROUND: Applicant wishes to connect a concrete patio in the rear yard to the driveway serving the residence by adding a concrete access path, which encroaches into the side yard setback. The path will allow for wheelchair access for a family member.

SURROUNDING AREA: Please see Figure 1-Zoning Map and Figure 2-Front Elevation of Residence.







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 Staffs opinion that the properties shape and configuration are very similar to other residential properties in the area, some of which provide access paths with a non-hardened surface. It is also staff's opinion, that a non-hardened surface would not be sufficient to provide wheelchair access.

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 locate...

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