powered by Legistar InSite
File #: PZ 24-024    Version: 1
Type: Variance Status: Passed
File created: 7/1/2024 In control: City Council
On agenda: 8/19/2024 Final action: 8/19/2024
Title: Variance Request, to vary Sec. 2-15, to reduce certain perimeter building setback from 35’ to 28’. The property is located at 3149 and 3189 and New Macland Road, within land lots 725 and 682 of the 19th District, 2nd Section, and Cobb County, Georgia. PINs: 19072500020, 19072500090, 19068200030.
Code sections: Table 2-2 - Dimensional Requirements for Residential Zoning Districts
Attachments: 1. Executed PZ 24-024, 2. Variance Request - Concord Oaks Redacted
Related files: PZ 22--029, PZ 21--045
PZ 24-024

APPLICANT: GCSA Macland LLC.
VARIANCE: To vary Sec. 2-15, to reduce certain perimeter building setback from 35' to 28'.
LOCATION: 3149 New Macland Road. Concord Oaks Subdivision.
ZONING: PUD-R ACRES: 6.2

STAFF RECOMMENDATION: Approval Planning and Zoning: Approval


BACKGROUND: The subject site was rezoned from NRC and R-20 to develop a townhome community; approved on January 18, 2022 (PZ21-045). A change in zoning conditions related to the approved site plan was approved on September 19, 2022 (PZ22.029). An administrative variance request to reduce the requirement for retention of existing tree canopy coverage was approved on August 18, 2023. A second administrative variance request to allow the encroachment of uncovered rear patios into the building setback was approved on September 5, 2023.
The applicant provided the following to explain why this subject variance request is necessary:
Georgia Capital was aware during permitting that there was going to be some part of our foundation that would encroach into the slope. We were prepared to address this with an engineered foundation to construct the home. After having the corners of the building staked the determination was made that while we could construct the home per civil plans there would be no side yard for the property or anyway to grade into one with the continuing grade below above the access road. It is also a safety issue for someone if on the slope and with this shift it will allow us to remove all safety concerns with a fence and provide some side yard at the top of slope.

This variance request is to vary minimum setback requirements of certain units at the southern perimeter of the development site. The row of town homes highlighted in figure 1, must be shifted south due to space constraints on the site. The request is to reduce the perimeter building setback for lots 32 -34, from 35-feet to 28-feet. The setback are as follows:
Front: 15 feet from ri...

Click here for full text