UPDATED STAFF REPORT. PZ 24-013.
APPLICANT: Linh Le
VARIANCE: To vary UDC Sec. 8-92(e) to allow a privacy fence to encroach 9-feet into the 10-foot drainage easement at the rear of property.
LOCATION: 4444 Quilter Street, within land lot 680 of the 19th District, 2nd Section, Cobb County, Georgia.
ZONING: PUD-R ACRES: 0.138 ac PIN: 19068000490
UPDATED Staff Recommendation: APPROVAL. Planning and Zoning Recommendation: Denial
UPDATE: After the planning and zoning public hearing, staff made additional visits to re-inspect the existing conditions. Most notable is the visit made by the city's new Engineering & Stormwater Services Director, Yanni Spanoudakis P.E., on October 1, 2024. His analysis confirmed that the fence sits on a ridge, which is positive for the requested variance. He provided the following comments in support of approval:
The fence in question, on Lot 56, does not impede the flow of stormwater in the drainage easement. If the grading was per the design, it would but as the land lies now it is situated on a berm (ridge) with no drainage features crossing the portion of the fence in the drainage easement.
I recommend allowing the variance for the fence on Lot 56 in the drainage easement.
This field assessment conducted by Mr. Spanoudakis P.E. supersedes the previous assessment by the city's stormwater engineering consultant, whose assessment was based on the approved grading plans vs a field inspection. This therefore provides the basis for staff to modify the previous recommendation to approval. Additionally, since the subject lot is very shallow compared to most others in the district, a relocation of the fence outside of the drainage easement would deprive the applicant of the enjoyment of her backyard property.
BACKGROUND: The subject property is a part of the Old Lost Mountain (OLM) Estates Subdivision. The annexation and rezoning from R-20 to PUD-R was approved on June 15, 2020. Ms...
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