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File #: PZ 23--003    Version: 1
Type: Variance Status: Passed
File created: 1/9/2023 In control: City Council
On agenda: 2/6/2023 Final action: 2/6/2023
Title: Variance Request to vary sec. 4-05 of the UDC to allow a shed at a road frontage, setback less than the principal structure, and greater than 50% of the size of the home. The property is located at 3152 Brooks Lane, within land lot 725 of the 19th District, 2nd Section, Cobb County, Georgia.
Indexes: SP - Create Destinations that appeal to residents
Attachments: 1. Variance Application Redacted, 2. Site survey Redacted, 3. Signed Motion PZ 23-003
Related files: PZ 23--007, PZ 23--009
CASE NUMBER: PZ 23-003
APPLICANT: Minh Nguyen
VARIANCE REQUEST: Allow an Accessory Structure to be greater than 50% of the Principal Structure, located at a road frontage area of the property, and setback closer than the principal structure.
LOCATION: 3152 Brooks Lane
ZONING: R-20 ACRES: 5.62 acres PIN: 19072500120
Staff Recommendation: Denial
Planning and Zoning Recommendation: Approval, with the striking of stipulation #4. The commission is supportive of the requested size of the accessory building, given the large acreage of the property.

BACKGROUND: Applicant is requesting variance to demolish an existing accessory structure and replace it with a 4,800 square foot barn type structure. Applicant began construction of the structure without proper architectural design review and associated permits.
Variances are being requested to the following sections: UDC Sec. 4-05 (b), (d), and (f).
UDC Sec. 4-05. Accessory Use, Building or Structure.
(b) Area. An individual accessory use or building shall not occupy more floor area than the
floor area occupied by the principal use. The area of any individual accessory building's
or structure's floor area shall not exceed 50 percent of the principal building's floor area.
(d) Location on lot. All accessory uses, buildings, and structures shall be located in the side
or rear yard of the lot.
(f) Setbacks. Accessory buildings having a floor area greater than 144 square feet shall
comply with the same setbacks as required for principal buildings for the zoning district in
which it is located. If an accessory building is attached to a principal building by a
breezeway, passageway, or similar means, such accessory building shall comply with
minimum building setback requirements for the principal building.

SURROUNDING AREA: Please see attached Figures 1-5, which provide an aerial view, zoning of surrounding properties, elevations of existing primary and accessory structures (existing access...

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