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File #: PZ 23--028    Version: 1
Type: Special Use Status: Passed
File created: 11/20/2023 In control: City Council
On agenda: 2/5/2024 Final action: 2/5/2024
Title: Special Use Request to allow front yard fences, per UDC Table 4-1. The property is located at 3886 Sharon Drive SW, within land lot 871 of the 19th District, 2nd Section, and Cobb County, Georgia. PIN: 19087100320.
Indexes: MIT FY 23 - Safety & Protecting Community (code enforcement, stormwater)
Code sections: Sec. 4-135. - Fence or wall.
Attachments: 1. Executed PZ 2023-028 Tabled Motion to 02-05-24, 2. Special use and Variance Apps Redacted, 3. Survey and Existing Conditions, 4. Code Violation Redacted, 5. Exhibits. Sharon Drive, 6. Written Support - redacted, 7. Executed PZ 2023-028
Related files: PZ 23--031
PZ 22-028.
APPLICANT: Fernando Sandoval
SPECIAL USE: UDC Table 4-1 Provides that front yard fences require special use approval.
LOCATION: 3886 Sharon Drive, SW.
ZONING: R-15 Acreage: 1.52 ac PIN: 19087100320.

Staff Recommendation: Denial Planning and Zoning Recommendation: Approve

BACKGROUND: The home at 3886 Sharon Drive was built in 1920. Mr. Sandoval purchased the home in January 2022, then renovated and installed a non-compliant front yard fence and gate. In August 2022, he requested permits and made substantial improvements to the property. In February 2023 Code Enforcement cited for expired permits, and for work without a permit related to driveway paving.

The applicant contacted Community Development to continue expired permits for: minor land disturbance, dumpster, and remodel permits; and he requested a new paving permit. However, no permit was requested for the front yard gate and fence.

In November 2021, prior to Mr. Sandoval's acquisition, the property received code violations for: Accumulation of rubbish or garbage, Dangerous structure or premises - neglected, damaged, unsecured or abandoned, Declaration of nuisance, Permit required, Vacant Property Maintenance, and Vacant Property Registration.

A neighbor contacted staff to provide comments of support. Those comments are included in the appendix.

Figure 1. Before (Oct. 2019) and After (Sept. 2023) remodel by Mr. Sandoval.





Cobb County Fire Marshall's Comments:
Gates securing fire apparatus access shall be a minimum 14 feet in clear width for a single lane and 20 feet for a double lane. The gates shall not reduce the operating width of the roadway. Double lane gates shall be a minimum of 20 feet in clear width. Gates shall be of the swinging or sliding type. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by t...

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