CASE NUMBER: PZ 22-020.
APPLICANT: Marque Bibbs
REZONING REQUEST: To consider a request to vary Sections 8 -74 and 8 -75 of the UDC related to development requirements for sidewalk, curb, and gutter.
LOCATION: 4740 Shipp Road / 2780 Lost Lakes Drive, within land lots 655 and 678 of the 19th District, 2nd Section, and Cobb County, Georgia.
ZONING: R-15C ACRES: 1.14 ac PIN: 19067800220.
STAFF RECOMMENDATION: Denial
BACKGROUND: The applicant is requesting to modify the zoning stipulations for the subject property to remove the condition requiring curb, gutter, and sidewalk for the new construction at the subject property. On July 19th, 2021, the City Council approved a change in the zoning conditions (PZ 21-018) to allow a 20' driveway easement through the 20' undisturbed buffer and no access easement to allow driveway access to the property on Shipp Road. This was necessary as the site was easement locked when it was originally platted within the Lost Mountain Lakes subdivision in 1998. It was stipulated in PZ 21-2018 that: "#8. Curb and gutter and sidewalks will be required along the frontage." Additionally, Sections 8-74 and 8-75 of the Unified Development Code (UDC) provides that curb, gutter, and sidewalk are required for new construction on existing streets. This Variance Request is being considered concurrently with a request to change the zoning conditions to remove the condition requiring sidewalk, curb, and gutter.
Mr. Bibbs purchased the property in 2021 to construct a single home. The development is underway and to date the final plat approval, land disturbance permitting, and foundation approval stages have been completed.
The code provides the following regarding curb and gutter and sidewalks:
Sec. 8-74. Curb and Gutter.
Curb and gutter are required on all new streets and new construction on existing streets, including acceleration and deceleration lanes and travel lane widenings. See article 21 for d...
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