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Thankyou,
Ben
From:ThomasPorter,AIA,LEEDAP[mailto:thomasporter@earthlink.net]
Sent:Monday,March03,20144:27PM
To:J.MaxDavis;MarieGarrett;SusanCanon;BatesMattison
Cc:BenSong
Subject:UpcomingZBAHearing
City Officials;
Simply as a note of concern, the next ZBA Hearing has scheduled a series of variances on the property at the corner of
Colonial Drive & Peachtree Road, including variances for lot coverage and Overlay standards.
Members of the BPCA have reached out to the developers in an attempt to view their proposal along with neighborhood
groups, and, while they seem to feel it would be desirable to meet, the feasibility of scheduling, meeting, reviewing &
having any reasonable input in time for the hearing seems almost impossible. It is just over 2 weeks away. We are
continuing with that attempt though.
As the Mayor once said about the property adjacent, this is the Gateway of the City, and, a long history of significant
battles over the development plans for this site guarantee that it will be highly emotional with much energy expended
towards enforcement of the Overlay standards.
I have no idea exactly what the proposal is, I have no idea what the Staff recommendation will be, I only want to stress the
importance of how the City handles this will set a tone for the future and will be significant to many.
Thanks,
Thomas Porter, AIA, LEED AP
thomasporter@earthlink.net
mob: 404.844.7959
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D.1.e
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A t t a c h m e n t : R e v i s e d b u i l d i n g e l e v a t i o n ( 1 2 8 6 : Z B A 1 4 - 0 6 : G i p c o S o u t h e r n I n c . - )
Page 1
MEMORANDUM
MEETING OF: May 20, 2014
COMMITTEE: Zoning Board of Appeals
DEPARTMENT: Community Development
ISSUE/AGENDA ITEM TITLE:
ZBA14-16: Rockhaven Homes LLC - Reduce Rear Yard Setback from 40' to 20' to Construct a
Single Family Home - 1290 Oaklawn Avenue
BACKGROUND/SUMMARY:
Please see attached files.
FISCAL IMPACT: (Budgeted over or under)
STAFF RECOMMENDATION:
Update: This application was deferred for thirty days and placed on the May 20, 2014 agenda.
No additional information has been received.
Please see attached files.
ATTACHMENTS:
ZBA 14-16 Staff memo (DOCX)
ZBA14-16 application (PDF)
ZBA14-16 site plan (PDF)
D.2
Packet Pg. 48
Case: ZBA14-16
Location: 1290 Oaklawn Avenue
Tax Parcel #: 18 241 04 012
Property Owner/ Linda Langford Tawzer
Applicant: Rockhaven Homes, LLC
Request: To reduce the rear yard setback from 40 feet to 20 feet for the
construction of a single family residential home.
DESCRIPTION
The applicant is requesting a variance associated with this case as noted:
A. To reduce the rear yard setback from 40 feet to 20 feet for the construction of a single
family residential home (Section 27-196 (e).
SITE PLAN AND SITE ANALYSIS
The subject property is located at the northeastern corner of the intersection of Oaklawn Avenue
and Apple Valley Road. The property is zoned R-75 (Single Family Residential District) and is
located in the Brookhaven-Peachtree Overlay District. The subject parcel totals 0.23 acres (9,904
square feet). The existing parcel has approximately 105 feet of street frontage along Apple Valley
Road and 68 feet of street frontage along Oaklawn Avenue. The applicant seeks to construct a
two-story Glenwood style home with a width of 31 feet and depth of 66 feet. The proposed area
for the primary structure is identified as 4,092 square feet.
The applicant is seeking to demolish an existing home and re-construct a larger home on the subject
property. The new single family structure proposes a 20-foot encroachment to the rear yard
setback. The applicant seeks to reduce the minimum rear yard setback from 40 feet to 20 feet.
CRITERIA TO BE USED BY THE BOARD
The applicant seeks a variance to a development standard. Consideration of this request should be
made under the terms of the following criteria, found in the City Zoning Ordinance:
No relief may be granted or action taken under the terms of this division unless such relief can be
granted without substantial detriment to the public good and without substantial impairment of the
intent and purpose of this chapter and the comprehensive plan text. The Zoning Board of Appeals
shall apply the following criteria to the types of applications specified below as follows:
(a) Variances from the provisions or requirements of this chapter shall be authorized only upon
making all of the following findings:
(1) By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by reason
of exceptional topographic conditions, which were not created by the owner or applicant,
the strict application of the requirements of this chapter would deprive the property owner
of rights and privileges enjoyed by other property owners in the same zoning district;
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Staff Comment:
The building envelope as the result of required setbacks does not create exceptional shape for
the lot. The requested building footprint that has been created by the owner or applicant results
in an encroachment into the rear yard setback which may not be necessary. The strict
application of the requirements of this chapter may not deprive the property owner of rights
and privileges enjoyed by other property owners in the same zoning district.
(2) The requested variance does not go beyond the minimum necessary to afford relief, and
does not constitute a grant of special privilege inconsistent with the limitations upon other
properties in the zoning district in which the subject property is located;
Staff Comment:
The requested variance to reduce the rear yard setback appears to go beyond the minimum
necessary to afford relief and may grant a special privilege inconsistent with other properties
within the zoning district.
(3) The grant of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the zoning district in which the subject
property is located;
Staff Comment:
The granting of this variance request maybe materially detrimental to the public welfare in
that there appears a sizable home could be built within the established building envelope.
(4) The literal interpretation and strict application of the applicable provisions or requirements
of this chapter would cause undue and unnecessary hardship, not merely impose a
casual/discretionary inconvenience upon the applicant or his/her assigns; and
Staff Comment:
The literal interpretation and strict application of the applicable provisions of this chapter
may not cause undue or unnecessary hardship to the applicant but may merely impose an
inconvenience as an alternative building footprint could be reconfigured to comply with the
requirements of the setbacks.
(5) The requested variance would be consistent with the spirit and purpose of this chapter and
the DeKalb County Comprehensive Plan text.
Staff Comment:
The requested variance has no impact on the terms of the Comprehensive Plan.
STAFF RECOMMENDATION
Staff recommends the Board vote to deny the variance requested.
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Page 1
MEMORANDUM
MEETING OF: May 20, 2014
COMMITTEE: Zoning Board of Appeals
DEPARTMENT: Community Development
ISSUE/AGENDA ITEM TITLE:
ZBA14-18: Drew Clough D.B.A Waterford Homes - Reduce 75' Stream Buffer to 50' and
Reduce Side Setback from 7.5' to 4.0' to Build a Single Family Home on Lot 12 - 2492 Ellijay
Drive
BACKGROUND/SUMMARY:
Please see attached files.
FISCAL IMPACT: (Budgeted over or under)
STAFF RECOMMENDATION:
Please see attached files.
ATTACHMENTS:
ZBA 14-18 Staff memo (PDF)
ZBA14-18 Application (PDF)
ZBA14-18 Site Plan stamped (PDF)
Fwd Rezoning Proposal on Ellijay Dr (PDF)
FW Comment ZBA-18 ZBA-19 (PDF)
E.1
Packet Pg. 60
Case: ZBA14-18
Location: 2492 Ellijay Drive (Lot 12)
Tax Parcel # 18-238-14-031
Property Owner: Eugene C. Aultman
Applicant: Drew Clough d.b.a Waterford Homes
Request: To reduce the stream buffer requirement from 75 feet to 50 feet and
reduce the side yard setback from 7.5 feet to 4.0 feet to build a single-
family home on lot 12
DESCRIPTION
The applicant is requesting variances associated with this case as noted:
To reduce the stream buffer requirement from 75 feet to 50 feet; and
To reduce the side yard setback from 7.5 feet to 4.0 feet.
The stream buffer application was received after the stream buffer moratorium was lifted and
prior to the adoption of the amended ordinance on March 25, 2014. Therefore, review of this
request falls under the previous ordinance. In that regard, the Director opted not to consider the
request administratively which is construed as a denial and therefore defaults to the ZBA for
consideration.
SITE PLAN AND SITE ANALYSIS
The subject property exists as an interior lot along the west side of Ellijay Drive, approximately
80 feet south of its intersection with Canoochee Drive. The subject property was originally
platted as two 50-foot lots, then subsequently combined into one (1) lot. In February 2014, a lot
merger wavier was approved by the Zoning Board of Appeals, recognizing two separate parcels.
There is an existing single family home on the parcel. The applicant proposes to demolish the
existing structure and construct a larger home on the subject property. The lot size of the subject
property is 0.251 acres or 10,970.58 square feet. The current zoning of the property is R-75
(Single Family Residential District).
The applicant proposes two alternative plans to construct a home on the subject property. Plan
A proposes a home with 3,200 square feet including a deck. According to the applicant, heavy
equipment may be needed on site to build the home as indicated. Land disturbance is proposed
within the outer 25 feet of the 75-foot stream buffer, no impervious surface is proposed in that
area. Additionally, the applicant seeks a variance to reduce the side yard setback from 7.5 feet to
4.0 feet.
Plan B proposes a narrower, deeper configuration for a 2,800 square-foot, two-story single
family home with a basement and deck. Plan B does not require a variance to reduce the side
setback but indicates an encroachment into the 75-foot stream buffer by approximately 20 feet.
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The buffer intrusion of the proposed deck, portion of the home and associated land disturbance
area will equate to 251.35 square feet under Plan B.
The Department would note that the applicant identified an administrative variance under Plan
A with this request. However, the proposed administrative variance is not valid as it would
exceed the provision for granting of an administrative variance not to exceed 10% of the front
yard setback.
CRITERIA TO BE USED BY THE BOARD IN REGARD TO THE STREAM BUFFER
VARIANCE
The Community Development Director nor the Zoning Board of Appeals shall have the power to
consider or to grant variances which are the responsibility of the Director of the Environmental
Protection Division (EPD) pursuant to O.C.G.A. 12-2-8. This first twenty five (25) feet
adjacent to the stream is the purview of the EPD and has not been requested. (The pertinent Land
Development Regulations which include stream buffers for the City of Brookhaven fall under the
provisions of DeKalb Countys Development Code (Chapter 14), as adopted by City of
Brookhaven.)
The following criteria shall be considered in evaluating the stream buffer variance request:
(A) The request will be protective of natural resources and the environment as would a plan
which met the strict application of these requirements. In making such a judgment, the
Board shall examine whether the request will be at least as protective of the natural
resources and the environment with regard to the following factors:
1. Stream bank or soil stabilization;
2. Trapping of sediment in surface runoff;
3. Removal of nutrients, heavy metals, pesticides and other pollutants from surface runoff;
4. Terrestrial habitat, food chain, and migration corridor;
5. Buffering of flood flows; and
6. Infiltration of surface runoff.
Staff Comment:
According to the stream buffer variance requested, the applicant proposes a robust
mitigation plan that will enhance the environment. The proposed mitigation plan will
provide replanting of indigenous, native plantings along the stream.
(B) By reason of exceptional topographic or other relevant physical conditions of the subject
property that were not created by the owner or applicant, there is no opportunity for any
development under any design configuration unless a variance is granted.
Staff Comment:
The creek and 75-foot stream buffer are relevant physical conditions that exist on the
subject property. The location of these physical elements were not created by the owner
or applicant. Additionally, the lot appears narrow in shape and the 75-foot stream
buffer encompasses the majority of the rear yard on lot 12. A design such as plan A
could be constructed on the property with minimal intrusion and without locating
impervious surfaces in the stream buffer.
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(C) The request does not go beyond the minimum necessary to afford relief and does not
constitute a grant of special privileges inconsistent with the limitations upon other
properties that are similarly situated.
Staff Comment:
The requested variance to encroach into the stream buffer for both plans do not appear
to go beyond the minimum necessary to afford relief and would not constitute a grant of
special privilege. The proposed encroachment would allow for a house to be constructed
comparable to neighboring properties.
(D) The grant of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the area in which the property is located.
Staff Comment:
Staff would recognize that the subject property presents environmental challenges
associated with the stream buffer. Given appropriate mitigation and recommended
conditions, granting a variance to the stream buffer would not appear to be detrimental
to the public welfare of the area.
(E) The literal interpretation and strict application of the applicable provisions or
requirements of Chapter 14 would cause an extreme hardship, provided the hardship was
not created by the owner.
Staff Comment:
The literal interpretation and strict application of the stream buffer ordinance appears
to cause hardship to the applicant due to the relevant physical conditions applied by the
stream buffer and shape of the lot. Plan A proposes a minimal encroachment into the
stream buffer limited to grading and land disturbance; wherein, Plan B would require
a 20-foot encroachment into the stream buffer, but would not require an additional
variance to reduce the side yard setback and be in keeping with the design and form of
existing dwellings in the area.
CRITERIA TO BE USED BY THE BOARD IN REGARDS TO SETBACK
REQUIREMENTS
The applicant seeks a variance to a development standard. Consideration of this request should
be made under the terms of the following criteria, found in the City Zoning Ordinance: No relief
may be granted or action taken under the terms of this division unless such relief can be granted
without substantial detriment to the public good and without substantial impairment of the intent
and purpose of this chapter and the comprehensive plan text. The Zoning Board of Appeals shall
apply the following criteria to the types of applications specified below as follows:
(a) Variances from the provisions or requirements of this chapter shall be authorized only upon
making all of the following findings:
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(1) By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by
reason of exceptional topographic conditions, which were not created by the owner or
applicant, the strict application of the requirements of this chapter would deprive the
property owner of rights and privileges enjoyed by other property owners in the same
zoning district;
Staff Comment:
The proposed building footprint for Plan A would require an encroachment into the
side yard setback. The strict application of the requirements of this chapter under Plan
A, may not deprive the property owner of rights and privileges enjoyed by other
property owners in the same zoning district, as Plan B would show an alternative
building footprint that would comply with the required side yard setback.
(2) The requested variance does not go beyond the minimum necessary to afford relief, and
does not constitute a grant of special privilege inconsistent with the limitations upon
other properties in the zoning district in which the subject property is located;
Staff Comment:
The requested variance to reduce the side yard setback (Plan A) appears to go
beyond the minimum necessary to afford relief and may grant a special privilege
inconsistent with other properties within the zoning district. Although Plan B would
require an encroachment into the stream buffer, the intrusion would occur in the outer
25-foot portion, similar to existing homes in the area and would not require additional
variances.
(3) The grant of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the zoning district in which the subject
property is located;
Staff Comment:
The granting of this variance request to reduce the side yard setback under Plan A
may be materially detrimental to the public welfare in that there appears a sizable
home could be built within the established building envelope. In addition, the reduction
in the side yard setback may negatively impact the neighboring properties.
(4) The literal interpretation and strict application of the applicable provisions or
requirements of this chapter would cause undue and unnecessary hardship, not merely
impose a casual/discretionary inconvenience upon the applicant or his/her assigns; and
Staff Comment:
The literal interpretation and strict application of the applicable provisions of this
chapter may not cause undue or unnecessary hardship to the applicant but may merely
impose an inconvenience as a building footprint in compliance with the required side
yard setback could be achieved under Plan B.
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(5) The requested variance would be consistent with the spirit and purpose of this chapter
and the DeKalb County Comprehensive Plan text.
Staff Comment:
The requested variance has no impact on the terms of the Comprehensive Plan.
STAFF RECOMMENDATION
Staff recommends the Board vote in favor of the requested variance to reduce the stream buffer
from 75 feet to 55 feet on Lot 12, as proposed under Plan B.
Staff recommends the Board vote to deny the requested variance to reduce the side yard setback
from 7.5 feet to 4.0 feet on Lot 12, as proposed under Plan A.
Staff suggests the following condition(s):
1. Development of the subject property shall occur in accordance with Plan B
submitted on March 24, 2014 to the Community Development Department.
2. Development on the lot shall include practice(s) that will capture 1.2 inches of runoff
from rooftops to be discharged in no less than 24 hours and that facilitates discharge
through infiltration, evaporation, and/or transpiration.
3. Submittal of a stream buffer mitigation plan for approval by the City Arborist at time
of building permit.
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Becky Apter
From: Susan Canon
Sent: Monday, May 05, 2014 7:24 AM
To: Becky Apter; Ben Song
Subject: Fwd: Rezoning Proposal on Ellijay Dr
Sent from my iPhone
Begin forwarded message:
From: Bates Mattison <bates.mattison@brookhavenga.gov>
Date: May 5, 2014, 7:02:04 AM EDT
To: Fergus Thomas <fergus.thomas@gmail.com>
Cc: Catherine Thomas <catiethomas@gmail.com>, Susan Canon <susan.canon@brookhavenga.gov>
Subject: Re: Rezoning Proposal on Ellijay Dr
Thank you for your comments. I've forwarded your concerns to our planning dept director, Susan
Cannon.
Sent from my iPhone
D. Bates Mattison
Executive Director
Institute for Healthcare IT
1600 Atlanta Financial Center
3343 Peachtree Road, NE
Atlanta, GA 30326
(404) 786-6482
www.InstituteForHIT.org
Sent from my iPhone
D. Bates Mattison
City Council- District 3
City of Brookhaven
4362 Peachtree Road
Brookhaven, GA 30319
Main: 404-637-0500
Direct: 678-390-3424
Cell: 404-786-6482
bates.mattison@brookhavenga.gov
www.brookhavenga.gov
On May 5, 2014, at 12:13 AM, Fergus Thomas <fergus.thomas@gmail.com> wrote:
Hi Bates,
We live at 2488 Ellijay and wanted to speak with you regarding the proposed rezoning of
the lots adjacent to us. What is the best course to take to protest this proposed change.
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While we understand that development will happen, we want it to be done in a way that is
not detrimental to the neighborhood and in our case the protected waterway that runs
through this property. We have serious concerns about the setbacks on both the sides and
rear of the property.
Waterway concerns: (photos showing line of houses at rear which 50ft puts new house
rear about 10ft past our existing deck, pics also show flooding of creek and sewer lines
(note, this pic isn't the worst flooding we've seen but representative).
decreasing the rear set back to 50ft puts potential building far out of line with the
rest of the homes lining this street. It also encroaches on the stream that runs to
the rear of the property.
Along this creek runs the main sewer line with a sewer manhole in our property.
Over the past 8 months since the increased development and hence increased non-
porous surfaces we've seen significant increases in flooding and volume of water
down this creek so much so that we've taken to shoring up the land with erosion
control boulders. Our concern is that further washout will eventually washout the
brick sewer main contaminating the creek with sewage. All the houses along this
side of Ellijay have the main house sewers cross this stream and on frequent
occasions we find those pipes under water and impacted with debris from these
flash floods.
With the 2 sets of large apartment blocks, 5 new houses at the beginning of
Ellijay, and the 5 new homes being built (or proposed) above us on Fernwood this
flooding issue will get worse as all these properties drain into that creek bed.
Trying to squeeze even more sq footage onto the 2 lots next to us is disastrous
planning given the waterway on the property. The existing zoning and setbacks
would help protect the neighborhood.
Environmental concern 2: Specimen Tree (pics included)
At the rear of this property there is an 80 yr old oak on the street side of the creek.
The proposed rear setback would put excavation and damaging heavy equipment
operating around the root system of this tree. The proposed 50 ft setback would
have a building within 10-13 feet of this tree. Destabilizing this tree would be an
immediate danger to the safety of our house and our family and small children.
The 75ft ft setback protects not only the waterway but also native trees like this
water oak.
Property access concerns (side setbacks):
Decreasing the setback from 7.5ft to 4, creates a situation where access to our
yard or the proposed new house would be severally compromised. Our house and
our other neighbor both have the A/C units on the same side of the house creating
no access to our yard from the south side. The north side which is where the
proposed rezoning lot is located is our only access to the back. As mentioned,
with a main sewer out at the rear of our property, moving to a 4 ft side setback
would eliminate the ability of water management to get equipment back to repair
or maintain that sewer line that runs along the creek bank. 7.5ft is a reasonable
setback and one being adhered to by the builders of 4 new homes on Ellijay just 2
houses down from the lots next to us.
The move to rezone seems like an attempt by a builder to squeeze more sq footage onto a
lot in order to maximize their revenue. While good for the builder, it certainly isn't good
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for the neighborhood or the city which will be left with the impact to the creek,
inaccessibility to the sewer lines and potential loss of one of the most beautiful trees in
Brookhaven. The 4 other new homes being built just up the street on the same side of
Ellijay with the creek all have been constructed with the zoned 7.5ft side setbacks and
75ft rear setbacks. Why would these 2 lots just 2 houses down be any different? Those
houses that adhered to existing zoning have been easily constructed and sold without
creating houses sitting on top of each other or encroaching into our
waterway.Development can be great but not when its unrestricted and driven by builders
who don't have the best long term interest of our community in mind. We need to protect
our community.
I'd love for you to stop by the lots and see for yourself. We'd hope that you would support
us in opposing this rezoning and informing us on what information or action we'd need to
do in order for the zoning commission to make the right decision in this case. I'd love to
schedule time in person to discuss.
My number is 404-984-7230
Thank you for your help,
Fergus and Catie Thomas
This e-mail message (including any attachments) is for the sole use of the intended recipient(s) and may contain confidential and privileged
information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of
this message (including any attachments) is strictly prohibited. If you have received this message in error, please contact the sender and destroy all
copies of the original message (including attachments). The City of Brookhaven is a public entity subject to the Official Code of Georgia Annotated
50-18-70 to 50-18-76 concerning public records. Email is covered under such laws and thus may be subject to disclosure.
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Becky Apter
From: Ben Song
Sent: Wednesday, May 07, 2014 11:26 AM
To: External-Zoning Board of Appeals
Cc: Becky Apter; Susan Canon
Subject: FW: Comment ZBA-18 & ZBA-19
Board members,
Please see below for comment provided by Mr. Porter expressing his opposition to ZBA14-18 and ZBA14-19.
Thank you,
Ben Song
Deputy Director of Community Development
City of Brookhaven | www.brookhavenga.gov
O: 404-637-0536
F: 404-637-0537
This e-mail message (including any attachments) is for the sole use of the intended recipient(s) and may contain confidential and privileged information. If the reader of
this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message (including any attachments) is strictly
prohibited. If you have received this message in error, please contact the sender and destroy all copies of the original message (including attachments). The City of
Brookhaven is a public entity subject to the Official Code of Georgia Annotated 50-18-70 to 50-18-76 concerning public records. Email is covered under such laws and
thus may be subject to disclosure.
From:Thomas Porter, AIA, LEED AP [mailto:thomasporter@earthlink.net]
Sent:Wednesday, May 07, 2014 10:40 AM
To:Susan Canon; Ben Song
Subject:Comment ZBA-18 & ZBA-19
Ms. Canon & Mr. Song;
Please provide my comments below to all members of the ZBA as park of the packet in advance of the May hearing. Thank you.
Members of the ZBA;
With regard to the two referenced variances for stream buffer encroachment & side yard reductions, please enter my strong
opposition to both and note:
I TOLD YOU SO!
This property was legally conforming R-75 zoning before waiver of lot merger was approved two hearings ago. By the applicants
own writing it was merged not by the County but rather by his relative for monetary gain, it was/is as I argued unbuildable as two
lots. Mr. Nama asked Mr. Song what the buildable area was and the response was approx. 30 x 60 (see video), which, is a
misleading response. I am guessing the staff recommendation is approval... again.
This neighborhood is under siege, the stream buffer has been in place for a decade or more, when do current residents get the
benefit of ordinances they thought were in-place & would be upheld? If not when a property changes ownership then, when
exactly?
The waiver of lot merger was a sham by a ol fella that just wanted to sell the property for his family, no sale signs have gone up
since well before that waiver approval and now you have a new owner and new variance requests which couldnt have been
combined because an applicant cant create a hardship. It was orchestrated by the builder/purchaser before the waiver, it makes a
mockery of the ordinances, and, unfortunately, a mockery of the purpose of the ZBA.
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I implore you to deny these variances. Brookhaven Fields is a popular neighborhood because it is a quirky mix of all different
types, styles and sizes of homes as I have heard many say . Granting every builder the right to build commensurate size houses
will ruin the character of this neighborhood & most importantly, the environment.
Thank you for your consideration.
Thomas Porter, AIA, LEEDAP
www.thomasporter.net
mob: 404.844.7959
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Page 1
MEMORANDUM
MEETING OF: May 20, 2014
COMMITTEE: Zoning Board of Appeals
DEPARTMENT: Community Development
ISSUE/AGENDA ITEM TITLE:
ZBA14-19: Drew Clough D.B.A Waterford Homes - Reduce 75' Stream Buffer to 50' and
Reduce Side Setback from 7.5' to 4.0' to Build a Single Family Home on Lot 11 - 2496 Ellijay
Drive
BACKGROUND/SUMMARY:
Please see attached files.
FISCAL IMPACT: (Budgeted over or under)
STAFF RECOMMENDATION:
Please see attached files.
ATTACHMENTS:
ZBA 14-19 Staff memo (PDF)
ZBA14-19 Application (PDF)
ZBA14-19 Site Plan (PDF)
FW Comment ZBA-18 ZBA-19 (PDF)
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Case: ZBA14-19
Location: 2496 Ellijay Drive (Lot 11)
Tax Parcel # 18-238-14-031
Property Owner/ Eugene C. Aultman
Applicant: Drew Clough d.b.a Waterford Homes
Request: To reduce the stream buffer requirement from 75 feet to 50 feet and
reduce the side yard setback from 7.5 feet to 4.0 feet to build a single-
family home on lot 11
DESCRIPTION
The applicant is requesting two variances associated with this case as noted:
To reduce the stream buffer requirement from 75 feet to 50 feet
To reduce the side yard setback from 7.5 feet to 4.0 feet
The stream buffer application was received after the stream buffer moratorium was lifted and
prior to the adoption of the amended ordinance on March 25, 2014. Therefore, review of this
request falls under the previous ordinance. In that regard, the Director opted not to consider the
request administratively which is construed as a denial and therefore defaults to the ZBA for
consideration.
SITE PLAN AND SITE ANALYSIS
The subject property exists as an interior lot located along the west side of Ellijay Drive,
approximately 80 feet south of its intersection with Canoochee Drive. The subject property was
originally platted as two 50-foot lots, then subsequently combined into one (1) lot. In February
2014, a lot merger wavier was approved by the Zoning Board of Appeals (ZBA), recognizing
two separate parcels. The applicant proposes to construct a larger home on the subject property.
The lot size of the subject property is 0.239 acres or 10,409.36 square feet. The current zoning of
the property is R-75 (Single Family Residential District).
The applicant proposes two alternative plans to construct a home on the subject property. Plan
A proposes a home with 3,200 square feet including a deck. The buffer intrusion proposed by
the house on Lot 11 under Plan A is 138.73 square feet. Land disturbance is proposed for the
location of impervious surfaces within the outer 25 feet of the 75-foot stream buffer.
Additionally, the applicant seeks a variance to reduce the side yard setback from 7.5 feet to 4.0
feet.
Plan B proposes a narrower, deeper configuration for a 2,800 square-foot, two-story single
family home with a basement and deck. Plan B does not require a variance to reduce the side
yard setback but indicates an encroachment into the 75-foot stream buffer by 25 feet. The buffer
intrusion, which includes a portion of the home and deck, will equate to 556.87 square feet.
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The Department would note that the applicant identified an administrative variance under Plan
A with this request. However, the proposed administrative variance is not valid as it would
exceed the provision for granting of an administrative variance not to exceed 10% of the front
yard setback.
CRITERIA TO BE USED BY THE BOARD IN REGARD TO THE STREAM BUFFER
VARIANCE
The Community Development Director nor the Zoning Board of Appeals shall have the power to
consider or to grant variances which are the responsibility of the Director of the Environmental
Protection Division (EPD) pursuant to O.C.G.A. 12-2-8. This first twenty five (25) feet
adjacent to the stream is the purview of the EPD and has not been requested. (The pertinent Land
Development Regulations which include stream buffers for the City of Brookhaven fall under the
provisions of DeKalb Countys Development Code (Chapter 14), as adopted by City of
Brookhaven.)
The following criteria shall be considered in evaluating the stream buffer variance request:
(A) The request will be protective of natural resources and the environment as would a plan
which met the strict application of these requirements. In making such a judgment, the
Board shall examine whether the request will be at least as protective of the natural
resources and the environment with regard to the following factors:
1. Stream bank or soil stabilization;
2. Trapping of sediment in surface runoff;
3. Removal of nutrients, heavy metals, pesticides and other pollutants from surface runoff;
4. Terrestrial habitat, food chain, and migration corridor;
5. Buffering of flood flows; and
6. Infiltration of surface runoff.
Staff Comment:
According to the stream buffer variance requested, the applicant proposes a robust mitigation
plan that will enhance the environment. The proposed mitigation plan will provide replanting of
indigenous, native plantings along the stream.
(B) By reason of exceptional topographic or other relevant physical conditions of the subject
property that were not created by the owner or applicant, there is no opportunity for any
development under any design configuration unless a variance is granted.
Staff Comment:
The creek and 75-foot stream buffer are relevant physical conditions that exist on the subject
property. The location of these physical elements were not created by the owner or applicant.
Additionally, the lot appears narrow in shape and the 75-foot stream buffer encompasses the
majority of the rear yard on lot 11. A design such as plan A could be constructed on the
property with minimal intrusion into the stream buffer.
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(C) The request does not go beyond the minimum necessary to afford relief and does not
constitute a grant of special privileges inconsistent with the limitations upon other
properties that are similarly situated.
Staff Comment:
The requested variance to encroach into the stream buffer for both plans do not appear to go
beyond the minimum necessary to afford relief and would not constitute a grant of special
privilege. The proposed encroachment would allow for a house to be constructed comparable to
neighboring properties.
(D) The grant of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the area in which the property is located.
Staff Comment:
Staff would recognize that the subject property presents environmental challenges associated with
the stream buffer. Given appropriate mitigation and recommended conditions, granting a variance
to the stream buffer would not appear to be detrimental to the public welfare of the area.
(E) The literal interpretation and strict application of the applicable provisions or requirements
of Chapter 14 would cause an extreme hardship, provided the hardship was not created by
the owner.
Staff Comment:
The literal interpretation and strict application of the stream buffer ordinance appears to cause
hardship to the applicant due to the relevant physical conditions applied by the stream buffer and
shape of the lot. Plan A proposes a minimal encroachment of 14.0 feet into the stream buffer;
Wherein, Plan B would require a 25-foot encroachment into the stream buffer, but would not
require an additional variance to reduce the side yard setback and be in keeping with the design
and form of existing dwellings in the area.
CRITERIA TO BE USED BY THE BOARD IN REGARDS TO SETBACK
REQUIREMENTS
The applicant seeks a variance to a development standard. Consideration of this request should be
made under the terms of the following criteria, found in the City Zoning Ordinance: No relief may
be granted or action taken under the terms of this division unless such relief can be granted without
substantial detriment to the public good and without substantial impairment of the intent and
purpose of this chapter and the comprehensive plan text. The Zoning Board of Appeals shall apply
the following criteria to the types of applications specified below as follows:
(a) Variances from the provisions or requirements of this chapter shall be authorized only upon
making all of the following findings:
(1) By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by reason of
exceptional topographic conditions, which were not created by the owner or applicant, the
strict application of the requirements of this chapter would deprive the property owner of rights
and privileges enjoyed by other property owners in the same zoning district;
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Staff Comment:
The proposed building footprint for Plan A would require an encroachment into the side yard
setback. The strict application of the requirements of this chapter under Plan A, may not
deprive the property owner of rights and privileges enjoyed by other property owners in the same
zoning district, as Plan B would show an alternative building envelope that would comply with
the required side yard setback.
(2) The requested variance does not go beyond the minimum necessary to afford relief, and does
not constitute a grant of special privilege inconsistent with the limitations upon other properties in
the zoning district in which the subject property is located;
Staff Comment:
The requested variance to reduce the side yard setback (Plan A) appears to go beyond the
minimum necessary to afford relief and may grant a special privilege inconsistent with other
properties within the zoning district. Although both plans would require an encroachment into
the stream buffer, Plan B does not require a variance to reduce the site yard setback.
(3) The grant of the variance will not be materially detrimental to the public welfare or injurious
to the property or improvements in the zoning district in which the subject property is located;
Staff Comment:
The granting of this variance request to reduce the side yard setback under Plan A maybe
materially detrimental to the public welfare in that there appears a sizable home could be built
within the established building envelope. In addition, the reduction in the side yard setback may
negatively impact the neighboring properties.
(4) The literal interpretation and strict application of the applicable provisions or requirements of
this chapter would cause undue and unnecessary hardship, not merely impose a
casual/discretionary inconvenience upon the applicant or his/her assigns; and
Staff Comment:
The literal interpretation and strict application of the applicable provisions of this chapter may
not cause undue or unnecessary hardship to the applicant but may merely impose an
inconvenience as a building footprint in compliance with the required side yard setback could be
achieved under Plan B.
(5) The requested variance would be consistent with the spirit and purpose of this chapter and the
DeKalb County Comprehensive Plan text.
Staff Comment:
The requested variance has no impact on the terms of the Comprehensive Plan.
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STAFF RECOMMENDATION
Staff recommends the Board vote in favor of the requested variance to reduce the stream buffer
from 75 feet to 50 feet on Lot 11, as proposed under Plan B.
Staff recommends the Board vote to deny the requested variance to reduce the side yard setback
from 7.5 feet to 4.0 feet on Lot 11, as proposed under Plan A.
Staff suggests the following condition(s):
1. Development of the subject property shall occur in accordance with Plan B submitted
on March 24, 2014 to the Community Development Department.
2. Development on lot shall include practice(s) that will capture 1.2 inches of runoff from
rooftops to be discharged in no less than 24 hours and that facilitates discharge through
infiltration, evaporation, and/or transpiration.
3. Submittal of a stream buffer mitigation plan for approval by the City Arborist at time of
building permit.
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1
Becky Apter
From: Ben Song
Sent: Wednesday, May 07, 2014 11:26 AM
To: External-Zoning Board of Appeals
Cc: Becky Apter; Susan Canon
Subject: FW: Comment ZBA-18 & ZBA-19
Board members,
Please see below for comment provided by Mr. Porter expressing his opposition to ZBA14-18 and ZBA14-19.
Thank you,
Ben Song
Deputy Director of Community Development
City of Brookhaven | www.brookhavenga.gov
O: 404-637-0536
F: 404-637-0537
This e-mail message (including any attachments) is for the sole use of the intended recipient(s) and may contain confidential and privileged information. If the reader of
this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message (including any attachments) is strictly
prohibited. If you have received this message in error, please contact the sender and destroy all copies of the original message (including attachments). The City of
Brookhaven is a public entity subject to the Official Code of Georgia Annotated 50-18-70 to 50-18-76 concerning public records. Email is covered under such laws and
thus may be subject to disclosure.
From:Thomas Porter, AIA, LEED AP [mailto:thomasporter@earthlink.net]
Sent:Wednesday, May 07, 2014 10:40 AM
To:Susan Canon; Ben Song
Subject:Comment ZBA-18 & ZBA-19
Ms. Canon & Mr. Song;
Please provide my comments below to all members of the ZBA as park of the packet in advance of the May hearing. Thank you.
Members of the ZBA;
With regard to the two referenced variances for stream buffer encroachment & side yard reductions, please enter my strong
opposition to both and note:
I TOLD YOU SO!
This property was legally conforming R-75 zoning before waiver of lot merger was approved two hearings ago. By the applicants
own writing it was merged not by the County but rather by his relative for monetary gain, it was/is as I argued unbuildable as two
lots. Mr. Nama asked Mr. Song what the buildable area was and the response was approx. 30 x 60 (see video), which, is a
misleading response. I am guessing the staff recommendation is approval... again.
This neighborhood is under siege, the stream buffer has been in place for a decade or more, when do current residents get the
benefit of ordinances they thought were in-place & would be upheld? If not when a property changes ownership then, when
exactly?
The waiver of lot merger was a sham by a ol fella that just wanted to sell the property for his family, no sale signs have gone up
since well before that waiver approval and now you have a new owner and new variance requests which couldnt have been
combined because an applicant cant create a hardship. It was orchestrated by the builder/purchaser before the waiver, it makes a
mockery of the ordinances, and, unfortunately, a mockery of the purpose of the ZBA.
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I implore you to deny these variances. Brookhaven Fields is a popular neighborhood because it is a quirky mix of all different
types, styles and sizes of homes as I have heard many say . Granting every builder the right to build commensurate size houses
will ruin the character of this neighborhood & most importantly, the environment.
Thank you for your consideration.
Thomas Porter, AIA, LEEDAP
www.thomasporter.net
mob: 404.844.7959
E.2.d
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Page 1
MEMORANDUM
MEETING OF: May 20, 2014
COMMITTEE: Zoning Board of Appeals
DEPARTMENT: Community Development
ISSUE/AGENDA ITEM TITLE:
ZBA14-20: Caliber Brookhaven, LLC - to Eliminate the Requirement for a Single Loading
Space; to Allow a Curb Cut on Peachtree Road; to Allow an ATM as an Accessory Structure and
to Vary from 27-728.15.7(A) and 27.728.15.12(F)(3); and to Allow for an Additional Ground
Sign (Chapter 21) - 4260 Peachtree Road
BACKGROUND/SUMMARY:
Please see attached files.
FISCAL IMPACT: (Budgeted over or under)
STAFF RECOMMENDATION:
Please see attached files.
ATTACHMENTS:
ZBA 14-20 Staff memo_revised (PDF)
ZBA14-20 Full application (PDF)
ZBA14-20 Revised Site Plan (PDF)
ZBA14-20 Site Plan_ATM (PDF)
E.3
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Case: ZBA14-20
Location: 4260 Peachtree Road
Tax Parcel # 18-241-03-015
Property Owner: George Menzoian
Applicant: Caliber Brookhaven, LLC
Request: To eliminate the requirement for a single loading space (Section 27-
755(b)(2)); to allow a curb cut on Peachtree Road (Section 27-
728.15.12 (d)(3)); to allow an ATM as an accessory structure (Section
27-731(d)) and to vary from Sections 27-728.15.7(a) and
27.728.15.12(f)(3); and to allow for an additional ground sign
(Chapter 21)
DESCRIPTION
The applicant is requesting six variances associated with this case as noted:
1. Loading space Section 27-755(b)(2) - Retail uses including all first floor
nonresidential uses with a gross floor area of less than twenty thousand (20,000) square
feet, and all wholesale and light industrial operations with a gross floor area of less than
ten thousand (10,000) square feet shall provide one (1) loading space.
Variance request: Eliminate requirement for a single loading space
2. Access/curb cuts 27-728.15.12(d)(3) - All parking shall be accessed via shared alleys
or private drives. No curb cuts shall be allowed on primary streets (Peachtree Road and
Apple Valley Road) if the development is accessible by another street. If an existing block
face on a primary street exceeds seven-hundred (700) linear feet, then one (1) curb cut
per seven-hundred (700) linear feet is allowed. If a development is accessible from more
than one (1) secondary or tertiary street (Dresden Drive, North Druid Hills Road,
Hermance Drive, Ashford-Dunwoody Road, Lanier Drive, Osborne Road and
Brookhaven Place), the development shall be limited to one (1) curb cut per block face. If
a development is only accessible from one (1) street, the development is limited to two (2)
curb cuts on that street.
Variance request: To allow a full access curb cut on Peachtree Road
3. ATM as an accessory structure 27-731(d) - No accessory building or structure in a
nonresidential district shall be used by other than employees of the owner, lessee or
tenant of the premises, unless otherwise allowed by provisions of this chapter.
Variance request: Allow for an accessory drive-up ATM kiosk
4. Architectural design requirements 27-728.15.7(a) - Allowable building materials
shall include brick, stone, wood, architectural metal siding, and fiber cement siding.
Building facades that are visible from primary roadways (Peachtree Road, Apple Valley
Road) and secondary roadways (Dresden Drive, North Druid hills Road, Hermance
Drive, Ashford-Dunwoody Road, Lanier Drive, Osborne Drive, or Brookhaven Place)
E.3.a
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should predominantly use brick and stone. The following building materials shall be
prohibited: vinyl siding, exposed concrete block or concrete masonry units, exposed
plywood, plastic or PVC, and synthetic stucco or EIFS.
Variance request: To eliminate building materials requirement for the proposed ATM
kiosk
5. Development standards (Building height) 27-728.15.12(f)(3) All buildings within
the Peachtree-Brookhaven Overlay District shall be a minimum of two (2) stories tall and
twenty-eight (28) feet in height.
Variance request: To eliminate the two-story requirement for the ATM kiosk
6. Ground sign 21-20(c) - No property zoned for non-residential use may have more than
one (1) ground sign that is oriented towards travelers along the same street.
Variance request: To allow a 19-foot tall ground sign for identification of the proposed
ATM kiosk
SITE PLAN AND SITE ANALYSIS
The subject property is a vacant gas station located at the southwest corner of Kendrick Road and
Peachtree Road. The applicant is proposing to demolish the existing building and redevelop the
site into a two-story building. The first level proposes 2,500 square feet for a financial institution
and 2,500 square feet for retail use. The second level is proposed to be occupied by 5,000 square
feet of office space. The subject property containing 0.617 acres is zoned C-1 (Local
Commercial District) and located in the Brookhaven-Peachtree Overlay District. The applicant
proposes to maintain the existing curb cut on Kendrick Road and relocate the existing curb cut
on Peachtree Road closer towards the southern property line. Based on the submitted site plan,
the site has approximately 136.91 feet of frontage along Peachtree Road and 169.46 feet of
frontage along Kendrick Road. The proposed building will observe zero lot lines from all
property lines and is proposed to be constructed predominantly of brick. A total of thirty-three
(33) parking spaces are proposed for the site.
In addition to the construction of the two-story commercial building, the applicant seeks to
construct a drive-up ATM kiosk in the rear of the site as an accessory to the financial institution.
The drive-up ATM will include as part of its design a 19-foot tall ground sign emblazoned with
the bank logo for identification purposes and an orange canopy. The overlay requires that all
buildings be at minimum two-stories and comply with the building material requirements;
however, the proposed ATM will not comply with both requirements.
Lastly, regarding the proposed ground sign as part of the ATM kiosk, the applicant has identified
a monument sign along Peachtree Road as shown on the submitted site plan. The ground sign
associated with the ATM appears to be oriented towards Peachtree Road and therefore, is
required to apply for this variance as two ground signs are proposed to be oriented toward
travelers along the same street.
CRITERIA TO BE USED BY THE BOARD
The applicant seeks variances to the development standards. Consideration of this request should
be made under the terms of the following criteria, found in the City Zoning Ordinance:
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No relief may be granted or action taken under the terms of this division unless such relief can be
granted without substantial detriment to the public good and without substantial impairment of
the intent and purpose of this chapter and the comprehensive plan text. The Zoning Board of
Appeals shall apply the following criteria to the types of applications specified below as follows:
(a) Variances from the provisions or requirements of this chapter shall be authorized only upon
making all of the following findings:
(1) By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by
reason of exceptional topographic conditions, which were not created by the owner or
applicant, the strict application of the requirements of this chapter would deprive the
property owner of rights and privileges enjoyed by other property owners in the same
zoning district;
Staff Comment:
There are no issues associated with the subject property relating to shape of the lot or
topography. However, strict application of the requirements of this chapter related to
loading space and relocation of the curb cut on Peachtree Road would deprive the
property owner of rights and privileges enjoyed by other property owners in the same
zoning district. Based on the submitted site plan, retail use would only occupy one-fourth
of the proposed building with the remaining portions of the building occupied by office
use or a bank. The subject property currently exists with a full access drive on Peachtree
Road and the applicant seeks to relocate the access point further away from the
intersection with Kendrick Road.
(2) The requested variance does not go beyond the minimum necessary to afford relief,
and does not constitute a grant of special privilege inconsistent with the limitations upon
other properties in the zoning district in which the subject property is located;
Staff Comment:
The requested variances related to the proposed drive-up ATM kiosk would go beyond
the minimum necessary to afford relief. Varying from Sections 27-728.15.7(a) and 27-
728.15.12(f)(3), and allowing for an ATM kiosk with a 19-foot tall sign to be located in
the rear of the property would grant a special privilege inconsistent with limitation upon
other properties, and further detract from the purpose and intent of the Brookhaven-
Peachtree Overlay District in promoting walkability and pedestrian access. An
alternative ATM location could be provided inside or along the exterior wall of the bank
for better access for pedestrians.
(3) The grant of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the zoning district in which the subject
property is located;
Staff Comment:
With the exception of variances related to the proposed drive-up ATM kiosk - Sections
27-728.15.7(a) and 27-728.15.12(f)(3), allowing an ATM kiosk as an accessory structure,
and a 19-foot tall ground sign for the purpose of identification of the ATM in the rear of
E.3.a
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the site; granting of the other two variances would not appear to be detrimental to the
public welfare or injurious to the property or improvements in the zoning district as these
variances would not stray overwhelmingly from the intent and vision of the overlay. It is
the opinion of staff, however, that the proposed curb cut on Peachtree Road be limited to
a right-in and right-out only access to minimize traffic impacts associated with the
intersection of Kendrick Road and Peachtree Road.
The proposed drive-up ATM kiosk may be additionally detrimental to the public welfare
as the subject property abuts residential uses to the west and may adversely impact the
existing residential use with the visibility of a 19-foot tall sign and with the increase in
vehicular traffic on the site with a 24-hour available ATM kiosk.
(4) The literal interpretation and strict application of the applicable provisions or
requirements of this chapter would cause undue and unnecessary hardship, not merely
impose a casual/discretionary inconvenience upon the applicant or his/her assigns; and
Staff Comment:
The literal interpretation and strict application of provisions to loading space (Section 27-
755(b)(2) and access (Section 27-728.15.12(d)(3)) could be considered as hardships since
the full vision and utility of the design would not be realized without granting of variances.
The variances related to the proposed drive-up ATM kiosk - Sections 27-728.15.7(a) and
27-728.15.12(f)(3), allowing an ATM kiosk as an accessory structure, and a 19-foot tall
ground sign for the purpose of identification of the ATM; however, do not appear to be
hardships. Allowing for a drive-up ATM would promote vehicular usage over pedestrian
accessibility. Furthermore, the design standards established for the Brookhaven-Peachtree
Overlay District would discourage the implementation of drive-up facilities and instead
promotes the design and arrangement of structures, buildings, streets, and open spaces to
create an inviting, walkable, mid-rise, human-scale environment.
(5) The requested variance would be consistent with the spirit and purpose of this chapter
and the DeKalb County Comprehensive Plan text.
Staff Comment:
With the exception of variances related to the drive-up ATM kiosk, the remaining
variances would be consistent with the intent and purpose of the Zoning Ordinance and
Comprehensive Plan.
STAFF RECOMMENDATIONS
1. Variance to loading space Section 27-755(b)(2)
Request: Eliminate requirement for a single loading space.
Recommendation: Approval
2. Variance to access/curb cut 27-728.15.12(d)(3)
Request: To allow a full access curb cut on Peachtree Road
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Recommendation: Approval for a right-in and right-out only curb cut
3. Variance to allow an ATM as an accessory structure 27-731(d)
Request: Allow for an accessory drive-up ATM kiosk.
Recommendation: Denial
4. Variance to architectural design requirements 27-728.15.7(a)
Request: To eliminate building materials requirement for the proposed ATM kiosk.
Recommendation: Denial
5. Variance to development standards (Building height) 27-728.15.12(f)(3)
Request: To eliminate the two-story requirement for the ATM kiosk.
Recommendation: Denial
6. Variance to Ground sign 21-20(c)
Request: To allow a 19-foot tall ground sign for identification of the proposed ATM
kiosk.
Recommendation: Denial
Staff suggests the following condition(s):
1. Development of the lot shall occur in accordance with the site plan submitted on April
17, 2014 to the Community Development Department.
2. Owner/developer shall provide an access easement on the subject property to allow for
future interparcel access with the adjacent parcel to the south.
3. The curb-cut on Peachtree Road shall be limited to a right-in and right-out drive only, and
the owner/developer must obtain a Driveway Permit from GDOT.
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Page 1
MEMORANDUM
MEETING OF: May 20, 2014
COMMITTEE: Zoning Board of Appeals
DEPARTMENT: Community Development
ISSUE/AGENDA ITEM TITLE:
ZBA14-21: David Bennett -Increase Lot Coverage from 35% to 50% to Build a Swimming Pool
and Associated Pool Deck - 1013 Pine Grove
BACKGROUND/SUMMARY:
Please see attached files.
FISCAL IMPACT: (Budgeted over or under)
STAFF RECOMMENDATION:
Please see attached files.
ATTACHMENTS:
ZBA 14-21 Staff memo (PDF)
ZBA14-21 Application (PDF)
ZBA14-21 Site Plan (PDF)
ZBA14-21 pic (PDF)
E.4
Packet Pg. 142
Case: ZBA14-21
Location: 1013 Pine Grove Avenue, Brookhaven, GA 30319
Tax Parcel # 18-200-04-030
Property Owner: Brad Lewis
Applicant: David Bennett
Request: Increase the lot coverage from 35% to 50%
DESCRIPTION
The applicant is requesting a variance to increase the lot coverage from 35% to 50% to allow the
development of a swimming pool.
SITE PLAN AND SITE ANALYSIS
The subject property is located at the west end of Pine Grove Avenue just south of its
intersection at Standard Drive NE. The property is zoned R-75 (Single-Family Residential
District) wherein the district requires a minimum of 10,000 square feet and 75 feet of street
frontage. Under the district requirements, the property is viewed as a legal non-conforming lot
of record as it totals 0.212 acres (9,125 square feet) and has 50 feet of street frontage. It should
be noted that many of the nearby lots are also legal non-conforming as they were originally
platted with 50 foot frontages. Currently the property contains a two-story brick home that was
constructed in 2004. As it exists today, the lot coverage stands at approximately 39%.
CRITERIA TO BE USED BY THE BOARD
The applicant seeks a variance to a development standard. Consideration of this request should
be made under the terms of the following criteria, found in the City Zoning Ordinance:
No relief may be granted or action taken under the terms of this division unless such relief can be
granted without substantial detriment to the public good and without substantial impairment of
the intent and purpose of this chapter and the comprehensive plan text. The Zoning Board of
Appeals shall apply the following criteria to the types of applications specified below as follows:
(a) Variances from the provisions or requirements of this chapter shall be authorized only upon
making all of the following findings:
(1) By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by
reason of exceptional topographic conditions, which were not created by the owner or
applicant, the strict application of the requirements of this chapter would deprive the
property owner of rights and privileges enjoyed by other property owners in the same
zoning district;
Staff Comment:
The lot appears to be narrow; however, the strict application of requirements concerning
lot coverage would not appear to deprive the property owner of rights and privileges
enjoyed by other property owners in the same zoning district as the proposed lot
coverage appears to be greater than other R-75 zoned lots in the neighborhood. As
noted, the coverage on the lot already exceeds the 35% lot coverage requirement at 39%.
E.4.a
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(2) The requested variance does not go beyond the minimum necessary to afford relief,
and does not constitute a grant of special privilege inconsistent with the limitations upon
other properties in the zoning district in which the subject property is located;
Staff Comment:
The requested variance does not appear to go beyond the minimum necessary to afford
relief but would appear to grant a special privilege inconsistent with lot coverage placed
upon other properties in the same district.
(3) The granting of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the zoning district in which the subject
property is located;
Staff Comment:
Due to the potential for greater storm water run-off, granting the requested variance may
be detrimental to the public welfare or injurious to the property and surrounding area.
Additionally, the pool may impact critical root zones of trees found on the neighboring
properties.
(4) The literal interpretation and strict application of the applicable provisions or
requirements of this chapter would cause undue and unnecessary hardship, not merely
impose a casual/discretionary inconvenience upon the applicant or his/her assigns; and
Staff Comment:
It appears that the literal interpretation and strict application of the requirements of the
chapter may merely impose an inconvenience to the applicant as they would be unable to
construct a pool in their back yard.
(5) The requested variance would be consistent with the spirit and purpose of this chapter
and the DeKalb County Comprehensive Plan text.
Staff Comment:
The requested variance has no impact on the terms of the Comprehensive Plan.
STAFF RECOMMENDATION
Staff recommends the Board vote to deny the application.
Should the Board vote in favor of the request to increase the lot coverage from 35% to 50% staff
recommends the following conditions:
1. Development of the subject property shall occur in accordance with the site plan
submitted on March 6, 2014 to the Community Development Department.
E.4.a
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2. Construction of new pool and deck shall include practice(s) that will capture 1.2 inches of
runoff from new impervious surfaces and that facilitates discharge through infiltration,
evaporation, and/or transpiration.
E.4.a
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Page 1
MEMORANDUM
MEETING OF: May 20, 2014
COMMITTEE: Zoning Board of Appeals
DEPARTMENT: Community Development
ISSUE/AGENDA ITEM TITLE:
ZBA14-22: Vance Dover -Reduce the Accessory Structure Setback from 10' to 7.5' and Increase
Lot Coverage from 35% to 47.3% to Build a Swimming Pool and Associated Pool Deck - 1175
Pinegrove Avenue
BACKGROUND/SUMMARY:
Please see the attached files.
FISCAL IMPACT: (Budgeted over or under)
STAFF RECOMMENDATION:
Please see the attached files.
ATTACHMENTS:
ZBA 14-22 Staff memo (PDF)
ZBA14-22 Application (PDF)
ZBA14-22 Site Plan (PDF)
E.5
Packet Pg. 157
Case: ZBA14-22
Location: 1175 Pine Grove Avenue, Brookhaven, GA 30319
Tax Parcel # 18-200-07-061
Property Owner: Martin and Kim Neary
Applicant: Vance Dover
Request: Increase the lot coverage from 35% to 47.3% and reduce the setback
of an accessory structure (pool) from 10 feet to 7.5 feet along both side
yards.
DESCRIPTION
The applicant is requesting the following variances to construct a swimming pool:
To increase the lot coverage from 35% to 47.3%
To reduce the setback of an accessory structure (pool) from 10 feet to 7.5 feet along both
side yards.
SITE PLAN AND SITE ANALYSIS
The subject property is an interior lot, located 120 feet east of its intersection with Matthews
Street. The property is zoned R-75 (Single-Family Residential District) wherein the district
requires a minimum of 10,000 square feet and 75 feet of street frontage. Under the district
requirements, the property is viewed as a legal non-conforming lot of record as it totals 0.21
acres (9,169 square feet) and has 48.45 feet of street frontage. It should be noted that many of the
nearby lots are also legal non-conforming as they were originally platted with 50 foot frontages.
Currently the property contains a two-story residence that was constructed in 2006. As it exists
today, the lot coverage stands at approximately 32.1%. With the construction of the pool and
decking, the total lot coverage will increase to 47.3%.
CRITERIA TO BE USED BY THE BOARD
The applicant seeks a variance to a development standard. Consideration of this request should
be made under the terms of the following criteria, found in the City Zoning Ordinance:
No relief may be granted or action taken under the terms of this division unless such relief can be
granted without substantial detriment to the public good and without substantial impairment of
the intent and purpose of this chapter and the comprehensive plan text. The Zoning Board of
Appeals shall apply the following criteria to the types of applications specified below as follows:
(a) Variances from the provisions or requirements of this chapter shall be authorized only upon
making all of the following findings:
(1) By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by
reason of exceptional topographic conditions, which were not created by the owner or
applicant, the strict application of the requirements of this chapter would deprive the
property owner of rights and privileges enjoyed by other property owners in the same
zoning district;
E.5.a
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Staff Comment:
The lot appears to be narrow; however, the strict application of requirements of this
chapter concerning lot coverage would not appear to deprive the property owner of
rights and privileges enjoyed by other property owners.
(2) The requested variance does not go beyond the minimum necessary to afford relief,
and does not constitute a grant of special privilege inconsistent with the limitations upon
other properties in the zoning district in which the subject property is located;
Staff Comment:
The requested variance to the accessory structure setback does not appear to go beyond
the minimum necessary to afford relief as the proposed setback of 7.5 feet would be
consistent with the applicable setback for the principle structure. Based upon the lot
coverage placed upon other properties in the same district, however, the requested
variance to the lot coverage would appear to go beyond the minimum necessary to afford
relief. As such, the request would appear to constitute a grant of a special privilege.
(3) The grant of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the zoning district in which the subject
property is located;
Staff Comment:
Due to the potential for greater storm water run-off, granting the requested variance may
be detrimental to the public welfare or injurious to the property and surrounding area.
(4) The literal interpretation and strict application of the applicable provisions or
requirements of this chapter would cause undue and unnecessary hardship, not merely
impose a casual/discretionary inconvenience upon the applicant or his/her assigns; and
Staff Comment:
It appears that the literal interpretation and strict application of the requirements of the
setback and lot coverage may merely impose an inconvenience upon the applicant as they
would be unable to construct a pool in their back yard.
(5) The requested variance would be consistent with the spirit and purpose of this chapter
and the DeKalb County Comprehensive Plan text.
Staff Comment:
The requested variance has no impact on the terms of the Comprehensive Plan.
STAFF RECOMMENDATION
Staff recommends the Board vote to deny the application.
E.5.a
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Should the Board vote in favor of the request to increase the lot coverage from 35% to 47.3%
and reduce the setback of an accessory structure (pool) from 10 feet to 7.5 feet along both side
yards staff recommends the following conditions:
1. Development of the subject property shall occur in accordance with the site plan
submitted on March 14, 2014 to the Community Development Department.
2. Construction of new pool and deck shall include practice(s) that will capture 1.2 inches of
runoff from new impervious surfaces and that facilitates discharge through infiltration,
evaporation, and/or transpiration.
E.5.a
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Page 1
MEMORANDUM
MEETING OF: May 20, 2014
COMMITTEE: Zoning Board of Appeals
DEPARTMENT: Community Development
ISSUE/AGENDA ITEM TITLE:
ZBA14-23: Adam Williamson - Reduce Average Front Yard Setback from 55.1' to 40' and
Reduce Side Yard Setback from 7.5' to 5.0' to Build a Single Family Home - 2481 Oostanaula
Drive
BACKGROUND/SUMMARY:
Please see the attached files.
FISCAL IMPACT: (Budgeted over or under)
STAFF RECOMMENDATION:
Please see the attached files.
ATTACHMENTS:
ZBA 14-23 Staff memo (PDF)
ZBA14-23 Application (PDF)
ZBA14-23 Site Plan (PDF)
E.6
Packet Pg. 173
Case: ZBA14-23
Location: 2481 Oostanaula Drive
Tax Parcel # 18-238-09 -08
Property Owner: Mark Puckett
Applicant: Adam Williamson
Request: To reduce the average front yard setback from 55.1 feet to 40 feet,
and reduce the side yard setback from 7.5 feet to 5.0 feet to build a
single-family home.
DESCRIPTION
The applicant is requesting two variances associated with this case as noted:
Reduce the average front yard setback from 55.1 feet to 40 feet; and
Reduce the side yard setback from 7.5 feet to 5.0 feet
SITE PLAN AND SITE ANALYSIS
The subject property is an interior lot located at the intersection of Etowah Drive and Oostanaula
Drive. The applicant proposes to construct a two-story single-family home with a basement and
front porch. The proposed dwelling size is approximately 2,900 square feet. The lot size is
0.222 acres or 9,675 square feet. The total proposed impervious area would be 35% based upon
the square footage provided in the submitted site plan.
CRITERIA TO BE USED BY THE BOARD
The applicant seeks a variance to a development standard. Consideration of this request should
be made under the terms of the following criteria, found in the City Zoning Ordinance:
No relief may be granted or action taken under the terms of this division unless such relief can be
granted without substantial detriment to the public good and without substantial impairment of
the intent and purpose of this chapter and the comprehensive plan text. The Zoning Board of
Appeals shall apply the following criteria to the types of applications specified below as follows:
(a) Variances from the provisions or requirements of this chapter shall be authorized only upon
making all of the following findings:
(1) By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by
reason of exceptional topographic conditions, which were not created by the owner or
applicant, the strict application of the requirements of this chapter would deprive the
property owner of rights and privileges enjoyed by other property owners in the same
zoning district;
Staff Comment:
The legal non-conforming lot appears to be narrow in shape. Given the character of the
area, the strict application of the average front yard setback on this property could
E.6.a
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deprive the property owner of rights and privileges enjoyed by other property owners in
the same zoning district.
It appears that the narrowness of the lot does not adversely impact the applicants
request to reduce the side yard setback as the applicant would have the ability to shift the
proposed residential structure to the south and meet the required side yard setback. The
strict application of the side yard setback would not deprive the property owner of rights
and privileges enjoyed by other property owners in the same zoning district.
(2) The requested variance does not go beyond the minimum necessary to afford relief,
and does not constitute a grant of special privilege inconsistent with the limitations upon
other properties in the zoning district in which the subject property is located;
Staff Comment:
The requested variance to reduce the average front yard setback does not go beyond the
minimum necessary to afford relief and would not constitute a grant of special privilege
as the proposed residence will be constructed within the general area of the existing
home and maintain the same front yard setback.
The requested variance to reduce the side yard setback appears to go beyond the
minimum necessary to afford relief to the applicant. There appears to be ample room on
the southern side of the property to expand the single-family home and allow a driveway
in compliance with the required side yard setback.
(3) The grant of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the zoning district in which the subject
property is located;
Staff Comment:
The front yard setback as requested for the new residence will be the same as the existing
home and granting of the variances will not be materially detrimental to the public
welfare or injurious to the property or improvements in the zoning district in which the
subject property is located. However, allowing for the reduction in the side yard setback
would locate the proposed residence closer to the adjacent property to the north and may
adversely impact the neighbor that currently occupies a single-story dwelling.
(4) The literal interpretation and strict application of the applicable provisions or
requirements of this chapter would cause undue and unnecessary hardship, not merely
impose a casual/discretionary inconvenience upon the applicant or his/her assigns; and
Staff Comment:
The literal interpretation and strict application to reduce the average front yard set
setback may cause undue and unnecessary hardship to the applicant. Requiring the
average setback would set the proposed home further back than the current location of
the home and may adversely impact existing vegetation in the rear yard.
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The literal interpretation and strict application to reduce the side yard setback may not
cause undue and unnecessary hardship. The applicant could expand the home on the
southern side of the property and comply with the minimum side setback requirement.
(5) The requested variance would be consistent with the spirit and purpose of this chapter
and the DeKalb County Comprehensive Plan text.
Staff Comment:
The requested variances have no impact on the terms of the Comprehensive Plan.
STAFF RECOMMENDATION
Staff recommends the Board vote in favor of the variance request to reduce the average front
yard setback from 55.1 feet to 40.0 feet.
Staff recommends the Board vote to deny the variance request to reduce the side yard setback
from 7.5 feet to 5.0 feet.
The following condition is recommended:
1. The development of the lot shall occur in accordance with the site plan submitted on
March 17, 2014 to Community Development Department.
E.6.a
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Page 1
MEMORANDUM
MEETING OF: May 20, 2014
COMMITTEE: Zoning Board of Appeals
DEPARTMENT: Community Development
ISSUE/AGENDA ITEM TITLE:
ZBA14-24: Michael Field - Reduce the Front Yard Setback Along Sunland Drive from 30' to 9.5
Feet, Reduce the Side Yard Setback from 7.5' to 4.0' and Increase Lot Coverage from 35% to
43% - 2599 Apple Valley Road
BACKGROUND/SUMMARY:
Please see the attached files.
FISCAL IMPACT: (Budgeted over or under)
STAFF RECOMMENDATION:
Please see the attached files.
ATTACHMENTS:
ZBA 14-24 Staff memo (PDF)
ZBA14-24 Application (2) (PDF)
ZBA14-24 Site Plan (PDF)
Neighborhood letters (PDF)
Elliot-OConnor letter (PDF)
E.7
Packet Pg. 187
Case: ZBA14-24
Location: 2599 Apple Valley Road, Brookhaven, GA 30319
Tax Parcel # 18-241-08-034
Property Owner: Ashford Park Group, LLC
Applicant: Michael Field
Request: Increase lot coverage from 35% to 43%, reduce the front yard
setback along Sunland Drive from 30 feet to 9.5 feet, and reduce the
side yard setback from 7.5 feet to 4 feet.
DESCRIPTION
The applicant is requesting three variances associated with this case as noted:
Increase the lot coverage from 35% to 43%.
Reduce the front yard setback along Sunland Drive from 30 feet to 9.5 feet.
Reduce the side yard setback from 7.5 feet to 4 feet.
SITE PLAN AND SITE ANALYSIS
The subject property is an infill lot, located at the corner of Apple Valley Road and Sunland
Drive. The property is zoned R-75 (Single Family Residential District) wherein the district
requires a minimum of 10,000 square feet in lot size and 75 feet of street frontage. Under the
district requirements, the property (as platted) is a legal non-conforming lot of record as it totals
0.148 acres (6,450 square feet) and has 45.64 feet of street frontage along Apple Valley Road.
However, staff would note that only a select few of existing lots in the area conform to the R-75
zoning district standards for frontage and lot size, as typical lots are 50 feet by 150 feet or
approximately 7,500 square feet in size. The subject property is adjacent to R-75 lots to the
north, south and east. The Department would note that the subject site is located within sub-area
2 of the Brookhaven-Peachtree Overlay District.
CRITERIA TO BE USED BY THE BOARD
The applicant seeks variances to the development standards. Consideration of this request should
be made under the terms of the following criteria, found in the City Zoning Ordinance:
No relief may be granted or action taken under the terms of this division unless such relief can be
granted without substantial detriment to the public good and without substantial impairment of
the intent and purpose of this chapter and the comprehensive plan text. The Zoning Board of
Appeals shall apply the following criteria to the types of applications specified below as follows:
(a) Variances from the provisions or requirements of this chapter shall be authorized only upon
making all of the following findings:
(1) By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by
reason of exceptional topographic conditions, which were not created by the owner or
applicant, the strict application of the requirements of this chapter would deprive the
property owner of rights and privileges enjoyed by other property owners in the same
zoning district;
E.7.a
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Staff Comment:
The strict application of the 35 percent lot coverage requirement may appear to deprive
the property owner of constructing a home of similar size and form with existing homes
along Apple Valley Road. Lots within the area exhibit narrow shaped lots with lot
frontages of 50 feet. However, increasing lot coverage to 43% would not be appropriate
as alternative design for a smaller or pervious driveway could be constructed. Staff
would note that the applicant met before the Zoning Board of Appeals in February
concerning the lot coverage on the adjoining property to the north, located at 2603 Apple
Valley. The Board granted approval to increase the lot coverage from 35% to 37%,
taking into consideration the relative size of the subject property in comparison with
larger lots, averaging 7,100 square feet, fronting on Apple Valley Road. The same
rational would apply to this request. Therefore, an increase to 37% lot coverage may be
appropriate to construct a residence on the subject property.
As evidenced by the submitted site plan, due to the narrowness and size of the lot, the
strict application of two front yard setbacks and interior side yard would deprive the
property owner of rights and privileges enjoyed by adjacent property owners. It should
be noted that the requested reduction of the setback along Sunland Drive from 30 feet to
9.5 feet appears to be consistent to other corner lots in the neighborhood.
(2) The requested variance does not go beyond the minimum necessary to afford relief,
and does not constitute a grant of special privilege inconsistent with the limitations upon
other properties in the zoning district in which the subject property is located;
Staff Comment:
The requested variances to the setbacks appear to be the minimum necessary to afford
relief to build a 30 foot wide home on the lot. The request does not appear to be a
special privilege, as a similar request for reduction to a street side yard setback was
approved in 2007 by DeKalb County (A-07-13279) for 2635 Apple Valley Road (a corner
lot), allowing for the reduction in setback along Oaklawn Avenue from 30 feet to 7.5 feet.
The staff would note that the approval was granted on the basis that the requested
setback reduction was consistent with the interior side yard setback required by the R-75
zoning district and exhibited by adjacent properties.
The request for lot coverage would appear to grant a special privilege that is inconsistent
with the limitations imposed on the neighboring lots. For the applicant to have the ability
to construct a residential dwelling that would be of similar size and form with
neighboring properties, it appears that the minimum needed would be 37% lot coverage,
due to the relevant size of the subject property.
(3) The grant of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the zoning district in which the subject
property is located;
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Staff Comment:
The request to reduce the setbacks is the minimum necessary to build a home similar in
width as other homes in the neighborhood. Therefore, the grant of the variance would not
appear to be materially detrimental to the public welfare or injurious to the property or
improvements in the zoning district. However, due to the potential for greater storm water
run-off, granting the requested variance for lot coverage as requested may be detrimental
to the public welfare or harmful to the property and surrounding are; therefore, a increase
of lot coverage limited to 37% may be warranted.
(4) The literal interpretation and strict application of the applicable provisions or
requirements of this chapter would cause undue and unnecessary hardship, not merely
impose a casual/discretionary inconvenience upon the applicant or his/her assigns; and
Staff Comment:
The strict application of the requirement concerning the 35% lot coverage requirement
may cause undue and unnecessary hardship since it would prevent the applicant from
constructing a home similar in size to nearby lots. As noted, in lieu of the request for 43%
lot coverage, 37% appears to be sufficient to construct a residential dwelling that would
be of similar size and form with neighboring properties, as the applicant could reduce the
length of the home or provide an alternative design for the driveway.
In reviewing the submitted site plan, the limitation imposed by the setbacks would not
allow for construction of a residence that is similar in size and form with neighboring
properties if the required front and side yard setbacks were strictly enforced, limiting the
property to a building envelope of 8 feet by 92 feet. Therefore, it appears that the literal
interpretation and strict application concerning the setback requirements would cause
undue hardship.
(5) The requested variance would be consistent with the spirit and purpose of this chapter
and the DeKalb County Comprehensive Plan text.
Staff Comment:
The requested variance has no impact on the terms of the Comprehensive Plan.
STAFF RECOMMENDATION
Staff recommends the Board vote to deny the increase of the lot coverage from 35% to 43% and
substitute in lieu thereof recommend 37% lot coverage.
Staff recommends the Board vote in favor of the reduction of the front yard setback along
Sunland Drive from 30 feet to 9.5 feet and to reduce the interior side yard setback from 7.5 feet
to 4 feet.
The following conditions are recommended:
1. Development of the lot shall occur in accordance with the site plan submitted on March
20, 2014 to the Community Development Department.
E.7.a
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2. Development on lot shall include practice(s) that will capture 1.2 inches of runoff from
rooftops and that facilitate discharge through infiltration, evaporation, and/or
transpiration.
E.7.a
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Page 1
MEMORANDUM
MEETING OF: May 20, 2014
COMMITTEE: Zoning Board of Appeals
DEPARTMENT: Community Development
ISSUE/AGENDA ITEM TITLE:
ZBA14-25: Carrera Homes - Increase Lot Coverage from 35% to 36.9% to Build a Swimming
Pool - 2727 North Thompson Road
BACKGROUND/SUMMARY:
Please see the attached files.
FISCAL IMPACT: (Budgeted over or under)
STAFF RECOMMENDATION:
Please see the attached files.
ATTACHMENTS:
ZBA 14-25 Staff memo (PDF)
ZBA14-25 Site Plan (PDF)
ZBA14-25 Application (PDF)
E.8
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Case: ZBA14-25
Location: 2727 North Thompson Road
Tax Parcel # 18-242-08-06
Property Owner: Cindy and Gary Heusel
Applicant: Carrera Homes
Request: Increase lot coverage from 35% to 36.9% to build a swimming pool
DESCRIPTION
The applicant is requesting a variance to increase lot coverage from 35% to 36.9% to construct a
swimming pool.
SITE PLAN AND SITE ANALYSIS
The subject property is an interior lot, located 330 feet east of its intersection with Valvedere
Drive. The property is zoned R-75 (Single-Family Residential District) wherein the district
requires a minimum of 10,000 square feet and 75 feet of street frontage. The applicant proposes
to construct a pool with spa surrounded by sod. The proposed pool and coping, and pool
equipment will total 328 square feet. The total impervious area with the addition of the pool is
proposed to be 36.9%. According to the site plan, no grading will take place for installation and
construction of the swimming pool, as the proposed area of construction has previously been
graded and disturbed in conjunction with the construction of the residential dwelling.
CRITERIA TO BE USED BY THE BOARD
The applicant seeks a variance to a development standard. Consideration of this request should
be made under the terms of the following criteria, found in the City Zoning Ordinance:
No relief may be granted or action taken under the terms of this division unless such relief can be
granted without substantial detriment to the public good and without substantial impairment of
the intent and purpose of this chapter and the comprehensive plan text. The Zoning Board of
Appeals shall apply the following criteria to the types of applications specified below as follows:
(a) Variances from the provisions or requirements of this chapter shall be authorized only upon
making all of the following findings:
(1) By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by
reason of exceptional topographic conditions, which were not created by the owner or
applicant, the strict application of the requirements of this chapter would deprive the
property owner of rights and privileges enjoyed by other property owners in the same
zoning district;
Staff Comment:
The lot does not appear to be narrow or shallow in shape or size. The subject property
does not present exceptional topographic conditions which were not created by the owner
or applicant. The request to increase the maximum lot coverage is based upon
conditions created by the applicant. The strict application of the requirements of this
E.8.c
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chapter would not deprive the property owner of rights and privileges enjoyed by other
property owners in the same zoning district.
(2) The requested variance does not go beyond the minimum necessary to afford relief,
and does not constitute a grant of special privilege inconsistent with the limitations upon
other properties in the zoning district in which the subject property is located;
Staff Comment:
The requested variance appears to go beyond the minimum necessary to afford relief.
According to the site plan, the proposed location of the swimming pool does not
adequately illustrate compliance with required setbacks for accessory structures of ten
(10) feet from all property lines. The variance request constitutes a grant of special
privilege inconsistent with the limitation upon other properties in the zoning district in
which the subject property is located, as the site plan would show that alternative design
methods were incorporated to reduce impervious cover to allow for a larger building
footprint, patio area, and detached garage.
(3) The grant of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the zoning district in which the subject
property is located;
Staff Comment:
Due to the potential for increase in storm water run-off, granting the requested variance
may be detrimental to the public welfare or injurious to the property and surrounding area.
Additionally, the proposed pool location is in violation of the required setback for an
accessory structure. If this request was to be approved by the Zoning Board of Appeals,
the applicant will be required to redesign the pool layout in compliance with the required
setback for an accessory structure.
(4) The literal interpretation and strict application of the applicable provisions or
requirements of this chapter would cause undue and unnecessary hardship, not merely
impose a casual/discretionary inconvenience upon the applicant or his/her assigns; and
Staff Comment:
According to the applicants letter of intent, the design for the garage, landscape design
and house were based upon the pool location. The lot identifies physical conditions
created by the applicant. It appears that the literal interpretation and strict application
of the requirements of the maximum lot coverage would not cause undue and
unnecessary hardship to the applicant.
(5) The requested variance would be consistent with the spirit and purpose of this chapter
and the DeKalb County Comprehensive Plan text.
Staff Comment:
The requested variance has no impact on the terms of the Comprehensive Plan.
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STAFF RECOMMENDATION
Staff recommends the Board vote to deny the application.
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Page 1
MEMORANDUM
MEETING OF: May 20, 2014
COMMITTEE: Zoning Board of Appeals
DEPARTMENT: Community Development
ISSUE/AGENDA ITEM TITLE:
ZBA14-26: JW Homes, LLC - to Allow a Curb Cut on Peachtree Road for Access to a Proposed
Townhome Development - 3804 & 3770 Peachtree Road
BACKGROUND/SUMMARY:
Please see the attached files.
FISCAL IMPACT: (Budgeted over or under)
STAFF RECOMMENDATION:
ATTACHMENTS:
ZBA 14-26 Staff memo (PDF)
ZBA14-26 Application (PDF)
ZBA14-26 Site Plan (PDF)
Neighborhood letter (PDF)
E.9
Packet Pg. 276
Case: ZBA14-26
Location: 3770 Peachtree Road, Brookhaven, GA 30319
Tax Parcel # 18-239-02-001 and 18-239-02-002
Property Owner: 3804 Peachtree Road, LLC c/o Susan Tomlinson
Applicant: JW Homes, LLC
Request: Variance to section 27-728.15.12(d)(3) to allow a curb cut on
Peachtree Road.
DESCRIPTION
The applicant is requesting a variance to allow a curb cut on Peachtree Road.
SITE PLAN AND SITE ANALYSIS
The site is located at the northwest corner of the intersection of Peachtree Road and Bellaire
Drive, adjacent to the citys western border with the City of Atlanta. The subject property is an
assemblage of two RM-75 (Multi-Family District) zoned lots and is located within sub-area 1 of
the Brookhaven-Peachtree Overlay District (BPOD). Based on the submitted site plan, the
subject property has approximately 378 feet of frontage along Peachtree Road and 270.57 feet of
frontage along Bellaire Drive and totals 2.28 acres. Under the requirements of BPOD, the
applicant plans to construct a 24 townhome development. Currently, the site contains three (3)
two-story apartment buildings, a two-story house, and two accessory garage units.The applicant
seeks to demolish the complex and combine the lots into a single parcel of land to construct the
proposed townhomes.
Currently, the site is accessed by one curb cut on Bellaire Drive and the other off Peachtree Road.
Although the requirements of BPOD restrict curb cuts along Peachtree Road if the property is
accessible by another street, the applicant has requested a curb cut be allowed. Based on the
submitted site plans, the existing curb cut on Peachtree Road will be relocated away from the
intersection closer to the west property line and the curb cut on Bellaire Drive will be removed. In
absence of the Bellaire Drive curb cut, the applicant has proposed a full access entrance on
Peachtree Road. Due to the proximity of the site to Club Drive, which contains a signal, the
proposed drive on Peachtree Road would be an unsignalized driveway. The Department would
note that the applicant must obtain approval from the Georgia Department of Transportation to
locate a curb cut on Peachtree Road, as it is a state route.
CRITERIA TO BE USED BY THE BOARD
The applicant seeks variances to the development standards. Consideration of this request should
be made under the terms of the following criteria, found in the City Zoning Ordinance:
No relief may be granted or action taken under the terms of this division unless such relief can be
granted without substantial detriment to the public good and without substantial impairment of
the intent and purpose of this chapter and the comprehensive plan text. The Zoning Board of
Appeals shall apply the following criteria to the types of applications specified below as follows:
(a) Variances from the provisions or requirements of this chapter shall be authorized only upon
making all of the following findings:
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(1) By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by
reason of exceptional topographic conditions, which were not created by the owner or
applicant, the strict application of the requirements of this chapter would deprive the
property owner of rights and privileges enjoyed by other property owners in the same
zoning district;
Staff Comment:
The subject property takes on a trapezoidal shape; however, the shape and size of the lot
would not appear to deprive or limit the owners ability to develop the property.
(2) The requested variance does not go beyond the minimum necessary to afford relief,
and does not constitute a grant of special privilege inconsistent with the limitations upon
other properties in the zoning district in which the subject property is located;
Staff Comment:
The request for the curb cut along Peachtree Road appears to be the minimum to afford
relief. A curb cut on Peachtree Road is existing, and the proposal would seek to relocate
the access point but will still be limited to one curb cut. Therefore, granting of this
variance would not appear to be a special privilege.
(3) The grant of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the zoning district in which the subject
property is located;
Staff Comment:
Granting of this variance with a condition to allow access off Peachtree Road with a
right-in/right-out curb cut and access to Club Drive from the subject property will
improve circulation of traffic internal to the site and potentially reduce the usage of local
roads to access the subject property.
(4) The literal interpretation and strict application of the applicable provisions or
requirements of this chapter would cause undue and unnecessary hardship, not merely
impose a casual/discretionary inconvenience upon the applicant or his/her assigns; and
Staff Comment:
The strict application of the provisions may cause a hardship upon the applicant and in
larger part to the existing residence as use of the local roads may be increased by the
proposed development. Limiting the curb cut to right-in/right-out only with the provision
by the applicant to provide internal access onto Club Drive will further limit the traffic
associated with the proposed development to be concentrated on the subject property and
not burden interior local roads.
(5) The requested variance would be consistent with the spirit and purpose of this chapter
and the DeKalb County Comprehensive Plan text.
Staff Comment:
A request for a curb cut facing Peachtree Road would be consistent with the
Comprehensive Plan.
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STAFF RECOMMENDATIONS
Staff recommends that the Board vote in favor of this request with the following conditions:
1. Development of the lot shall occur in accordance with the site plan submitted on March
20, 2014, to the Community Development. A revised site plan to include conditions 2
and 3 shall be submitted at time of Land Disturbance Permit.
2. The curb cut on Peachtree Road shall be limited to a right-in and right-out drive only,
and the owner/developer must obtain a driveway permit from GDOT.
3. The owner/developer shall provide interparcel access to the adjacent tract to the west
(located in the City of Atlanta) and full access onto Club Drive.
4. Owner/developer shall submit a combination plat for approval by the Community
Development Department prior to issuance of any building permit related to the
development.
E.9.a
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Page 1
MEMORANDUM
MEETING OF: May 20, 2014
COMMITTEE: Zoning Board of Appeals
DEPARTMENT: Community Development
ISSUE/AGENDA ITEM TITLE:
ZBA14-27: Gaddy Surveying & Design Inc. - to Reduce the Average Front Yard Setback from
144.45 to 85 to Construct a New Single Family Home - 3188 Saybrook Drive
BACKGROUND/SUMMARY:
Please see the attached files.
FISCAL IMPACT: (Budgeted over or under)
STAFF RECOMMENDATION:
Please see the attached files.
ATTACHMENTS:
ZBA 14-27 Staff memo (PDF)
ZBA14-27 Revised Application (PDF)
E.10
Packet Pg. 299
Case: ZBA14-27
Location: 3188 Saybrook Drive, Brookhaven, GA 30319
Tax Parcel # 18-276-18-010
Property Owner: Harold V. Shumacher and Nancy E. Nolan
Applicant: Frank Gaddy Gaddy Surveying and Design, Inc.
Request: Reduce the average front yard setback from 144.45 feet to 85 feet.
DESCRIPTION
The applicant is requesting to reduce the average front yard setback from 144.45 feet to 85 feet.
SITE PLAN AND SITE ANALYSIS
The subject property is an interior lot, located approximately 800 feet north of its intersection
with Windsor Parkway. The property is zoned R-100 (Single-Family Residential District)
wherein the district requires a minimum of 15,000 square feet and 100 feet of street frontage.
Under the district requirements, the property is viewed as a legal conforming lot of record as it
totals 0.78 acres (33,956 square feet) and has 100.28 feet of street frontage. Currently the
property contains a one-story single-family residence that was constructed in 1957. The
applicant is proposing to demolish the existing house in order to build a new single-family home.
Staff would note that the proposed residence will be set back 96.6 feet from the front property
line; however, the applicant has requested a setback variance of 85 feet to include the proposed
front entry staircase.
CRITERIA TO BE USED BY THE BOARD
The applicant seeks a variance to a development standard. Consideration of this request should
be made under the terms of the following criteria, found in the City Zoning Ordinance:
No relief may be granted or action taken under the terms of this division unless such relief can be
granted without substantial detriment to the public good and without substantial impairment of
the intent and purpose of this chapter and the comprehensive plan text. The Zoning Board of
Appeals shall apply the following criteria to the types of applications specified below as follows:
(a) Variances from the provisions or requirements of this chapter shall be authorized only upon
making all of the following findings:
(1) By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by
reason of exceptional topographic conditions, which were not created by the owner or
applicant, the strict application of the requirements of this chapter would deprive the
property owner of rights and privileges enjoyed by other property owners in the same
zoning district;
Staff Comment:
The subject property does not exhibit issues related to exceptional narrowness,
shallowness, or shape. However, the site displays challenging topographic conditions
not created by the owner or applicant.
E.10.a
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Based on the site plan, the neighboring property to the north (3200 Saybrook Drive) is
located 189.6 feet from the right-of-way and the property to the south (3180 Saybrook
Drive) is located 99.3 feet from the right-of-way. By applying setback averaging, the
subject property would be required to be setback 144.5 feet from the right-of-way.
Considering that the proposed residence not including the staircase will be set back
further from the right-of-way that the current home, the strict application of the
requirements of this chapter related to front yard setback averaging would appear to
deprive the property owner of similar privileges enjoyed by nearby properties.
(2) The requested variance does not go beyond the minimum necessary to afford relief,
and does not constitute a grant of special privilege inconsistent with the limitations upon
other properties in the zoning district in which the subject property is located;
Staff Comment:
The requested variance appears to be the minimum necessary to afford relief and would
not constitute a grant of special privilege, as the new residence will be constructed within
the general area of the existing home.
(3) The grant of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the zoning district in which the subject
property is located;
Staff Comment:
The setback as requested for the new residence will be similar to the existing home, and
granting of this variance will not be materially detrimental to the public welfare.
(4) The literal interpretation and strict application of the applicable provisions or
requirements of this chapter would cause undue and unnecessary hardship, not merely
impose a casual/discretionary inconvenience upon the applicant or his/her assigns; and
Staff Comment:
As noted, an average setback of 144.5 feet from the right-of-way would be required under
the literal and strict application of the zoning requirements. Requiring the average
setback would push the home back from its original location approximately 56 additional
feet towards the rear property line. Such placement would appear to result in
unnecessary hardship as seven (7) hardwood trees would be impacted. Additionally, due
to the effect of the stream impacting the property adjacent to the north (3200 Saybrook
Drive), it creates an unnecessary hardship on the subject property by requiring an
average setback that is inconsistent with the existing setback of homes fronting on
Saybrook Drive.
(5) The requested variance would be consistent with the spirit and purpose of this chapter
and the DeKalb County Comprehensive Plan text.
Staff Comment:
The requested variance has no impact on the terms of the Comprehensive Plan.
E.10.a
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STAFF RECOMMENDATION
Staff recommends the Board vote in favor of the requested variance with the following
condition:
1. Development of the lot shall occur in accordance with the site plan submitted April 21,
2014 to the Community Development Department.
E.10.a
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