DATE: January 4, 2018 (Deferredfrom December 7, 2017)
The applicant seeks a variance to increase the average height of an accessory structure from 20 feet to 27.25 feet and to allow an accessory structure to exceed 30% of the floor area of the main structure to 50% for the construction of a garage. Applicant seeks no other variances at this time.
FINDINGS OF FACT:
Property Location: The subject property fronts 129 feet on the west side of Boulevard and begins 130 feet from the southwest intersection of Boulevard and Rosalia Street. The property is located in Land Lot 44 of the 14th District, Fulton County, Georgia within the Grant Park neighborhood of NPU-W, Council District 1.
Relevant Zoning Requirements:
The subject property is zoned R-5/HC-20K SAI (Two-Family Residential/Grant Park Historic District, Subarea l).
Minimum lot dimensions: Frontage: 50 feet; Minimum lot area: 7,500 square feet.
Minimum yard setbacks: Front yard: 30 feet; Side yards: 7 feet; Rear yard: 7 feet.
Section 16-28.004(3): Accessory buildings in R-l through R-5 districts shall not exceed 20 feet in height, shall not cover more than 25 percent of the area of the rear yard, shall not contain a total floor area greater than 30 percent of the main structure.
Section 16-07.008 (a): For a single-family detached dwelling on a lot which meets the minimum lot area requirement described in section 16-07.007(2): The maximum floor area ratio including accessory dwelling units shall not exceed 0.50 of the net lot area.
Property Characteristics: The lot of approximately 28,533 square feet has an irregular shape with approximately 128 feet of frontage along Boulevard. There is vehicular access located to the northeast of the residential structure on the property. The property is currently developed with a single-family residential structure. The lot topography varies across the property. The property is well vegetated with several matures trees and shrubs throughout the property.
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January 4, 2018 Page 2 of 3
Characteristics of Adioining Properties. Neighborhood: The lots in the surrounding area vary in size and shape. Parcels nearby are developed with single-family detached residential structures with the R-5/HC-2()K SAI (Two-Family Residential/Grant Park Historic District, Subarea l ) zoning to the north, east, and west, and developed with multifamily structures with the RG-2/HC20K SAI (Residential General, Sector 2/Grant Park Historic District, Subarea l ) to the south.
PROPOSAL: The applicant is requesting variances to increase the average height of an accessory structure from 20 fuet to 27.25 feet and to allow an accessory structure to exceed 30% of the floor area of the main structure to 50% for the construction of a 2, 102 square feet garage and carriage house.
CONCLUSIONS: The following conclusions pertinent to this request for a variance from the zoning regulations are in accordance with Section 16-26.003 of the City of Atlanta Zoning Code.
- There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography. The lot area and width exceeds the minimum requirements for the R-5 zoning. The lot topography changes grade by approximately 6 feet across the property. However, topography does not have an impact on the proposed addition. Therefore, Staff finds that there are no extraordinary and exceptional conditions pertaining to this property.
- The application of the Zoning Ordinance of the City of Atlanta to this particular piece of property would create an unnecessary hardship. Application of the zoning regulations would not cause an unnecessary hardship. The proposed two-story detached garage and carriage house will exceed the 20-foot height allowance for an accessory structure by approximately 7 feet, 4 inches due to the height of the pitched roof. Although, the subject lot does possess changes in the topographic conditions, the changes in grade does not impact the height of the proposed structure. The increase in height of the accessory structure will be quite noticeable from the street and from adjoining properties. Furthermore, Staff believes that the two-story structure could be constructed with a lower pitch roof or a flat roof with a parapet without exceeding the 20-fooL height allowance.
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January 4, 2018 Page 3 of 3
- Such conditions are peculiar to the particular piece of property involved. Several of the adjacent lots with the same zoning have similar conditions pertaining to the lot topography. As a result, the unique hardship identified on the subject property does not qualify as peculiar.
- Relief. if granted. would not cause substantial detriment to the public good or impair the purposes and intent of the Zoning Ordinance of the City of Atlanta. The proposal would impose upon the adequate light and/or air on the adjacent properties. Furthermore, the granting of the requested variances on a lot that exceeds the minimum requirements for the R-5 zoning does not support the intent of the zoning ordinance. Staff finds the increase in height and exceeding the maximum allowance of 30% for an accessory structure neither compelling nor substantive to allow the applicant the ability to carry out the proposed improvements to the subject property. Therefore, Staff finds the request to allow the construction of the proposed accessory garage and carriage house to be unreasonable.
DECEMBER 7TH, 2017
STAFF RECOMMENDATION: DEFERRAL
NPU RECOMMENDATION: APPROVAL
BZA DECISION: DEFERRAL UNTIL JAN. 4TH, 2018
JANUARY 4TH, 2018
STAFF RECOMMENDATION: DENIAL
NPU RECOMMENDATION: APPROVAL
BZA DECISION: DENIAL