DATE: February 08, 2018
The applicant seeks a variance to reduce the front yard setback from 30 feet to 15 feet for the construction of a single-family dwelling. Applicant seeks no other variances at this time.
The applicant has requested a deferral in order to work with the NPU on this application. Staff is supportive of this request.
RECOMMENDATION: DEFERRAL TO THE NEXT AVAILABLE AGENDA
DATE: March 1, 2018
The applicant seeks a variance to reduce the front yard setback from 30 feet to 15 feet for the construction of a single-family dwelling. Applicant seeks no other variances at this time.
FINDINGS OF FACT:
Property Location: The subject property fronts 50 feet on the west side of Hill Street and begins approximately 530 feet from the southwest intersection of Hill Street and Atlanta Avenue. The property is located in Land Lot 54 of the 14111 District, Fulton County, Georgia within the Peoplestown neighborhood of NPU-V, Council District 1.
Relevant Zoning Requirements:
The subject property is zoned R-5-C BL (Two-Family Residential Conditional/ Beltline Overlay).
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; Halfdepth yard: 15 feet.
Property Characteristics: The subject property is a rectangular shaped lot with an area of approximately 9,254 square feet with 50 feet of frontage along Hill Street. The parcel is currently undeveloped with only what appears to be a 6-foot wooden privacy fence/wall along the northern side yard property line. The site currently does not have off-street parking. The topography of the property is relatively level. The property is vegetated with two mature trees in the half-depth yard.
Characteristics of Adioining Properties. Neighborhood: Parcels in the area are developed with varying uses and structures. The parcel to the west of the subject property and adjacent to its rear boundary line is zoned RG-3-C (Residential General Sector 3) and contains a multi-family development. Adjacent parcels along the west side of Hill Street are zoned R-5-C (Two-Family Residential Conditional) while parcels along the east side are zoned R-5 (Two-Family Residential). Both contain structures that are similar in shape and size to the applicant's property.
for 945 1-lili street, S.E.
March 1, 2018 Page 2 of 2
PROPOSAL: The applicant seeks a variance to reduce the front yard setback from 30 feet to 15
feet for a new single-family dwelling. The proposed development will include a new two-story single-family structure with a covered front porch and deck. Staff is aware of three (3) city owned sewer lines that traverse the property. If thc variance request is permitted the applicant must comply with all City codes with respect to building encroachment onto city sewer lines with the Office of Site Development before a building permit could be granted.
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.
a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its s iz e, shape. or topography. The property contains adequate frontage, area, and conforming shape for R-4 zoned parcels. However, the topography of the lot due to the existing sewer lines may present a challenge with additions on the lot. Therefore, staff finds lot topography as the extraordinary and exceptional condition pertaining to this property.
b, The application of the Zoning Ordinance of the City of Atlanta to this particular piece of property would create an unnecessary hardship. Applying the current zoning regulations to this particular property would causc hardship by preventing the construction of a reasonable sized house conforming lot. The sewer lines that runs beneath the lot prohibits the amount of buildable area for the proposed structure. If enforced, this would limit the buildable are to the rear of the subject lot. That location would conflict with the current alignment of residential structures and block-face found along Hill Street. County records show that a previous residential structure was located on the lot, built 1935. Therefore, Staff is of the opinion that the proposal is reasonable.
FEBRUARY 8TH, 2018
STAFF RECOMMENDATION: DEFERRAL TO MARCH 1, 2018
NPU RECOMMENDATION: NO ACTION TAKEN
BZA DECISION: DEFERRAL MARCH 1, 2018
MARCH 1, 2018
STAFF RECOMMENDATION: APPROVAL
NPU RECOMMENDATION: APPROVAL
BZA DECISION: APPROVAL
The applicant seeks a variance to reduce the front yard setback from 30 feet to 15 feet for the construction of a single-family dwelling. Applicant seeks no other variances at this time.
The applicant has requested a deferral in order to work with the NPU on this application. Staff is supportive of this request.
RECOMMENDATION: DEFERRAL TO THE NEXT AVAILABLE AGENDA
DATE: March 1, 2018
The applicant seeks a variance to reduce the front yard setback from 30 feet to 15 feet for the construction of a single-family dwelling. Applicant seeks no other variances at this time.
FINDINGS OF FACT:
Property Location: The subject property fronts 50 feet on the west side of Hill Street and begins approximately 530 feet from the southwest intersection of Hill Street and Atlanta Avenue. The property is located in Land Lot 54 of the 14111 District, Fulton County, Georgia within the Peoplestown neighborhood of NPU-V, Council District 1.
Relevant Zoning Requirements:
The subject property is zoned R-5-C BL (Two-Family Residential Conditional/ Beltline Overlay).
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; Halfdepth yard: 15 feet.
Property Characteristics: The subject property is a rectangular shaped lot with an area of approximately 9,254 square feet with 50 feet of frontage along Hill Street. The parcel is currently undeveloped with only what appears to be a 6-foot wooden privacy fence/wall along the northern side yard property line. The site currently does not have off-street parking. The topography of the property is relatively level. The property is vegetated with two mature trees in the half-depth yard.
Characteristics of Adioining Properties. Neighborhood: Parcels in the area are developed with varying uses and structures. The parcel to the west of the subject property and adjacent to its rear boundary line is zoned RG-3-C (Residential General Sector 3) and contains a multi-family development. Adjacent parcels along the west side of Hill Street are zoned R-5-C (Two-Family Residential Conditional) while parcels along the east side are zoned R-5 (Two-Family Residential). Both contain structures that are similar in shape and size to the applicant's property.
for 945 1-lili street, S.E.
March 1, 2018 Page 2 of 2
PROPOSAL: The applicant seeks a variance to reduce the front yard setback from 30 feet to 15
feet for a new single-family dwelling. The proposed development will include a new two-story single-family structure with a covered front porch and deck. Staff is aware of three (3) city owned sewer lines that traverse the property. If thc variance request is permitted the applicant must comply with all City codes with respect to building encroachment onto city sewer lines with the Office of Site Development before a building permit could be granted.
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.
a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its s iz e, shape. or topography. The property contains adequate frontage, area, and conforming shape for R-4 zoned parcels. However, the topography of the lot due to the existing sewer lines may present a challenge with additions on the lot. Therefore, staff finds lot topography as the extraordinary and exceptional condition pertaining to this property.
b, The application of the Zoning Ordinance of the City of Atlanta to this particular piece of property would create an unnecessary hardship. Applying the current zoning regulations to this particular property would causc hardship by preventing the construction of a reasonable sized house conforming lot. The sewer lines that runs beneath the lot prohibits the amount of buildable area for the proposed structure. If enforced, this would limit the buildable are to the rear of the subject lot. That location would conflict with the current alignment of residential structures and block-face found along Hill Street. County records show that a previous residential structure was located on the lot, built 1935. Therefore, Staff is of the opinion that the proposal is reasonable.
- Such conditions are peculiar to the p rticular piece of property involved. The topography of the lot is peculiar to the subject property due to thc location and size of an underground sewer line. The line runs through the property in a northwestern direction. This prohibits the applicant from building a new single-family home within the legal buildable area of the lot. For this reason, the applicant requests a reduction in front yard setback to allow the proposed structure to align as closely as possible With the other homes on the Hill Street. Although the sewer line does run through adjacent lots Staff cannot confirm that location and subsequent effect on the buildable area is the same as the subject property.
- Relief. if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the Zoning Ordinance of the Citv of Atlanta. The requested variance would not impose upon adequate light and/or air on the adjacent properties. There is no potential impediment on emergency access or threats to health and fire safety because the property has adequate room for the reque«ted development. The request allows an increase in the quality of life without having to relocate to a new neighborhood, which improves and reinforces the sustainability of the community.
FEBRUARY 8TH, 2018
STAFF RECOMMENDATION: DEFERRAL TO MARCH 1, 2018
NPU RECOMMENDATION: NO ACTION TAKEN
BZA DECISION: DEFERRAL MARCH 1, 2018
MARCH 1, 2018
STAFF RECOMMENDATION: APPROVAL
NPU RECOMMENDATION: APPROVAL
BZA DECISION: APPROVAL
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