VAR20-00015 Public Hearing: Board of Appeals May 20, 2020 — 7:00pm

GEORGIA

APPLICATION

EXISTING DEVELOPMENT

Applicant:

Matthew Johnson

Zoning:

RS-50

Property Owner:

Jonathan & Diana Sweatman

Land Use:

Single-Family Dwelling

Property Address:

2746 Grove Street

Lot Area:

6,493 square feet

Parcel ID:

18-240-05-028

Lot Width:

65.00-feet

Lot Coverage:

42.2% (Existing)

REQUESTS

LOCATION

2746 Grove Street

1. Variance from Section 27.68.b.6

Case

: VAR20-00015¶

Reduce rear yard setback from 30-feet to 25-feet to allow a

zoning Diskict

RS-100 (Single-Family

screened in porch

Residential)

RS-50 (Single-Family

aa Residential)

Approval Conditional

RECOMMENDED CONDITIONS Should the Zoning Board of Appeals approve the requested variance, Staff recommends the following conditions:

1. 2.

Reduce rear yard setback from 30-feet to 25-feet to allow a screened in porch, for the area of encroachment only. Development of the subject property shall occur in accordance to the site plan stamped dated April 08, 2020, submitted to the Community Development Department.

Staff Analysis & Recommendation

Dominique Lockhart, Planner | - Community Development Department 1

VAR20-00015 Public Hearing: Board of Appeals May 20, 2020 — 7:00pm

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Staff Analysis & Recommendation

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Dominique Lockhart, Planner | - Community Development Department 2

VAR20-00015 Public Hearing: Board of Appeals

May 20, 2020 — 7:00pm

CHAPTER 27 (ZONING)

GEORGIA

1. The grant of the variance will not be detrimental to the public health, safety or welfare or injurious to property or improvements; The grant of the variance request to reduce the rear yard setback from 30-feet to 25-feet would not be detrimental to the public health, safety or welfare or injurious to the property or improvements. The proposed scope of work is to enclose a portion of an existing rear deck to create a screened in porch. The rear yard is lined with tree coverage so the visual impact of the addition would be minimal to adjacent properties. The most impacted neighbor to the right of the subject property, 2752 Grove Street, has provided a letter of support. The applicant has also received 4 additional letters of support from surrounding neighbors. The lot coverage will not increase as the scope of work is to enclose a portion of an already existing non-slatted deck, not altering the current footprint.
2. The variance request is based on conditions that are: (a) Unique to the subject property; The subject property is in relative similarity to other properties located within the same zoning district. (b) Not generally applicable to other properties in the same zoning district; The subject property is an RS-50 lot of record that is conforming in both lot area and lot width. (c) Not the result of the subject property owner’s or applicant’s actions;

The variance request is based upon conditions that are not the result of the subject property owner’s or applicant’s actions. Constructed in 1992, the existing deck is currently in compliance, but once the deck is screened in it will become part of the main structure and have to conform to current building setback regulations.

1. Because of the particular conditions, shape, size, orientation or topographic conditions, the strict application of the requirements of this zoning ordinance would deprive the property owner of rights and privileges enjoyed by other similarly situated property owners; The rear yard setback for an RS-50 lot is 30-feet. The proposal to screen in a portion of the deck would bring the rear yard setback to 25-feet. When the residence was constructed under DeKalb County, the rear yard setback was 35-feet. The footprint of the existing deck remained in compliance because decks are currently allowed to project 10-feet beyond the rear yard building setback. The proposed screened in porch will not increase lot coverage as the enclosed portion is over an existing non-slatted deck, therefore not altering the current footprint.

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 similarly situated properties; The requested variance to reduce the rear yard setback from 30-feet to 25-feet for the construction of a screened in porch does not go beyond the minimum necessary to afford relief. The proposed location of the screened in porch maintains the existing setback and would have minimal visual impact on neighboring properties. As such, the nature of this request should not result in a special privilege inconsistent with the limitations upon other properties in the zoning district.

3. The literal interpretation and strict application of the applicable provisions or requirements of this zoning ordinance would cause undue hardship or practical difficulty, as distinguished from a mere inconvenience; and

The literal interpretation and strict application of the requirements of the zoning ordinance may pose unnecessary hardship upon the applicant as the proposed screened porch would not expand the footprint. The existing rear setback is in line with other properties along Grove Street.

1. The requested variance would be consistent with the spirit and purpose of this zoning ordinance and the comprehensive plan. The requested variance is consistent with the spirit and purpose of the Zoning Ordinance and Comprehensive Plan text. It strengthens the vision to preserve and maintain existing residential neighborhoods within the Osborne Character Area.

Staff Analysis

& Recommendation

Dominique Lockhart, Planner | - Community Development Department 3

VAR20-00015 Public Hearing: Board of Appeals May 20, 2020 — 7:00pm

STAFF NOTES The subject property is an RS-50 lot of record that is conforming in both lot area and lot width. Variance request is to reduce the rear yard setback from 30-feet to 25-feet.

The proposed scope of work is to enclose a portion of an existing rear deck to create a screened in porch.

The existing deck is 10-feet wide and 23-feet long. The lot coverage will not increase as the scope of work is to enclose a portion of an already existing non-slatted deck, not altering the current footprint. The proposed location of the screened in porch maintains the existing setback and would have minimal visual impact on neighboring properties.

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Staff Analysis & Recommendation

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Dominique Lockhart, Planner | - Community Development Department 4

City of Brookhaven

Received by PZ SURVEY NOTES:

*LEGEND * POINT OF BEGINNING LAND LOT LINE MAN HOLE SANITARY SEWER LINE SAN SEWER CLEANOUT CATCH BASIN JUNCTION BOX DRAINAGE INLET YARD INLET HEAD WALL POWER POLE LIGHT POLE

MAGNETIC

POWER LINE GUY WIRE SANITARY SEWER ESMT. DRAINAGE EASEMENT UTILITY EASEMENT ACCESS EASEMENT TOP OF BANK BOTTOM OF BANK CORRUGATED METAL PIPE REINFORCED CONC. PIPE AS PER PLAT AS PER DEED AS PER RECORD AS PER FIELD BACK OF CURB EDGE OF PAVEMENT ELECTRIC POWER BOX ELECTRIC METER GAS METER GAS VALVE WATER METER WATER VALVE OVERHANG OWNERSHIP UNCLEAR

1. STORM SEWER, SANITARY SEWER AND OTHER BURIED UTILITIES MAY HAVE BEEN PAVED OR COVERED OVER. THE LOCATION OF UNDERGROUND UTILITIES AS SHOWN HEREON ARE BASED ON ABOVE GROUND STRUCTURES AND RECORD DRAWINGS PROVIDED TO THE SURVEYOR. LOCATION OF UNDERGROUND MAY VARY FROM LOCATIONS SHOWN HEREON. ADDITIONAL BURIED UTILITIES MAY BE ENCOUNTERED. NO EXCAVATIONS WERE MADE DURING THE PROCESS OF THIS SURVEY TO LOCATE BURIED UTILITIES. BEFORE EXCAVATIONS ARE BEGUN, TELEPHONE, ELECTRIC, WATER AND SEWER, GAS COMPANIES SHOULD BE CONTACTED FOR VERIFICATION OF UTILITY TYPE AND FOR FIELD LOCATIONS.
2. THIS PLAT WAS PREPARED TO SHOW THE APPROXIMATE LOCATION OF THE IMPROVEMENTS AND IS NOT RECORDABLE. FENCES SHOULD NOT BE LOCATED USING SIDE DIMENSIONS FROM THE HOUSE. ALL MATTERS OF THE TITLE ARE EXCEPTED. THIS PLAT IS SUBJECT TO ALL LEGAL EASEMENTS AND RIGHT OF WAY PUBLIC OR PRIVATE.
3. SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH FOR EASEMENTS OF RECORD RECORDED AND NOT RECORDED, ENCUMBRANCES, RESTRICTIVE COVENANTS, OWNERSHIP TITLE EVIDENCE, OR ANY OTHER FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE.
4. THIS SURVEY WAS MADE WITHOUT THE BENEFIT OF CURRENT TITLE COMMITMENT, EASEMENTS AND ENCUMBRANCES MAY EXIST WHICH BENEFIT OR BURDEN THIS PROPERTY. MATTERS OF TITLE ARE EXCEPTED. PROPERTY OWNER OR PERSON ORDERING THE SURVEY IS RESPONSIBLE TO CONTACT CLOSING ATTORNEY OR TITLE COMPANY FOR A FULL TITLE SEARCH AND COMMITMENT INCLUDING ALL THE EXCEPTION.
5. SURVEY LAND EXPRESS, INC IS NOT RESPONSIBLE FOR AND DOES NOT WARRANT THE ZONING INFORMATION AND INTERPRETATION AS PROVIDED HEREIN. THIS INFORMATION IS OBTAINED USING ON—LINE SOURCES, TELEPHONE CONVERSATION WITH ZONING OFFICE AT THE COUNTY OR CITY, ETC. AND CANNOT GUARANTEE ITS ACCURACY. IT IS RECOMMENDED THAT THE CLIENT OR USER OF THIS DATA VERIFY THIS INFORMATION WITH THE USSUING AUTHORITY.
6. THIS PLAT WAS PREPARED FOR THE EXCLUSIVE USE OF THE PERSON, PERSONS OR ENTITY NAMED HEREON. THIS PLAT DOES NOT EXTEND TO ANY UNNAMED PERSON, PERSONS, OR ENTITY WITHOUT THE EXPRESS RECERTIFICATION OF THE SURVEYOR NAMING SUCH PERSON, PERSONS, ENTITY.

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