The applicant seeks a variance to reduce the half-depth yard setback from 17.5 feet to 3 feet to construct an addition to a single-family structure. Applicant seeks no other variances at this time.
FINDINGS OF FACT:
Property Location: The subject property fronts approximately 5() on the west side of Woodland Avenue and begins at the northeast intersection of Woodlan Avenue and Mercer Street. The property is located in Land Lot Il of the 14th District, Fulton County, Georgia within the Ormewood Park neighborhood of NPU-W, Council District l .
Relevant Zoning Requirements:
- The subject property is zoned R-4 (Single-Family Residential).
- Minimum lot dimensions: Frontage: 70 feet; Minimum lot area: 9,000 square feet.
- Minimum yard setbacks: Front yard: 35 feet; Side yards: 7 feet; Rear yard: 15 feet.
Characteristics of Adioining Properties, Neighborhood: Parcels in the area are developed with single-family detached residential structures that appear to encroach into the required yard setbacks. Immediate properties within the area carry an R-4 (Single-Family Residential) zoning designation. To the east of the property at the intersection of Hall Avenue and Moreland Avenue, properties are zoned MR-2-C and MRC-I -C, which promotes mixed-use density. Adjacent parcels vary in shape and size from the applicant's property.
V- Woodland Avenue, N.E.
The applicant from zoning regulations to reduce the half-depth yard setback from 17.5 feet to 3 feet to construct an addition to a single-family structure and detached garage. The proposed addition will align with the current structure's encroachment on the required yard setbacks.
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 subject property has a frontage of 50 feet which is less than the 70 foot minimum requirement for properties zoned R-4. It has a total lot area of 8,668 square feet which is also less than the minimum 9,000 square feet required. Therefore, staff does find the width and size to be of extraordinary and exceptional condition pertaining to this property.
- The application of the Zoning Ordinance of the City of Atlanta to this particular piece of ro ert would create an unnecessa hardshi . Application of the zoning regulations would cause an unnecessary hardship because the home was built prior to the establishment of the zoning ordinance. Therefore, the lot's non-conforming width and size eliminate the amount of buildable area existing within the required setbacks. The current structure encroaches into the half-depth front yard setback and the proposed addition will not increase this encroachment. Therefore, Staff is of the opinion that the encroachment is reasonable.
- Such conditions are peculiar to the particular piece of property involved. The lot's width and size are not unique to the subject property because of the area's location, many of the parcels were developed prior to the establishment of the zoning ordinance. However, the existing encroachments are peculiar as Staff is unaware of similar conditions on adjacent properties especially since the portion or Mercer Street adjacent to the property is a 'paper street' (unpaved portion of the right-of-way). The fact that this is a city street and could be improved at any time should be kept under consideration. The existence of similar conditions on adjoining properties does not negate the desirability of the proposal.
- 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 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 requested addition. 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.
JULY 13th, 2017
STAFF RECOMMENDATION: APPROVAL
NPU RECOMMENDATION: APPROVAL
BZA DECISION: APPROVAL