The applicant seeks a variance to reduce the front yard setback from 35 feet to 11 feet and the rear yard setback from 15 feet to 14 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 157 feet on the west side of Fisher Road and begins 247 feet from the southwest intersection of Fisher Road and Custer Avenue. The property is located in Land Lot 9 of the 14th District, Fulton County, Georgia within in the Custer/McDonough/Guice neighborhood of NPU-W, Council District I.
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 yard: 7 feet; Rear yard: 15 feet.
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 with the R-4 (Single-Family Detached Residential) zoning.
V- for 1415 Fisher Road S.E.
August 10, 2017 Page 2 of 2
PROPOSAL: The applicant seeks to reduce the front yard setback from 3.5 feet to I I
feet and the rear yard setback from 15 feet to 14 feet for the construction of a single family dwelling for property.
CONCLUSIONS: The following conclusions pertinent to this request for a variance from the zoning regulations are in accordance with Section 16-26.006 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. Although the lot width exceeds the R-4 minimum requirements, the lot size of 8,502 square feet is deficient by approximately 498 square feet of the minimum requirements for the R-4 zoning. The lot topography changes grade by approximately 12 feet from the front yard to rear yard in a southwesterly direction across the site. Furthermore, the lot shape is irregular with a configuration where the lot tapers inward from the front yard to the rear yard in a northwesterly direction. Therefore, Staff finds the lot size, shape and topography to be 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 cause an unnecessary hardship because of the irregularities of the lot size, shape and topography, which results in the non-conforming status. The applicant has requested the reduction of the front and rear yards to construct a new single-family residential structure. Staff notes that the lot size and topography would have an impact on the buildable area regardless of the layout of the proposed single-family residential structure. Additionally, the irregular shape of the lot hinders development because the depth of the lot is 87 feet while the length/frontage is 159 feet. Therefore, Staff is of the opinion that it would not be necessary to impose this hardship because the proposal is reasonable considering the lot characteristics.
- Such conditions are peculiar to the particular piece of property involved. Some of the properties south of the subject property share in the awkward layout of their lots. Although the existing conditions of the subject property are similar to others properties, the unique hardships identified does not disqualify the merits of the request.
- 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 variances would not impair the purposes and intent of the zoning ordinance because the lot has met the necessary criteria to be granted special relief. The proposed home would not cause substantial detriment to the public good as it will be completely within the applicant's lot coverage. The variance also would not impair the living conditions of the adjacent properties, as the home will be shielded by the dense tree coverage. It would also not cause fire hazard, impair drainage, lead to traffic congestion, or otherwise impair the purposes and intent of the zoning regulations.
STAFF RECOMMENDATION: APPROVAL
NPU RECOMMENDATION: APPROVAL
BZA DECISION: APPROVAL