v-17-190 for 1133 Morley Avenue, S.E.

DATE: September 7, 2017

The applicant seeks a variance to reduce the north side yard setback from 7 feet to 1.9 feet for an addition to an existing shed. Applicant seeks no other variances at this time.
FINDINGS OF FACT:
The subject property fronts .50 feet on the west side of Morley Avenue and begins 100 feet from the northwest intersection of Morley Avenue and Francis Avenue. The lot lies within Land Lot 23 of the 14th District, Fulton County, Georgia. It is located in the Boulevard Heights neighborhood of Council District l , NPU-W.
Relevant Zonin Re uirements:

• The subject property is zoned R-4 (Single-Family Residential).
• Minimum lot dimensions: Lot width: 70 feet; minimum lot area, 9,000 square feet.
• Minimum yard setbacks: Front yard: 35 feet; side: 7 feet; rear: 15 feet

Property Characteristics: The subject property is rectangular in shape with approximately 6,258 square feet and 50 feet of frontage. The lot is currently developed with a one-story frame residence. The subject property has shrubs at the front of the home and along the northern setback. There is a paved driveway that loops around the eastern edge of the subject property. Morley Avenue is classified as a local road.
Characteristics of Adioining Properties. Neighborhood: Lots in the immediate area vary in shape and size. They are developed with one and two story single-family dwellings. Most of the properties are rectangular and are zoned R-4 (Single-Family Residential).

1 1.33 Morley Avenue, S.E. 2017
The applicant seeks a variance to reduce the north side yard setback from 7 feet to 1.9 feet for an addition to an existing shed.
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.

1. There are extraordinary and exceptional conditions pertaining to the particular piece of ro ert in uestion because of its size sha e or to o ra h . With 6,258 square feet of area and 50 feet of frontage, the subject property is deficient in the lot area and width required for an R-4 zoned property. Additionally, the topography decrease towards the rear yard by approximately five feet. Therefore, Staff finds the lot width, size and topography to be extraordinary and exceptional conditions pertaining to this property.
2. 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 a hardship by preventing the applicant from constructing an accessory structure. The existing shed currently encroaches into the side yard setback by 5.1 feet. The proposal includes an addition to the front of the existing shed that will not encroach any further than the existing shed. 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.
3. Such conditions are peculiar to the particular piece of property involved. The lot size, shape and topography is not unique to the subject property. Similar lot conditions can be found on many adjacent and nearby properties and it is not peculiar to the subject property alone. However, the existence of similar conditions on adjoining neighborhood properties does not negate the reasonableness of this proposal.
4. 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 shed would not cause substantial detriment to the public good, nor would it impair the living conditions of the adjacent properties as the setback divides the property line with shrubbery. It would not cause fire hazard, impair drainage, lead to traffic congestion, or otherwise impair the purposes and intent of the zoning regulations.

​RECOMMENDATION: APPROVAL