The applicant a variance to reduce the north and side yard setback from 5 feet to 3 feet for the construction of a single family dwelling. Applicant seeks no other variances at this time.
FINDINGS OF FACT:
The subject properly fronts 25 rect on the west side of Marlin Street and begins 150 teet from the southwest intersection of Martin Street and Bill Lucas Drive. The property is located in Land Lot 54 of the 1411' District, Fulton County, Georgia within the Summerhill neighborhood of NPU-V, Council District l.
Relevant Zoning Requirements:
The subject property is zoned R-4B-C (Single Family Residential-Conditional).
Minimum lot dimensions: Frontage: 40 feet
Minimum lot area: 2,800 square feet.
Minimum yard setbacks: Front yard: 20 feet; Side yards: 5 feet; Rear yard: 5 feet.
Property Characteristics: The subject property is a rectangular shaped lot of approximately 2,500 square feet (0.05 acres) with approximately 25 feet of frontage on the east side or Manchester Street. The lot topography is relatively level in the front yard, but declines in grade by approximately 10 feet towards the rear lot line in the rear yard.
Characteristics of Ad joining Properties. Neighborhood: The lots immediately surrounding the subject property vary in shape and size. The lots are zoned R-4B-C (Single Family ResidentialConditional) and are developed with single-family detached residential structures.
V-17-194 757 Martin Street. S.
October 12. 2017
Page 2 or 2
PROPOSAL: The applicant seeks variances to reduce the north and south side yard setbacks from 5 to 3 1'eet and for the construction ol' a single-family residential structure.
The rollowing conclusions pertinent 10 this request ror a variance from the zoning regulations are in accordance with Section 16-26.003 of the City or Atlanta Zoning Code.
- There are extraordinary and exceptional conditions pertaining to the particular piece of' ro ert in uestion because ot• its size sha e or to o ra h . The lot size is deficient by approximately 300 square (eel and width delicient by approximately 15 feet or the minimum requirements iör the R-4B zoning. However, the 101 topography declines from the front towards the rear yard by approximately 14 feet. Therefore, Staff finds lot area, width, and topography 10 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' the property would create an unnecessary hardship. The application of the zoning regulations would cause an unnecessary hardship because ol' the irregularities of the lot area and width, which results in the non-conforming status. The applicant has proposed to construct a new single-family residential structure. As a result of deficiencies in lot area and width, there are limitations in the available buildable area in the side yard of the subject lot. Therefore, StalT is of the opinion that this proposal is reasonable.
- Such conditions are peculiar to the particular piece of property involved. Several of the adjacent lots with the same zoning have similar condition pertaining to lot area and width. Although the conditions of the subject property are similar to adjacent properties, the unique hardships identified do not devalue the justification for the proposed variance.
- 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 proposal would not impose upon adequate light and/or air on the adjacent properties. Furthermore, the request would not pose a potential impediment on emergency access or threats to health and fire safety because the property has adequate room for the requested improvements. The request allows an increase in the quality of life, which improves and reinforces the sustaining stability of the surrounding neighborhood. Staff finds the reduction of the side and rear yards to allow the proposed construction is reasonable.