v-17-226 for 972 Ormewood Terrace S.E.

​DATE: October 5, 2017

The applicant seeks a variance to reduce the north side yard setback from 7 feet to 2 feet for alterations to an existing accessory structure. Applicant seeks no other variances at this time.
FINDINGS OF FACT:
Property Location: The subject properly fronts 50 feet on the east side or Ormewood Terrace and begins 365 teet from the northeast intersection of Ormewood Terrace and East Confederate Avenue. The property is located in Land Lot 10 of the 14th District, Fulton County, Georgia within the Ormewood Park neighborhood of NPU-W, Council District I.
Relevant Zoning Requirements:

• The subject properly is zoned R-4 (Single-Family Detached Residential District).
• 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: 1.5 feet.

Property Characteristics: The subject property is a rectangular lot or approximately 7,500 square feel with 50 feet of frontage along Ormewood Terrace and is currently developed with a two-story brick and frame home. Vehicular access to the property is provided by a concrete driveway to the north of the residential structure that ends in the rear lot. Lot topography slopes slightly towards the rear yard setback. The subject property has many mature trees in the rear yard and some shrubbery in the front yard.
Characteristics of Adioining Properties. Neighborhood: The lots in the surrounding area vary In suze and shape. Parcels nearby are developed with single-family detached residential with the R-4 (Single-Family Detached Residential) zoning.
V- 17-226 972 Ornæwood Terrace S. E.
October 5, 2017 Page 2 or 2
PROPOSAL: The applicant seeks a variance to reduce the north side yard setback from 7 reet to 2 Ccet for alterations to an existing accessory structure.
CONCLUSIONS: The lbllowing conclusions pertinent to this request for a variance from the zoning regulations are in accordance with Section 16-26.003 of the City or Atlanta Zoning Code.

1. There are extraordinary and exceDtionaI conditions pertaining to the particular piece of ro ert in ( uestion because of its size sha e or to ) 'ra h . The lot is deficient In frontage by 20 feet and 1,500 square feet in area tor properties zoned R-4. There is also topographical issues with the lot sloping westward towards Ormewood Terrace. Therefore, Staff finds lot size, width and topography as the extraordinary and exceptional conditions.
2. 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 a hardship in preventing a necessary repair to an accessory structure. If the zoning regulations were to be applied, the owner would be compromised in reconstructing the root' for their pool house. The structure is existing and the applicant does not intend to enlarge the structure. Therefore, Staff is or the opinion that the proposed encroachment would be reasonable.
3. Such conditions are peculiar to the particular piece of property involved. Several of the adjacent lots with the same zoning have similar conditions pertaining to lot width, size and topography. However, the encroachments are peculiar as Staff is unaware of similar conditions on adjacent properties. 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.
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 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 north yard setback to allow the accessory structure is reasonable.

RECOMMENDATION: APPROVAL