The applicant seeks a variance to reduce the south side yard setback from 7 feet to 3 feet for an addition to a single-tamily dwelling. Applicant seeks no other variances at this time.
FINDINGS OF FACT:
Property Location: The subject property fronts 50 feet on the west side of Underwood Avenue and begins 50 feet from the southwest intersection of Underwood Avenue and Eden 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 l .
Relevant Zoning Requirements:
- The subject property is zoned R-4/BL (Single-Family Residential/Beltline Overlay). e 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 Adjoining Properties. Neighborhood: The lots in the surrounding area vary in swe and shape. Parcels nearby are developed with single-family detached residential with the R-4 (Single-Family Detached Residential) zoning.
V.17-283 for 901 Underwood Avenue. S.E.
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PROPOSAL: The applicant seeks a variance to reduce the south side yard setback from 7 rect to 3 feet ror an addition to a single-family dwelling.
CONCLUSIONS: The rollowing conclusions pertinent to this reques! for a variance from the zoning regulations are in accordance with Section 16-26.003 ol' the City or Atlanta Zoning Code.
- There are extraordinary and exceptional conditions pertaining to the particular piece ot property in question because of its size. shape, or topography. The frontage is deficient by 23 leet tor properties zoned R-4. There is also a deficiency within the lot width with a square footage of only 7,500. Lastly, there is a downward slope towards the rear of the property, hence the reason ror the construction or stairs in the rear yard. Therefore, Starr finds lot width, area and topography as the extraordinary and exceptional conditions pertaining to this property.
- The application of the Zoning Ordinance of the City ol' Atlanta to this particular piece of property would create an unnecessary hardship. Application of the zoning regulations would cause a hardship in adding an access point to the rear door on a nonconforming lot. The house currently encroaches four (4) feet into the south side yard setback. The proposed stairs will align with the edge of the home. Therefore, Staff is of the opinion that the proposed encroachment would be reasonable.
- Such conditions are peculiar to the particular piece of property involved. There are many lots adjacent to the subject property that are also subject to the sloping lot in the rear. Many lots along Underwood and nearby cross streets are within close proximity to a stream bank to the west of the Ormewood Park neighborhood, so the subject property and the adjacent properties are at the highest point in elevation. However, the encroachment is peculiar as Staff is unaware of similar conditions on adjacent properties. 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 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 south side yard setback to allow the addition is reasonable.
STAFF RECOMMENDATION: APPROVAL
NPU RECOMMENDATION: APPROVAL
BZA DECISION: APPROVAL