V-17-287 for 704 Connally street, S.E. - APPROVED

​DATE: December 14, 2017

The applicant requests a variance to reduce the half-depth front yard setback from 10 feet to 7.1 feet for a second story addition. Applicant seeks no other variances at this time.
FINDINGS OF FACT:
Property. Location: The subject property fronts 40 feet on the east side of Connally Street and begins at the southeast intersection of Connally Street and Bass Street. The property is located in Land Lot 54 of the 14th District, Fulton County, Georgia within the Summerhill neighborhood of NPU-V, Council District 1.
Relevant Zoning Requirements:
The subject property is zoned R-4B-C (Single Family Residential-Conditional).  Minimum lot dimensions: Frontage: 20 feet  Minimum lot area: 2,800 square feet.
Minimum yard setbacks: Front yard: 20 feet; Side yard: 5 feet; Rear yard: 5 feet.
Property Characteristics: The subject property is a rectangular shaped lot of approximately 4,000 square feet (0.05 acres) with approximately 40 feet of frontage on the east side of Connally Street and approximately 100 feet along the south side of Bass Street. The property is currently developed with a single-family residential structure. There is no vehicular access to the property. The lot topography is changes grade by approximately 6 feet towards in northwest to southeasterly direction across the lot. The property is well vegetated with trees and shrubs throughout the lot.
Characteristics of Adjoining 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. 17-287 for 704 Connally street, S.E. December 14, 2017
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PROPOSAL: The applicant seeks a variance to reduce the half-depth front yard setbacks from 10 feet to 7.1 feel. The applicant's intent is to construct a second story addition.
CONCLUSIONS:
The following conclusions pertinent to this request for a variance from the zoning regulations are in accordance with Section 16-26.()03 of the City of Atlanta Zoning Code.

1. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape. or topography. The lot area exceeds the minimum requirements for the R-4B zoning and the lot width meets the minimum requirements of the R-4B zoning. Therefore, Staff finds the lot does not possess neither extraordinary nor exceptional conditions.
2. 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 of the existing structural footprint on the property. The applicant has proposed to construct a second story addition within the alignment of the existing structural footprint of the residential structure. Furthermore, Staff notes the proposal would not bc an encroachmenl any furlher into the half-depth front yard than the existing construction. Therefore, Staff is of the opinion that this proposal is reasonable.
3. Such conditions are peculiar to the particular piece of property involved. The lot size and width are not extraordinary or exceptional conditions to the subject property. However, the encroachment is peculiar as Staff is unaware of similar conditions on the adjacent lots. Therefore, the existence of peculiar conditions does not negate the reasonableness of the 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 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 half-depth front yard to allow the proposed construction to be reasonable.

RECOMMENDATION: TECHNICAL DENIAL - The subject property does not satisfactorily meet the criteria for an extraordinary and exceptional condition. For the sole reason that does not meet all the criteria, staff is not recommending approval for the requested variance. However, approval of the requested zoning relief would not cause substantial detriment to the public good or impair the purposes and intent of the zoning ordinance.

DECEMBER 14TH, 2017
STAFF RECOMMENDATION: TECHNICAL DENIAL
NPU RECOMMENDATION: APPROVAL
​BZA DECISION: APPROVAL