V-17-301 for 907 Eden Avenue, S.E.- APPROVED

December 7, 2017 

​The applicant seeks a variance to allow an accessory structure to exceed 30% of the floor area of the main structure to 44% for an addition to an existing garage. Applicant seeks no other variances at this time.
FINDINGS OF FACT:
Property Location: The subject property fronts 80 feet on the south side of Eden Avenue and begins at the southeast intersection of Eden Avenue and Ormewood Terrace. 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/BeltIine Overlay). e Minimum lot dimensions: Frontage: 70 feet; Minimum lot area: 9,000 square feet.
e Minimum yard setbacks: Front yard: 35 feet; Side yards: 7 feet; Rear yard: 15 feet.
Property Characteristics: The subject property is a rectangular shaped lot with an area of approximately •12,000 square feet and 80 feet of frontage along Eden Avenue. The parcel is currently developed with a two-story single-family residence and two-story detached garage. The off-street parking is accessed from Oremwood Terrace by a concrete driveway to the south of the primary structure. The slope of the topography decreases approximately 10 feet from the eastern side yard to the western property boundary line. The property is vegetated with multiple shrubs and trees in the front and rear.
Characteristics of Adjoining Properties. Neighborhood: Parcels in the area are developed with single-family detached residential structures that vary in shape and size. The majority of the properties in the area carry an R-4 (Single-Family Residential) zoning with single family residential land use designation. To the west there are R-5-C (Two-Family Residential Conditional) zoned parcels and a MR-4A-C (Multi-Family Residential Conditional) zoning designation with High Density Residential land use.

907 Eden Avenue.
2017
Page 2 ot-
PROPOSAL: The applicant allow an accessory structure to exceed 30% of the Iloor area of the main structure to 44% ror an addition to an existing garage. The two-story accessory structure currently exists on the parcel. The applicant's intent is convert the existing unfinished second story into a habitable living space ('or the property owners.
CONCLUSIONS: The following conclusions pertinent to this request ror a variance from the zoning regulations are in accordance with Section 16-26.003 ot• the City of Atlanta Zoning Code. a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape. or topography. The property contains adequate frontage, area, and conforming shape for R-4 zoned parcels. Therefore, staff does not find the size, shape or topography to be of extraordinary and exceptional conditions pertaining Lo this property.

1. The application of the Zoning Ordinance of the City of Atlanta to this particular piece of property would create an unnecessary hardship. Applying the current zoning ordinance lor R-4 to this property would cause hardship by preventing reasonable redevelopment to an existing two-story accessory structure. The existing primary residential structure is approximately 3,240 square feet. The existing accessory structure is 1,052 square feet and approximately 42% of the primary structure. The conversion of the second stow will increase the accessory's non-conforming size to 44% of the primary structure. Based on the 0.50 FAR allowance, the applicant has approximately 2,760 square feet of unused development rights nol including the proposed 453 square feet of converted living space. The applicant is thereby utilizing a portion of the unused development rights. Therefore, Staff is of the opinion that the request is reasonable.
2. Such conditions are peculiar to the particular piece of property involved. The lot width, size and topography are not of extraordinary and exceptional conditions to the subject property. Therefore, the existence of peculiar conditions does not pertain to this application. However, the size of the accessory structure is peculiar as Staff is unaware of similar conditions on adjacent lots. The existence of similar conditions on adjoining neighborhood properties does not negate the desirability of this proposal.
3. 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 variance would not impose upon adequate light and/or air on the adjacent properties or impair the purpose and intent of the zoning ordinance because the current structure already exists. There is no potential impediment on emergency access or threats to health and fire safety because the property has adequate room for the new build as it will reduce lot coverage compared to the current structure. The proposal promotes desirable living conditions and reinforces the stability of the surrounding neighborhood by making improvements on an existing non-conforming property.

RECOMMENDATION: TECHNICAL DENIAL - The subject property does not satisfactorily meet the criteria for an extraordinary and exceptional lot condition. For the sole reason that it does not meet all the criteria, staff is not recommending approval of 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 7TH, 2017
STAFF RECOMMENDATION: TECHNICAL DENIAL
NPU RECOMMENDATION: APPROVAL
BZA DECISION: APPROVAL