The applicant seeks a variance to eliminate the required 5 foot landscape buffer in the side yard setback to allow parallel parking and to reduce the rear yard setback from 20 feet to 10 feet for the construction Ota multifamily development. Applicant seeks no other variances at this time.
FINDINGS OF FACT:
Property Location: The subject property fronts 85 feet on the south side of Grant Circle and beginning at the southeast intersection of Grant Circle and Grant Street. The lot is in Land Lot 42 of the 14th District, Fulton County, Georgia. It is located in the Grant Park neighborhood of Council District l , NPU-W.
Relevant Zoning Requirements:
- The subject property is zoned MR-4A-C/BL (Multi-Family Residential Conditional/Beltline Overlay).
- Minimum Site Limitations: Adjacent BeltLine Corridor buffer: 20 feet; Landscaped Buffer: 5 feet.
Characteristics of Adioining Properties. Neighborhood: Most of the lots in the immediate area vary in lot size. They are developed with one-story warehouses. Most properties in the immediate area are zoned I-I (Light Industrial District) and MRC-3-C (Mixed Residential Commercial District).
V-17-.30.3 385 Grant Circle
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PROPOSAL: The applicant eliminate the required 5 root landscape bulTer in the side yard setback to allow parallel parking and to reduce the rear yard setback from 20 feet to 10 for the construction of a mullifatnily development.
CONCLUSIONS: The following conclusions pertinent to this request ror a variance from the zoning regulations are in accordance with Section 16-36.01 1 (3) of the City of Atlanta Zoning
- There are extraordinary and exceptional conditions pertaining to the particular piece of ro ert in uestion because of its size sha e or to o ra h . The subject property has an irregular shape that may have an impact on the development. Additionally, there is a topography shift towards the Beltline corridor and to the east ol' the Grant Street frontage. Therefore, Staff finds lot shape and topography as the extraordinary and exceptional conditions pertaining to this property.
- The application of the Zoning Ordinance of the City of Atlanta to this particular piece of property would create an unnecessary hardship. Application of the zoning regulations would cause a hardship by preventing the applicant from developing a multifamily development. If the required setbacks were to be applied, the owners would be compromised in maximizing the units allowed in their development and the required parking that would have to be accompanied. Additionally, the shape of the lot creates a hardship with maintaining the required setbacks. Therefore, Staff is of the opinion that it would not be necessary to impose this hardship because the proposal is reasonable considering the lot characteristics.
- Such conditions are peculiar to the particular piece of property involved. The subject property is unique in the size of the development proposed on this site. Although the existing conditions of the subject property are unique to other properties, the unique hardship identified does not disqualify the merits of the request.
DECEMBER 7TH, 2017
STAFF RECOMMENDATION: APPROVAL
NPU RECOMMENDATION: APPROVAL
BZA DECISION: APPROVAL