The applicant seeks a special exception to increase the maximum height of a privacy fence (wall) in the side yard to 8 feet where only a 6 foot fence or wall is permitted.
FINDINGS OF FACT:
The subject property fronts 50 feet on the south side of Federal Terrace and begins 242 feet from the southeast intersection of Federal Terrace and Boulevard. The property is zoned R-4 (Single Family Residential). The property is located in Land Lot 24 of the 14th District, Fulton County, Georgia. It is in the Benteen Park neighborhood of NPU-W, Council District 1.
Relevant Zoning Requirements:
- The subject property is zoned R-4 (Single-Family Residential).
- Minimum lot dimensions: frontage, 70 feet; minimum lot area, 9,000 square feet.
- Minimum yard setbacks: front yard 35 feet, side yard, 7 feet; rear yard, 15 feet. Maximum height of fences and walls in yard(s) is 4 feet.
Characteristics of Adioining Properties, Neighborhood: Lots in the immediate area vary in shape and size. They are developed with one and two story single family dwellings. Properties in the immediate area are zoned R-4 (Single Family Residential) except for properties to the south, which are zoned C-l (Community Business) distnct.
V-17-321 for 607 Federal Terrace, S.E.
January 4, 2018 Page 2 of 2PROPOSAL: The applicant seeks a special exception to increase the maximum height of a privacy fence (wall) in the side yard to 8 feet where only a 6 foot fence or wall is permitted.
CONCLUSIONS: The following conclusions pertinent to this special exception request are in accordance with Section ) of the City of Atlanta Zoning Ordinance.
Such wall or fence is justified by reason of security or privacy and will not unduly prevent passage of light and air to adjoining properties and is not incompatible with the character of the neighborhood; (2) Such greater height is justified by requirements for security of persons or property in the area; (3) Such greater height is justified for topographic reasons; or (4) Such greater height, in the yard or yards involved, is not incompatible with the character of the surrounding neighborhood.
Staff finds the applicants request to erect an 8-foot wooden wall within the side yard setback at the rear of the property is justified for a topographic reason and compatible with the character of the surrounding neighborhood. The yard has a step-down and the extension of fence beyond this is taller to accommodate the topography. Additionally, the neighboring properties at 616 and 609 Federal Terrace has also a wooden wall of similar height to accommodate topography. Therefore, Staff is of the opinion that the applicant's request to erect an 8-foot wooden wall setback is reasonable, given the proposal is in character with the neighborhood and is justified for a topographic reason.
JANUARY 4TH, 2018
NPU RECOMMENDATION: APPROVAL
BZA DECISION: APPROVAL