The applicant seeks a variance to reduce the half-depth front yard setback from 15 feet to 11 feet for the construction of a new single-family dwelling. Applicant seeks no other variances at this time.
FINDINGS OF FACT:
Property Location: The subject property fronts 44 feet on the east side of Martin Street and begins at the northeast intersection of Martin Street and Haygood Avenue. The property is located in Land Lot 54 of the 14th District, Fulton County, Georgia within the Peoplestown neighborhood of NPU-V, Council District 1.
Relevant Zoning Requirements:
The subject property is zoned R-5-CiBL (Two-Family Residential Conditional/ Beltline Overlay).
Minimum lot dimensions: Frontage: 50 feet; Minimum lot area: 7,500 square feet.
Minimum yard setbacks: Front yard: 30 feet; Side yards: 7 feet; Rear yard: 7 feet; Halfdepth yard: 15 feet.
06-0-0568: Sec. 2-4(a): The minimum width of a house shall be 25 feet as measured from the exterior of the side walls. The side walls shall be the walls that are perpendicular to and attached to the wall in which the primary entrance is located.
Property Characteristics: The subject property is a rectangular shaped lot with an area of approximately 4,484 square feet with 44.7 feet of frontage along Martin Street. The parcel is currently undeveloped with only what appears to be a 6-foot wooden privacy fence/wall along the eastem rear property line. The site currently does not have off-street parking. The topography of the property is relatively level. The property is vegetated with two mature trees in the half-depth yard.
Characteristics of Adioining Properties. Neighborhood: Parcels in the area are developed with varying uses and structures. The parcel to the south of the subject property on the adjacent corner is a religious place of worship and assembly. Adjacent parcels along Martin Street are zoned R5-C (Single-Family Residential Conditional) and are similar in shape and size to the applicant's property.
V- 17-343 for 1022 Martin street, S.E.
January I l, 2018
Page 2 2
PROPOSAL: The applicant sceks a variance to reduce the Ininimum required half-depth front yard setback from 15 feet 10 Il feet for a new single-family dwelling. The proposed development will include a new two-story single-family structure with a covered front porch and deck.
CONCLUSIONS: The following conclusions pertinent 10 this request for a variance from the zoning regulations are in accordance with Section 16-26.0()3 of the City of Atlanta Zoning Code.
- There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size. shape. or topography. The subject property does not meet the minimum requirements for properties zoned R-5. It has 4,484 square feet of land area and 25 feet frontage, which are less than the 7,50() square feet and 4() feet minimum required. Therefore, staff does find the size and width of the lot to be of extraordinary and exceptional condition 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. Applying the current zoning regulations to this particular property would cause hardship by preventing the construction of a reasonable sized house on a non-conforming lot. The current parcel rezoned in April 2006. Per city ordinance 06-0-0568, the minimum width of a house shall be 25 feel. However, this conflicts with the underlying zoning ordinance, which requires 15 feet half-depth yard setbacks. If enforced, this would limit the structure to a width of just 23 feet. There is insufficient buildable area to conform to the required setbacks of the R-5 zoning and maintain the 25 feet minimum required by the rezoning ordinance. Therefore, Staff is of the opinion that this proposal is reasonable.
- Such conditions are peculiar to the particular piece of property involved. Some of the adjacent lots with the R-5-C designation in the surrounding area have similar conditions concerning to insufficient lot area. Staff is aware that some of the existing lots will conflict with the conditions of the rezoning ordinance and the underlying R-5 zoning regulation. However, the limitation of the building width is peculiar for the subject property due to the lot fronting Martin Street and Haygood Avenue. City code requires a half-depth yard setback of 15 feet for parcels zoned R-5. If the parcel only had one non-conforming frontage of 45 feet the applicant would be able to satisfy the rezoning conditions and underlying R-5 regulations without the need for a variance. Therefore, the location of the property in combination with its non-conforming width is peculiar to the subject property.
- 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. There is no potential impediment on emergency access or threats to health and fire safety because the property has adequate room for the requested development. The request allows an increase in the quality of life without having to relocate to a new neighborhood, which improves and reinforces the sustainability of the community.
NPU RECOMMENDATION: APPROVAL CONDITIONAL
BZA DECISION: APPROVED