V-17-344 for 759 Martin street, S.E. - APPROVED

​DATE: January 11, 2018

The applicant seeks a variance to reduce the north and side yard setback from 5 feet to 3 feet for the construction of a single family dwelling. Applicant seeks no other variances at this time.
FINDINGS OF FACT:
Property Location: The subject property fronts 25 feet on the west side of Martin Street and begins 22() feet from the northwest intersection of Martin Street and Little 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: 40 feet; Minimum lot area: 2,800 square feet.
Minimum yard setbacks: Front yard: 20 feet; Side yards: 5 feet; Rear yard: 5 feet.
06-0-0567: Sec. 2-6(a): The minimum width of a house shall be 20 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 2,500 square feet with 25 feet of frontage along Martin Street. The parcel is currently developed with a single-story single-family residence. The site currently does not have off-street parking. The topography increases approximately 18 feet to the rear of the property. The property contains a portion of 3-foot retaining wall and steps along the front property line. The property is vegetated with multiple shrubs and trees in the rear or the parcel.
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 is a place of religious worship and assembly. Adjacent parcels along Martin Street are zoned R-4B-C (Single-Family Residential Conditional) and are similar in shape and Size to the applicant's property.
               V-17-344        759 Marlin street, S.E.
January I l, 2018 Page 2 of 2
PROPOSAL: The applicant seeks variances to reduce the north and south side yard setbacks from 5 feet to 3 feet and for the construction of a single-family residential structure.
CONCLUSIONS:
The following conclusions pertinent to this request for a variance from the zoning regulations are in accordance with Section 16-26.003 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 subject property does not meet the minimum requirements for properties zoned R-4B. It has 2,500 square feet of land area, which is less than the 2,800 square feet minimum required. It also has 25 feet frontage, which is less than the required 40 feet minimum. The lot has a severe topographical condition where the slope increases approximately 15 feet from the right-of-way at Martin Street to the rear of the parcel. Therefore, staff does find the size, width, and topography of the lot to be of extraordinary and exceptional condition pertaining to this property.
2. The application of the Zoning Ordinance of the City of Atlanta to this particular piece of the 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 was rezoned in April 2006. Per city ordinance 06-0-0567, the minimum width of a house shall be 20 feet. However, this conflicts with the underlying zoning ordinance, which requires 5 feet side yard setbacks. If enforced, this would limit the structure to a width of just 15 feet. There is insufficient buildable area to conform to the required setbacks of the R-4B zoning and maintain the 2() feet minimum required by the rezoning ordinance. Therefore, Staff is of the opinion that this proposal is reasonable.
3. Such conditions are peculiar to the particular piece of property involved. Some of the adjacent lots with the R-4B-C designation in the surrounding area have similar conditions concerning to insufficient lot area. Staff is aware many of the existing lots will conflict with the conditional rezoning and its underlying zoning regulation. However, the existence of similar conditions on adjoining neighborhood properties docs not negate the reasonableness of this 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 north and south side yards, to allow for the proposed construction, reasonable.

RECOMMENDATION: APPROVAL 

JANUARY 11, 2018
STAFF RECOMMENDATION: APPROVAL
NPU RECOMMENDATION: APPROVAL CONDITIONAL
BZA DECISION: APPROVAL