V-17-360 for 935 Alloway Place, S.E. - APPROVAL

​DATE: February 8, 2018

The applicant seeks a variance to reduce the north side yard setback from 7 feet to 3.1 feet for the construction of an addition to an existing single family dwelling. Applicant seeks no other variances at this time.
FINDINGS OF FACT:
Property Location: The subject property fronts 49 feet on the west side of Alloway Place and begins 199 feet from the northwest intersection of Alloway Place and Ayr Street. 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 (Single Family Residential).
Minimum lot dimensions: Frontage: 70 feet; Minimum lot area: 9,000 square feet.
Minimum yard setbacks: Front yard: 35 feel; Side yards: 7 feet; Rear yard: 15 feet.
Property Characteristics: The subject property is approximately 8,302 square feet with approximately 49 feet of frontage along Alloway Place. The property is developed with a nonconforming I-story single-family dwelling. Vehicular access to the property is provided by a concrete driveway on the east side of the house. The yard is landscaped with grasses, trees and shrubs. There are couple of mature trees in throughout the property.
Characteristics of Adjoining Properties. Neighborhood: Lots in the surrounding area vary in size and shape. Parcels surrounding the property are developed with single-family detached homes with R-4 (Single-Family Detached Residential) zoning district.
                   V. 17-360       935 Allowuy Pluce, S.E.
February 8, 2()18 Page 2 of 2
PROPOSAL: The applicant is requesting a variance to reduce the north side yard setback from 7 feet to 3.'1 feet for the construction ol' an addition to an existing single family dwelling.
CONCLUSIONS:
The following conclusions pertinent to this request for a variance from the zoning regulations are in accordance with Section (2) 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. With the lot area of 8,302 square feet and lot width of 49 feet, the subject property has less lot area and frontage than required for the property zoned R-4. The topography is relatively level with slight incline of approximately 6 feet towards the rear property line. Therefore, staff finds the lot width and area to be an extraordinary and exceptional conditions pertaining to this property.
2. The application of the Zoning Ordinance of the City of Atlanta to this particular piece of property would create an unnecessary hardship. The existing residence encroaches upon the north side yard by approximately 3 reel J l inches. The applicant proposes the rear onestory addition of approximately 94() square [cet that would not encroach further into the north side yard setback. The rear addition will follow the same site lines as the existing dwelling. The proposed addition will allow for the master bedroom and a bath, a larger kitchen and a den with side entrance. Therefore, Staff is of the opinion that application of the zoning regulations would cause a hardship by requiring the demolition of [he existing nonconforming structure, preventing a reasonable modification to an existing single-family residence.
3. Such conditions are peculiar to the particular piece of property involved. The encroachments are peculiar as Staff has not evaluated other structures and is unaware of adjacent properties with similar encroachments. However, the existence of similar conditions on adjoining neighborhood properties does not negate the desirability of the 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 requested variance for the a rear addition to a single family dwelling If granted, would not impair the purposes and intent of the zoning ordinance of the City of Atlanta or cause detriment to the public good. The rear addition will not encroach any further into the setback than the existing frame of the building. If granted, the requested variance would allow the residents of the property to increase their quality of life by improving the livable space of the home. There is no evidence that the existing encroachment impedes the quality of life of adjacent neighbors, and the proposal does not appear to be a det r iment to the public good.

RECOMMENDATION: APPROVAL

FEBRUARY 8TH, 2018
STAFF RECOMMENDATION: APPROVAL
NPU RECOMMENDATION: APPROVAL
BZA DECISION: APPROVAL