v-17-52 for 348 Kelly Street, S.E. - APPROVED

​DATE:
May I l, 2017 (deferred April 13, 2017)
 


The applicant seeks a variance to reduce the front yard setback from 30 feet to 10 feet, the east side yard setback from 7 feet to 3 feet, the rear yard setback from 15 feet to 3 feet and to increase the maximum lot coverage from 55% to 60% for the construction of a new singlc family dwelling and detached garage. The applicant seeks no other variances at this time.
FINDINGS OF FACT:
The subject property fronts 42 feet on the east side of Kelly Street and begins 97 feet from the southeast intersection of Kelly Street and Memorial Drive. The property is located in Land Lot 53 of the 14th District, Fulton County, Georgia in the Grant Park neighborhood ofNPU-W, Council District l .
Relevant Zonin R uirements:

• The subject property is zoned R-5 (Two Family Residential).
• 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.

Property Characteristics: The lot of 4,037 square feet has a rectangular shape with frontage of approximately 42.5 feet. The property is vacant and wooded with overgrown invasive plant species throughout all yards. Remnants of a retaining wall and stairway are located in the front of the property. A private alleyway is located to the north of the property. Topography is relatively steep rising for several feet in an easterly direction.
Characteristics of Adioining Properties. Neighborhood: There are few lots in the immediate area are of similar size and shape. Lots in the area are developed with one and two story single and multifamily dwellings that appear to encroach into the required yards. Properties to the north, south, and east are zoned R-5 (Two Family Residential). Properties to the west are zoned SPI-22 SA3 (Memorial Drive/ Oakland Cemetery Special Public Interest District Subarea 3 — Capitol Gateway).
V. 17-55 for 348 Kelly Street. S.E.
May 1 1. 2017 Puge 2 of 2
PROPOSAL: The applicant is requesting a variance to reduce the front yard setback from 30 feet to 10 feet, the cast side yard setback from 7 feet to 3 (cet, the rear yard setback from 15 feet to 3 feet and to increase the maximum lot coverage from 55% to 60% tor the construction of a new single family dwelling and detached garage.
CONCLUSIONS: The following conclusions pertinent to this request for n variance from the zoning regulations are in accordance with Sections 16-07.008 (l) (2) (3) & (6) 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 42 feet of street frontage and 4,037 square feet of land area the subject property has 8 feet less frontage and 40 percent less land area than required for properties zoned R-5. The elevation of the lot is very steep and gradually increases in an easterly direction before becoming level in the rear yard. Therefore, stafT finds the narrow shape, small size and steep topography of the lot as 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. Application of the zoning regulations would cause a hardship because the size, shape and topography of the lot create a burden to develop the lot while conforming to the Zoning Ordinance. If relief is not granted, the property owner would be limited to an extremely small developable foot print on the lot or may not be able to develop at all. Therefore, Staff is of the opinion that the encroachments are reasonable and the 5 percent increase in lot coverage is a modest request to attain a living space suitable for the owner, similar in character to adjacent properties.
3. Such conditions are peculiar to the particular piece of property involved. The lot width, area and topography combined are somewhat unique conditions to this property. However, similar non-conforming conditions to what is being proposed on the subject lot can be found on other adjacent and nearby properties and they are no peculiar to the subject property alone. However, the existence of similar conditions does not decrease the desirability of this project.
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 proposed new single family home and detached garage, if granted, would not impair the purposes and intent of the zoning ordinance of the City of Atlanta. If granted, the requested variances would allow the property owner to increase their quality of life by constructing a new home and detached garage. There is no evidence that the proposed encroachments and increase in lot coverage impede the quality of life of adjacent neighbors. In fact the development of a vacant lot is a value to adjacent neighbors in terms of enhanced property evaluations in the neighborhood. The proposal does not appear to be a detriment to the public good.

STAFF RECOMMENDATION: APPROVAL
NPU RECOMMENDATION: APPROVAL
​BZA DECISION: APPROVED