FINDINGS OF FACT:
Property Location: The subject property fronts approximately 50 feet on the west side of Woodland Avenue and begins 550 feet from the southwest intersection of Woodland Avenue and Eden Avenue. The property is located in Land Lot 47 of the 14th District, Fulton County, Georgia within the Ormewood Park neighborhood ofNPU-W, Council District I .
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 yards: 7 feet; Rear yard: 15 feet.
Characteristics of Adioining Properties. Neighborhood: Parcels in the area are developed with single-family detached residential structures that appear to encroach into the required yard setbacks. All immediate properties within the area carry an R-4 (Single-Family Residential) zoning designation. Adjacent parcels are relatively the same shape as the applicant's property but some vary in size.
V-17-76 for 953 Woodland Avenue, S.E.
May I l , 2017
Page 2 of2
PROPOSAL: The applicant's intent is to construct a second story to u single-family structure.
CONCLUSIONS: The following conclusions pertinent to this request for a variance from the zoning regulations are in accordance with Section 16-26.003 or 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 has a frontage of 50 feet which is less than the 70 foot minimum requirement for properties zoned R-4. It has a total lot area of 19,951 square feet which is a more than the minimum 9,000 square feet required. The topography of the property decreases in slope approximately 25 feet from the right-of-way at Woodland Avenue to the rear of the property. This decrease in elevation is due to the stream that is located at the rear of the property. This requires a
- The application of the Zoning Ordinance of the City of Atlanta to this particular piece of ro e would create an unnecessa hardshi . Application of the zoning regulations would cause an unnecessary hardship because of the lot's width and stream buffer at the rear which creates a lack of buildable area within the required setbacks. The applicant is proposing to construct and build a second story on top of the current structure that currently encroaches into the front and side yard setbacks. The proposed addition will not increase the encroachment on the side yard setback. The development will actually reduce the front yard encroachment from 23 feet to the proposed 32 feet with the removal of the existing porch. Therefore, Staff is of the opinion that the encroachment is reasonable.
- Such conditions are peculiar to the particular piece of property involved. The lot width, topography and required adherence to the stream buffer are not unique to the subject property because of the areas elevation and location the stream. Also many of the parcels were developed prior to the establishment of the zoning ordinance. However, the existence of similar conditions on adjoining properties does not negate the desirability of the proposal.
- 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 addition. 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.
STAFF RECOMMENDATION: APPROVAL
NPU RECOMMENDATION: APPROVAL
BZA DECISION: APPROVED