The applicant seeks a variance reduce the half-depth front yard setback from 17.5 feet to 8 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 50 rect on the wcqt sidc of Moreland Avenue and begins at the southwest intersection of Moreland Avenue and Lyndale Drive. The property is located in Land Lot 10 of the 14111 District, Fulton County, Georgia within the Ormewood Park neighborhood of NPU-W, Council District 1.
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.
Property Characteristics: The subject property is a rectangular shaped lot with an area of approximately 10,000 square feet and 50 feet of frontage along Moreland Avenue. The parcel is currently developed with a one-story single-family residence. The off-street parking is accessed from Lyndale Drive by a concrete driveway to the west of the primary structure. The topography of the lot is relatively level. The property is vegetated with multiple shrubs and trees in the front and rear.
Characteristics of Adjoining Properties. Neighborhood: Parcels in the area are developed with single-family detached residential struciures that vary in shape and size. The majority of the properties in the area carry an R-4 (Single-Family Residential) zoning with single family residential land use designation.
V-18-02 ror 989 Moreland Avenue, S.E.
March 8, 2018
Page 2 of 2
PROPOSAL: The applicant seeks a variance Trom zoning regulations to reduce the half-depth front yard setback from 17.5 feet to 8 feel in order to construct an addition to an existing singlefamily dwelling. The current single-family structure currently encroaches into the required setbacks. The proposed development will align with the current structure while not increasing the existing non-conformities.
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. a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size. shape. or topography. The subject parcel does not conform to standards for properties zoned R-4. The property contains frontage of 50 feet which is less than the 70-foot minimum requirement. Therefore, staff does find the width of the subject 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 unnecessar v h ardship. Application of the zoning regulations would cause an unnecessary hardship because the lot was configured prior to the establishment of the zoning ordinance. The lot's non-conforming width reduces the amount of buildable area within the required setbacks. The current structure encroaches into the northern half-depth side yard by 9.5 feet. The proposed addition will not increase the current encroachment. Applying the current zoning ordinance for R-4 to this property would cause hardship by preventing reasonable redevelopment to an existing single-family lot. Therefore, Staff is of the opinion that the request is reasonable.
- Such conditions are peculiar to the particular piece of property involved. The lot width is not unique to the subject property. Many of the parcels were developed prior to the establishment of the zoning ordinance and have similar conditions concerning to insufficient lot area or conforming lot configuration. However, the existing encroachment is peculiar as staff has not evaluated the existence of similar encroachments on adjacent properties. 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 or impair the purpose and intent of the zoning ordinance. There is no potential impediment on emergency access or threats to health and fire safety because the property has adequate room for the new build as it will reduce lot coverage compared to the current structure. The proposal promotes desirable living conditions and reinforces the stability of the surrounding neighborhood by making improvements on an existing non-conforming property, which improves and reinforces the sustainability of the community.
NPU DECISION: APPROVAL
BZA DECISION: APPROVED