The applicant seeks a variance to reduce the south side yard setback from 7 feet to 5.95 feet and the front yard setback from 35 feet to 30 feet for an addition to an existing single family dwelling. Applicant seeks no additional variances at this time.
FINDINGS OF FACT:
Property Location: The subject property fronts 56 feet on the west side of Ormewood Terrace and begins 54 feet from the northwest intersection of Ormewood Terrace and Delmar Avenue. The property is located in Land lot 11 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 non-conforming rectangular shaped lot of approximately 11,630 square feet and 56 feet of frontage along Ormewood Terrace. The lot is currently developed with a one-story single-family residence. Vehicular access to the property is provided by a concrete driveway to the east of the residence from Ormewood Terrace. There are couple of mature trees in the front yard and the rear yard.
Characteristics of Adioining Properties. Neighborhood: Lots in the immediate area vary in shape and size. They are developed with one and two story single-family dwellings. Properties in the immediate area are zoned in the R-4 (Single-Family Residential) district.
835 Ormewood Terrace, S.E.
The applicant seeks from zoning regulations to reduce the south side yard setback from 7 feet to 5.95 feet and the front yard setback from 35 feet to 30 feet for the construction of rear and second story addition.
CONCLUSIONS: The following conclusions pertinent to this requeqt for a variance from the zoning regulations are in accordance with Section and 16-06.008 of 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. With a lot width of 56 feet, the subject property has inadequate frontage as prescribed by the Zoning Ordinance for properties zoned within the R-4 district. Therefore, Staff considers the subject property to satisfactorily meet this criterion, because the extraordinary and exceptional lot conditions directly cause a hardship that could be alleviated by granting the requested variances.
- 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 an unnecessary hardship because of the deficiency in width and the existing encroachment into the east and north side yard setback. The existing house has an existing encroachment which sits approximately I foot from the south side property line and 30 feet from the front property line. The proposal is to expand the footprint of the house which is currently 920 square feet. Application of side and front yard setback regulation would not leave adequate space for the construction of reasonable expansion of living space. Therefore, Staff is of the opinion that the requested setback reduction is reasonable.
- Such conditions are peculiar to the particular piece of property involved. The encroachments are peculiar as Sta s 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.
- 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 reduce from the use and enjoyment of the surrounding properties. The proposed side and front yard variance also further the purposes and intent by maintaining the existing neighborhood fabric that pre-dates the zoning code. The proposed addition does not affect fire safety, panic or other dangers as well as negatively impact light, air and drainage between the properties in question. StafT finds the variance to allow the construction reasonable.
STAFF RECOMMENDATION: APPROVAL
NPU RECOMMENDATION: APPROVAL
BZA DECISION: APPROVED