Archive for Variances – Past, 2009

Petition V-4, 2009

Search Tags <Maureen O’Shea, Bill Ervin, R-15, Waterhaven Drive, Bishop Lake Road, rear setback>
Maureen A. O’Shea, LLC, 770-552-0822, represented by Bill Ervin, 770-980-1213, requests waiving the rear setback on lot 7 from the required 30 feet to 16 feet
Property is located on the west side of Waterhaven Bend, west of Bishop Lake Road (4780 Waterhaven Bend); 1st District, Land Lot 60, Parcel 71.
Size of tract is 0.37 acres or 16,465 s.f.
Present zoning is R-15 (15,000 s.f. lots)
Contiguous zoning is:
North: R-15 (Ridge at Easthampton subdivision);
East: R-15 (Ridge at Easthampton subdivision);
South: R-15 (Ridge at Easthampton subdivision);
West: R-20 (Chadds Walk subdivision).
Land use category: Low Density Residential (LDR)
Case manager is Don Farrell
BZA board member is Christi Trombetti
Reason: Enclosure for Pool area, desire to use in winter time, to keep area clean and added safety.
Staff Comments: 
ECCA position:  No Action. (there seem to be a variety of opinions on this case).
Cobb Zoning said the current ordinance would not allow the construction of any structure within the 35 foot rear setback, whether attached or unattached, or whether 12’ x 12’ or smaller.
This request has the support of the neighbors and does not appreciably exceed maximum impervious surface area.
Pool already exists and was added after the house was built in 1999. Applicant has signed statements from neighbors and homeowners association expressing consent. 
Maximum impervious surface % allowed: 35% (5,765 s.f.)
Maximum impervious surface % planned: Unknown
BZA Action HOLD for 30 days. Meet with county arborist to discuss landscaped buffer and landscape plan to be approved by county arborist.

Petition V-5, 2009

Search Tags <Thomas Rainey, R-20, Idlewood Road, Princeton Lane, side setback>

 Thomas L. Rainey, LLC, 770-973-8222, representing himself, requests waiving the side setback on lot 8 from the required 10 feet to 4 feet adjacent to the western property line.
Property is located on the north side of Idlewood Road, east of Princeton Lane (2775 Idlewood Road); 16th District, Land Lot 480, Parcel 12.
Size of tract is 0.5 acres or 20,965 s.f.
Present zoning is R-20 (20,000 s.f. lots)
Contiguous zoning is:
North: R-20 (Mountain View [county] subdivision);
East: R-20 (Mountain View [county] subdivision);
South: R-20 (Mountain View [county] subdivision);
West: R-20 (Mountain View [county] subdivision);
Land use category: Low Density Residential (LDR)
Case manager is Robert Morgan
BZA board member is Christi Trombetti
Reason: Existing home has no garage or carport. Owner desires to add garage to be like-kind with adjacent homes and in keeping with neighborhood. Garage in front of house would cross building line and be uncharacteristically close to road in relation to neighboring homes. Garage on right side or rear of home interferes with existing septic system. Left side of house location for garage is best choice but crosses assumed 10 foot lot line. Neighbor on that side approves location of garage. Variance requested to allow right rear corner of proposed garage to cross into 10 foot side lot line.
Staff Comments: 
ECCA position:  OPPOSESupport staff comments and recommendations to relocate the proposed garage to the front of the original garage.
Maximum impervious surface % allowed: 35% (7,340 s.f.)
Maximum impervious surface % planned: Unknown
BZA Action: HOLD for 30 days. Applicant to meet with county departments to address their comments and recommendations. Applicant willing to pipe stormwater from left side of house and proposed garage to drain in center of front setback.

Petition V-7, 2009

Search Tags <Gary Conrad, Steve Sharp, PD, Bridgegate Drive, Bridgegate Cove, rear setback>

 Gary Conrad, 770-579-8753, represented by Steve Sharp, 770-608-3933, requests waiving the rear setback on lot 23 from the required 35 feet to 22 feet.
Property is located on the east side of Bridgegate Drive, south of Bridgegate Cove (929 Bridgegate Drive); 16th District, Land Lot 984, Parcel 30.
Size of tract is 0.136 acres or 5,820 s.f.
Present zoning is PD (minimum 8,400 s.f. lots)
Contiguous zoning is:
North: PD (Bridgegate subdivision);
East: R-15 (Ashbrooke subdivision);
South: PD (Bridgegate subdivision);
West: PD (Bridgegate subdivision)).
Land use category: Low Density Residential (LDR)
Case manager is Jill Flamm
BZA board member is Kim Swanson
Reason: My wife is allergic and sensitive to mosquitoes. We just want to be able to use the backyard. We just want to make our existing deck into a screened-in porch so we can use our backyard..
Staff Comments: 
ECCA position:  No ActionWhile tract appears to exceed impervious surface limits for comparable zoning categories, the “PD” zoning does not limit impervious surface percentage.
Variance does not appear to be properly posted when the case manager visited the site.
Maximum impervious surface % allowed: 35% (2,037 s.f.)
Current impervious surface % (GIS measurement): 48% (2,780 s.f.)
Maximum impervious surface % planned: Unknown
BZA Action APPROVED. Porch can be roofed and screened, but cannot be heated or cooled.

Petition V-8, 2009

Search Tags <Christopher, Mary Fair, R-20, Westbury Park Trace, Paper Mill Road, rear setback>

Christopher Fair & Mary Fair, 678-477-3061, representing themselves, request waiving the rear setback for an accessory structure (proposed 640 square foot pool cabana) on lot 4 from the required 40 feet to 18 feet.
Property is located on the west side of Westbury Park Trace, north of Paper Mill Road (460 Westbury Park Trace); 17th District, Land Lot 1043, Parcel .
Size of tract is 0.6921 acres or 30,150 s.f.
Present zoning is R-20 (20,000 s.f. lots)
Contiguous zoning is:
North: R-80 (single family residence), R-20 (Westbury Park (?) subdivision);
East: R-20 (Westbury Park (?) subdivision);
South: R-20 (Westbury Park (?) subdivision);
West: R-40 (single family residence), R-40 (single family residence).
Land use category: Low Density Residential (LDR)
Case manager is Mike Gerrits
BZA board member is Kim Swanson
Reason: In the event of non approval, .we feel that we would not be able to construct an appropriate safety barrier for unintended usage of the pool. The intended structure will allow also assist in the reduction of “noise” to neighboring homes. Without this variance, we believe some neighbors might be inconvenienced. This is due to our restrictive site locations. Encroachment upon rear setback for open-area structure.
Staff Comments: 
ECCA position:  We support the position taken by the Chattahoochee Plantation Homeowners Association. Applicant must meet all staff comments and recommendations.
Maximum impervious surface % allowed: 35% (10,555 s.f.)
Maximum impervious surface % planned: Unknown
BZA Action: HOLD for 30 days. Applicant to meet with Stormwater Management to address the control of runoff from adjacent tracts through the tract and to the subdivision detention facility. Original plat showed a stormwater easement across the rear of the property and running in the same area occupied by the swimming pool. Applicant’s architect says the stormwater channel is not needed. 
County attorney questions whether the BZA can reduce the setbacks to make the construction of the swimming pool and cabana possible (may need a rezoning to do so).

Petition V-9, 2009

Search Tags <Debra Pruett, R-20, Bedell Road, Alabama Drive, side setback, rear setback>

 Debra Lynn Pruett, 770-442-8410, representing herself, requests:
  1. Waive the side setback for the principal structure from the required 10 feet to 8 feet (existing); and
  2. Waive the side setback for an accessory structure over 144 square feet from the required 10 feet to 5 feet adjacent to the southern property line, and the rear setback from the required 35 feet to 8 feet on lot 4.
Property is located on the west side of Bedell Road, east of Alabama Drive (4895 Bedell Road, Bernham Woods subdivision); 16th District, Land Lot 38, Parcel 22.
Size of tract is 0.458 acres or 19,950 s.f.
Present zoning is R-20 (20,000 s.f. lots)
Contiguous zoning is:
North: R-20 (Bernham Woods subdivision);
East:  R-20 (Bernham Woods subdivision);
South:  R-20 (Bernham Woods subdivision);
West:: R-20 (Bernham Woods subdivision).
Land use category: Low Density Residential (LDR)
Case manager is Tanya Roberts
BZA board member is Christi Trombetti
Reason: When purchased, my property had an existing 12’ x 32’ concrete pad, with a 12’ x 22’ storage shed already constructed. Over time, the supports of the existing shed became termite damaged. Because it would not change the existing footprint or require additional foundation, I began repairs and to extend the roof over the existing pad. Without the variance, I will not be able to complete the 120 square foot extension of my storage shed..
Staff Comments: 
ECCA position:  No action. The adjacent neighbors have no problem with the variance request.  The footprint of the property will not increase, applicant merely wants to extend the roof to cover an existing concrete pad.
Maximum impervious surface % allowed: 35% (6,985 s.f.)
Maximum impervious surface % planned: Unknown
BZA Action APPROVED, with stipulations:
  • Approval for this structure only
  • Exterior finish to be complementary to house
  • No business or living use or improvements
  • Only for storage and personal use
  • All staff comments and recommendations

Petition V-10, 2009

Search Tags <East Cobb Building Partnership, GC, Roswell Road, Robinson Road, rear setback, FAR, parking, parking space depth, sign setback>

 East Cobb Building Partnership, 770-753-9800, represented by Scott W. Peters, 404-681-3450, requests:
  1. Waive the rear setback from the required 30 feet to 19 feet (existing);
  2. Waive the floor area ratio from a maximum of 0.25 to 0.36;
  3. Waive the number of parking spaces from the required 60 spaces to 36;
  4. Waive the design standards for parking spaces to allow a depth of 16.5 feet from the required 19 feet; and
  5. Waive the setback for a sign from the centerline of a major collector road from 52 feet to 30 feet.
Property is located on the southeasterly intersection of Roswell Road and Robinson Road (2156 Roswell Road); 16th District, Land Lot 1029, Parcel 22.
Size of tract is 0.885 acres or 38,550 s.f.
Present zoning is GC (minimum 20,000 s.f. lots)
Contiguous zoning is: North: CRC, GC; East: NS; South: NS; West: GC.
Land use category: Community Activity Center (CAC)
Case manager is Abby Shiffman
BZA board member is Kim Swanson
Reason: Please see attached variance explanation letter.
Staff Comments: 
ECCA position:  OPPOSE, for the purpose of presenting comments. 
Applicant should be notified that no further variances will be entertained by the BZA. The site is “maxed-out” and no enlargement of the building or more intensive use will be allowed.
  • Rear yard setback has been cut in half
  • Parking space depth reduced by 12%
  • Number of parking spaces reduced by 40%
  • F.A.R. exceeded by 44%
We know of no other tract that has this number and severity of variances. Were it not for the planned improvements to Roswell Road we would strongly oppose these variances.
Maximum impervious surface % allowed: 70% (26,985 s.f.)
Maximum impervious surface % planned: Unknown
BZA Action: Approved, subject to stipulation letter.

Petition V-11, 2009

Patrick M. Magrum, 678-591-6803, representing himself, requests the waiver of the side setback on lot 33 from the required 40 feet to 20 feet adjacent to the eastern property line.

Property is located on the east side of Chattooga Trail, east of Nantahala Trail (3975 Chattooga Trail, Indian Ridge subdivision); 16th District, Land Lots 903 and 904, Parcel 43.
Size of tract is 0.67 acres or 29,185 s.f.
Present zoning is RA-4 (8,400 s.f. lots, minimum)
Contiguous zoning is:
North: RA-4 (Greyson Park subdivision);
East: CRC (Providence Square shopping center);
South: CRC (Providence Square shopping center);
West: RA-4 (Indian Ridge subdivision).
Land use category: Low Density Residential (LDR) immediately adjacent to Merchants Walk Community Activity Center (CAC).
Case manager is Trish Steiner
BZA board member is Kim Swanson
Reason: To build a storage shed. Due to the shape of the property and hill in the back cor-(ner) I am requesting that the property setback line from 40 feet be moved to 20 feet.
Staff Comments: 
ECCA position:  Not available yet
Maximum impervious surface % allowed: 40% (11,675 s.f.)
Maximum impervious surface % planned: Unknown
BZA Recommendation: Not available yet.

Petition V-13, 2009

James & Dianna Wagner, 770-973-2792, representing themselves, request the waiver of the rear setback on lot 28 from the required 35 feet to 12 feet.

Property is located on the northeast intersection of Oak Glen and Riverhill Road (354 Oak Glen, Riverhill subdivision); 1st District, Land Lot 146, Parcel 45.
Size of tract is 0.5 acres or 21,780 s.f.
Present zoning is R-20
Contiguous zoning is: North: R-20 (Riverhill subdivision); East: R-20 (Riverhill subdivision); South: R-20 (Riverhill subdivision); West: R-20 (Riverhill subdivision).
Land use category: Low Density Residential (LDR)
Case manager is Marvin Shams
BZA board member is Kim Swanson
Reason: This variance is need in order for the shed to be built.
Staff Comments: 
ECCA position:  Not available yet.
Maximum impervious surface % allowed: 35% (7,625 s.f.)
Maximum impervious surface % planned: Unknown
BZA Action Not available yet.

Petition V-17, 2009

Search Tags <Derik Rodgers, R-20, Robin Lane, Freydale Road, room addition>

 Derik Rogers.678-990-5656, representing himself, requests the following: 1)Waive the rear setback on lot 6 from the required 35 feet to 29 feet; 2)waive the side setback adjacent to the north property line from 10 feet to 8 feet (for existing carport); 3)waive the side setback for an accessory structure (existing sheds 1 and 2) from 5 feet to 1 foot; and 4) allow an accessory structure to the side of the primary structure for shed 1.
Property is located on the west side of Robin Lane, south of Freydale Road (488 Robin Lane); 17th District, Land Lot 791, Parcel 106.
Size of tract is 0.276 acres
Current zoning: R-20
Contiguous zoning is: North: R-20 (Red Oak Park subdivision); East: R-20 (Red Oak Park subdivision) South: R-20 (Red Oak Park subdivision); West R-15 (Red Oak Park subdivision).
Current land use is Low Density Residential.
Case manager is Roger Phelps
Planning Commissioner is Kim Swanson
District Commissioner is Bob Ott
Reason: Additional room needed to provide space to care for aging Father/stroke victim
Staff Comments:
Please click for Final Variance Analysis
Staff recommends not available yet.
ECCA position: NO ACTION.
Board of Zoning Appeals Action:  Approve 5-0

Petition V-19, 2009

Search Tags <Kevin Kremer, R-15, Windsor Drive, Windsor Trace, garage addition, existing sheds

 Kevin Kremer 678-494-0110, representing himself, requests to waive the rear setback on lot 20 from 30 feet to 15 feet.
Property is located on the northeast intersection of Windsor Drive and Windsor Trace (4481 Windsor Trace); 16th District, Land Lots 169 &170, Parcel 56.
Size of tract is 0.47 acres
Current zoning: R-15
Contiguous zoning is: North: R-15 (Stockton Place subdivision); East: R-15 (Stockton Place subdivision); South: R-15 (Stockton Place subdivision); West: R-15 (Stockton Place subdivision).
Current land use is Low Density Residential.
Case manager is Tanya Roberts
Planning Commissioner is Christi Trombetti
District Commissioner is Tim Lee
Reason: Extension of garage over existing driveway 8 feet.
Staff Comments:
Please click for Final Variance Analysis
Staff recommends: Not available
ECCA position: NO ACTION
Board of Zoning Appeals Action:  Approval 5-0.