Archive for Variances – Past, 2010

Petition V-85 (2009)

Search Tags <Platinum Auto SPA, Inc, CRC, Johnson Ferry Road, Lower Roswell Road, Canopy>

Platinum Auto SPA, Inc. 678-560-5060, represented by Robert Burrows, 678-560-5060, requests to waive the front setback from the required 50 ft. to 18 ft.

Property is located on the west side of Johnson Ferry Road, north Lower Roswell Road (1075 Johnson Ferry Road); 1st District, Land Lot 67, Parcel 4.

Size of tract is 0.793 acres

Current zoning: CRC

Contiguous zoning is:  North: CRC; East: RSL; South: R-20 (Johnson Ferry Baptist Church); West R-20 (Johnson Ferry Baptist Church).

Current land use is Low Density Residential

Case manager is Trish Steiner
Zoning Appeals Commissioner is Kim Swanson

Reason:  Canopy for workers

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ECCA position:  Oppose.  Applicant was told to come back with major changes to the application over a year ago.  He has not done so. The only hardship presented in this case is that he is trying to do too much on this property.  This case should be denied.

Board of Zoning Appeals Action (Nov):  Continued until May 2010,

Board of Zoning Appeals Action (May): Withdrawn by staff, not needed.

Petition V-2

Jerry & Loretta Tennison. 770-364-1600, representing themselves, request to:

  1. Waive the rear setback from the required 35 ft. to 20ft; and
  2. Waive the setback for an accessory structure (existing 13 ft. shed) from the required 5 ft. to 3 ft. adjacent to the western property line and from the required 5 ft. to 4 ft. adjacent to the rear property line.

Property is located on the north side of Little Willeo Road, west of Karls Gate (1353 Little Willeo Road); 1st District, Land Lot 90, Parcel 50.

Size of tract is 0..484 acres

Current zoning: R-20

Contiguous zoning is:  North: R-20 (Princeton Walk Subdivision); East: R-15 (Camden Place Subdivision); South: R-15 (Camden Place Subdivision); West R-20 (Princeton Walk Subdivision).

Current land use is Low Density Residential

Case manager is Jill Flamm
Zoning Appeals Commissioner is Kim Swanson

Reason:  Screened in Porch

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ECCA position:  No Action 

Board of Zoning Appeals Action:  Approved 5-0

Petition V-3

Search Tags <J.W. Thompson, R-30, Wingard Drive, Mountainview Drive, Carport>

J. W. Thompson. 770-597-8139, representing himself, requests to:

1) Allow an accessory structure to the side and front of the primary structure and waive the side setback for said structure from the required 12 ft. to 5 ft. adjacent to the southern property line, and the front setback from the required 45 ft. to 35 ft,; and

2) Waive the side setback for an existing shed from the required 12 ft. to 1 ft. adjacent to the southern property line and the rear setback from the required 40ft. to 36 ft. on lot 20.

Property is located on the west side of Wingard Drive, north of Meadowview Drive (1787 Wingard Drive); 16th District, Land Lots 776 & 809, Parcel 24.

Size of tract is .5 acres

Current zoning: R-30

Contiguous zoning is:  North: R-30 (Hasty Meadows Subdivision); East: R-30 (Hasty Meadows Subdivision); South: R-30 (Hasty Meadows Subdivision); West: R-30 (Hasty Meadows Subdivision)

Current land use is Low Density Residential.

Case manager is Roger Phelps
Zoning Appeals Commissioner is Christi Trombetti

Reason:  Carport on side of house

Staff Comments:

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ECCA position:  No Action

Board of Zoning Appeals Action (Jan): Hold for 30 days

Board of Zoning Appeals Action (Feb): Approve subject to landscape plan. 5-0

Petition V-4

Search Tags <Richard Feis, R-15, Chelsea Landing Way, Johnson Ferry Road, Breakfast Room & Deck>

Richard Feis, 404-271-2722, representing himself, requests to waive the rear setback form the required 40 ft. to 26 ft. on lot 5.

Property is located on the south side of Chelsea Landing Way, east of Johnson Ferry Road (2360 Chelsea Landing Way); 16th District, Land Lot 681, Parcel 67.

Size of tract is: .5 acres

Current zoning: R-15

Contiguous zoning is:  North: R-15 (Lexington Subdivision); East: R-15 (Lexington Subdivision); South: R-20 (Chadds Ford Subdivision); West R-15 (Lexington Subdivision).

Current land use is Low Density Residential

Case manager is Trish Steiner
Zoning Appeals Commissioner is Christi Trombetti

Reason:  Breakfast Room and Deck

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ECCA position:  Oppose Bad Precedent for subdivision that no houses have been sold. As the house is not built yet, plan can be changed for a different type of house.  No other variances granted in future

Board of Zoning Appeals Action: Approved 5-0.  Covered porch moved so  variance is for small area of house only.

Petition V-6

Search Tags <Erin Poole, R-20, East Bank Drive, Jackson Point, addition>

Erin Poole, 770-993-6447, representing herself, requests to waive the rear setback from the required 35 ft. to 31 ft.

Property is located on the northwest intersection of East Bank Drive and Jackson Point (2401 Jackson Point); 1st District, Land Lots 209 & 228, Parcel 43.

Size of tract is: .46 acres

Current zoning: R-20

Contiguous zoning is:  North: R-20 (Jackson Creek Subdivision) ; East: R-20 (Jackson Creek Subdivision); South: R-20 (Jackson Creek Subdivision); West: R-20 (Jackson Creek Subdivision).

Current land use is Low Density Residential

Case manager is Jill Flamm
Zoning Appeals Commissioner is Christi Trombetti

Reason:  Addition

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ECCA position:  No Action

Board of Zoning Appeals Action:  Approved 5-0 for corner of the room only.

Petition V-8

Search Tags <Gale S. Koven, R-80, Paper Mill Road, Atlanta Country Club Drive, Garage>

Gale S.Koven. 770-971-2880, represented by Robert P. Koven, 770-971-2880, requests to:

1)   Waive the rear setback from the required 50 ft. to 35 ft; and

2)   Waive the side setback from the required 25 ft. to 22 ft.

Property is located on the south side of Paper Mill Road, west of Atlanta Country Club Drive (4398 Paper Mill Road); 16th District, Land Lot 1260, Parcel 13.

Size of tract is 2.38 acres

Current zoning: R-80

Contiguous zoning is:  North: R-80 (Chattahoochee Plantation Estates Subdivision); East: R-80 (Chattahoochee Plantation Estates Subdivision); South: R-30 (Cording Subdivision); West R-80 (Chattahoochee Plantation Estates Subdivision).

Current land use is Low Density Residential

Case manager is Mike Gerritts
Zoning Appeals Commissioner is Kim Swanson

Reason:  Replacement Garage

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ECCA position:  Approve with stipulations that not to be used as an apartment, business and site plan specific. 

Board of Zoning Appeals Action:  Approved with stipulations listed above 5-0

Petition V-9

Search Tags <Madison Hills, LLC., R12, OI, CF, Delk Road, Powers Ferry Road, Redevelopment>

Madison Hills, LLC. 404-949-0180, represented by Margaret Stagmeier, 404-949-0180 requests to waive the size of this site from the required 50 acres to allow applicant to file for rezoning to PVC.

Property is located on the south side of Delk Road, west of Powers Ferry Road (2560 Delk Road); 17th District, Land Lots 799,800,856 &857, Parcel 3.

Size of tract is 37.57 acres

Current zoning: RM-12, OI, CF

Contiguous zoning is:  North: CF; East: CF; South: RM-12; West: CF

Current Land Use: High Density Residential.

Case manager is Eric Jacobson
Zoning Appeals Commissioner is Kim Swanson

Reason:  Redevelopment

Staff Comments:

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ECCA position:  Not Applicable

Board of Zoning Appeals Action: Case Withdrawn by applicant

Petition V-12

Search Tags <Matthew Quinlan, R-20, Hampton Lake Drive, Charlsie Drive, Remodel Kitchen>

Matthew Quinlan 404-887-2701, representing himself, requests to waive the rear setback form the required 35 ft. to 26 ft. on lot 24.

Property is located on the south side of Hampton Lake Drive, west of Charlsie Drive (5002 Hampton Lake Drive); 1st  District, Land Lot 142, Parcel 23.

Size of tract is: .6 acres

Current zoning: R-20

Contiguous zoning is:  North: R-20 (Hampton Lake Subdivision); East: R-20 (Hampton Lake Subdivision); South: R-20 (Northchester Heights Subdivision); West R-20 (Hampton Lake Subdivision).

Current land use is Low Density Residential

Case manager is Steve Markey
Zoning Appeals Commissioner is Kim Swanson

Reason:  Remodel Kitchen

Please click for Preliminary Variance Analysis

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ECCA position:  No Action, stipulate site plan specific

Board of Zoning Appeals Action:  Approved 5-0 site plan specific

Petition V-62

Search Tags <Homes of Elegance LLC, R-20, Heath Hollow Lane, Heathermore Hill, existing porch and house>

Homes of Elegance, LLC, 770-509-2557, represented by Virginia Wagner, 404-545-9694, requests 1)waive the rear set back from 35 feet to 29 feet on Lot 13; and 2)  waive the allowable impervious surface from 35% to 49% for an existing porch and house.

Property is located on the northwest intersection of Heath Hollow Lane and Heathermore Hill, (5105 Heath Hollow Lane,) in District 1, Land Lots 134 & 166, Parcel 59

Size of tract is .04591 acres

Current zoning: R-20

Contiguous zoning is:  North: R-20 (Heathermoor Subdivision); South: R-20 (Heathermoor Subdivision); West: R-20 (Heathermoor Subdivision); East: R-20 (Heathermoor Subdivision)

Future Land Use: Low Density Residential

Case Manager is Marvin Shams

Zoning Appeals and Variances Commissioner is Christi Trombetti

Reason:  Existing porch and house

Staff Comments:

Please click for Preliminary Variance Analysis

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ECCA position:  Oppose, there is no hardship due to the land. Concerned about the precedent set by allowing the applicant to go over the amount of allowable impervious surface by 40%.

Board of Zoning Appeals and Variances Action (Aug): Hold for 30 days to see if additional land may be purchased.

Board of Zoning Appeals and Variances Action (Sept): Hold for 30 days 3-2. Applicant did not show up.

Board of Zoning Appeals and Variances Action (Oct): Hold for 30 days

Board of Zoning Appeals and Variances Action (Nov): Approve 5-0 subject to staff comments and stipulation letter dated 10/29/10.

Petition V-86

Search Tags <Monica and Ric Robinson, R-20, Rugar Drive, Mossburg Court, existing shed>

Monica and Ric Robinson, 770-592-8018, representing themselves, requests 1) allow an accessory structure to the side of the primary structure; 2) waive the side setback for said structure from the required 10 ft. to 2 ft. to the northern property line; and 3) waive the side setback adjacent to the south property line from 10’ to 9’  for an existing shed.Property is located on the west side of Ruger Drive, west of Mossburg Court (2480 Ruger Court,) in District 16, Land Lot 122, Parcel 19.

Size of tract is .516acres

Current zoning: R-20

Contiguous zoning is:  North: R-20 (Hunters Valley Subdivision); South: R-20 (Hunters Valley Subdivision); West: R-20; East: R-20 (Hunters Valley Subdivision)

Future Land Use: Low Density Residential

Case Manager is Roger Phelps

Zoning Appeals and Variances Commissioner is Christi Trombetti

Reason:  Existing shed

Staff Comments:

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ECCA position:  No Action While there is no hardship, the shed does fit in well with the house. We do not know if this was the result of a neighbor complaint.

Board of Zoning Appeals and Variances Action: Deny items 1 & 2. Applicant has 60 days to come into compliance. Grant item 3. 5-0