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TIM KEANE . to 28 feet Commissioner

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MEMORANDUM

404 e e family dwelling th

DEPARTMENT OF

Front yard: yard: Front : 5/BL 20 setback from 15 feet to 3 feet for the the 15 from construction setback to 3 feet for feet - The subject property is a incline , 20

1115 Kirkwood S.E Avenue, variance variance to reduce the front yard setback from 30 feet : C I T Y A O F T A L N T A variances of the 14

a , Council District

for TRINITY AVENUE, S.W. 3350 AVENUE, SUITE TRINITY with a singl

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southwest intersection of Kirkwood Avenue and Cleveland Street Cleveland and Avenue Kirkwood of intersection southwest 882 - requests 6, Racquel T. Jackson, Secretary Board to the T. Jackson, Racquel V 12 November Board of Zoning Adjustment of Board depth front yard yard depth front Land Land Lot -

subject property is zonedsubject imum lot dimensions: Frontage: Frontage: imum lot dimensions:

at the at The The lot topography s

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• • • idential structures R idential structures with the located located in MAYOR

The property is well vegetated with trees and shrubs and is well with trees property lot. vegetated the throughout The of AdjoiningCharacteristics Properties, in size and shape. Parcels nearby are res developed with single Property Characteristics approximately is currently developed provided neighborhood of NPU of neighborhood ZoningRelevant FINDINGS OF FACT: Property Location begin and is SUBJECT: DATE: The applicant and the half Applicant no other seeks TO: FROM:

KEISHA LANCE BOTTOMS LANCE KEISHA V-20-99 for 1115 Kirkwood Avenue, S.E November 12, 2020 Page 2 of 2

PROPOSAL: The applicant requests a variance to reduce the front yard setback from 30 feet to 28 feet and the half-depth front yard setback from 15 feet to 3 feet for the construction of a duplex.

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 lot is deficient in area by 618 square feet and in lot width by 4 feet. The lot topography changes grade by approximately 12 feet across the site but has limited impact on the proposal. Therefore, Staff finds the lot does possess extraordinary and exceptional conditions pertaining to width and size. b. The application of the Zoning Ordinance of the City of Atlanta to this particular piece of the property would create an unnecessary hardship. The application of the zoning regulations would cause an unnecessary hardship because of the deficiencies with the lot size and width. The applicant has proposed to construct a new duplex structure. Staff notes the deficiencies with the lot size and width would limit the development within the buildable area. Furthermore, Staff also notes the previous residential structure encroached into the half-depth front yard setback by 12 feet. The new structure will not increase the degree of encroachment into the half-depth front yard setback. Therefore, Staff is of the opinion that this proposal is reasonable. b. Such conditions are peculiar to the particular piece of property involved. The subject property is unique in comparison to adjoining lots because of the conditions concerning lot size and width. Therefore, Staff finds the unique conditions identified on the subject property do qualify as peculiar. c. 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 proposal would not impose upon adequate light and/or air on the adjacent properties. Furthermore, the request would not pose a potential impediment on emergency access or threats to health and fire safety because the property has adequate room for the requested improvements. The requests allow an increase in the quality of life, which improves and reinforces the sustaining stability of the surrounding neighborhood. Staff finds the variance to reduce the half-depth front yard for the construction of a duplex to be reasonable.

RECOMMENDATION: APPROVAL cc: Keyetta M. Holmes, Zoning Administrator

, AICP

Development site and

vary vary with

Director

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TIM KEANE

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ATLANTA, GEORGIA 30303ATLANTA, GEORGIA County, Georgia

– . Family Family Residential) CITY 50 feet on the south side of Amsterdam Avenue

feet; Sidefeet;

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404 and shrubbery and District, District,

Amsterdam Avenue, N.E Amsterdam Avenue,

DEPARTMENT OF

off off depth front yard setback from 17.5 feet to 7 feet property th :

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1105 The

C I T Y A O F T A L N T A the intersection of Amsterdam Avenue and Rosewood Drive Rosewood and Avenue Amsterdam of intersection Jackson, Secretary Board to the Jackson, :

Council District Council District for variance variance to reduce the front yard setback from 35 feet

of the 1 of the ,

TRINITY AVENUE, S.W. 3350 AVENUE, SUITE TRINITY driveway

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Adjoining of Characteristics Properties, sh and size in with Property Property 50 v topography vegetated neighborhood of NPU of neighborhood ZoningRelevant Requirements FINDINGS OF FACT: Property Location and in Landis located Lot DATE: The applicant seeks a inches and to reduce the half c TO: FROM: SUBJECT:

KEISHA LANCE BOTTOMS LANCE KEISHA V-20-101 for 1105 Amsterdam Avenue, N.E. November 12, 2020 Page 2 of 2

PROPOSAL: The applicant is requesting a variance to reduce the front yard setback from 35 feet to 20 feet 7 inches and to reduce the half-depth front yard setback from 17.5 feet to 7 feet for the construction of a new single family dwelling.

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 lot is deficient in width by 20 feet and in area by 772 square feet. Topography inclines from the front towards the rear by approximately 8 feet however, topography does not have an impact on the proposal. Therefore, Staff finds the lot size and width as the extraordinary and exceptional conditions regarding this property. b. 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 a hardship due to the irregularities in lot width and size which has an impact on the available buildable area of the property. The existing dwelling currently encroaches into the front yard setback by approximately 10 feet and into the half-depth front yard setback by approximately 13 feet. The new dwelling will either reduce or maintain the existing level of encroachment. Furthermore, if the lot width met the R-4 standards the requested variances would not be necessary. Therefore, Staff finds the request to be reasonable. c. Such conditions are peculiar to the particular piece of property involved. The deficiencies in lot area and width are peculiar to this particular piece of property rendering this site as unique and unusual. However, the existence of similar conditions on neighboring properties does not negate the desirability of the proposal. d. 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 proposal would not impose upon the adequate light and/or air on the adjacent properties. Furthermore, the request would not pose a potential impediment on emergency access or threats to health and fire safety because the property has adequate room for the requested improvements. The request allows an increase in the quality of life, which improves and reinforces the sustaining stability of the surrounding neighborhood.

RECOMMENDATION: APPROVAL cc: Keyetta M. Holmes, Zoning Administrator

, AICP

the

on family

Director vary -

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ATLANTA, GEORGIA 303ATLANTA, GEORGIA 25 feet on the west side of Welch Street and 20 ; It It appears that only the foundation remains of

– County CITY CITY PLANNING

FAX: 404

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(Single Family Residential Conditional). Residential (Single Family

Fulton are

6145 - . Street, S.W. Street, www.atlantaga.gov 4B

- 330 -

Front Front yard: MEMORANDUM

404

DEPARTMENT OF , Secretary Board to the District, District,

feet feet of frontage : feet.

th reduce reduce the north side yard setback from 5 feet to 4.3 feet and 5 5 4

2 1 The The subject property is to 975 Welch , 2020

C I T Y A O F T A L N T A : Council District

, for

V of the - The subject property 55 TRINITY AVENUE, S.W. 3350 AVENUE, SUITE TRINITY 55 117

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to the property and there and property the to 20 - Lot feet; of NPU Racquel T. Jackson Racquel V 12 November Board of Zoning Adjustment of Board

feet feet of area and

subject property is zonedsubject

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are are generally rectangular in shape

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Minimum yard yard: setbacks: The Frontage: Minimum lot dimensions:

square

• • • eighborhood pplicant seeks a variance

Characteristics Characteristics of Adjoining Properties, Neighborhood size and dwellings. application, application, the foundation encroaches into the north and south side yard setbacks. provided is access slightly property. Property Characteristics 2,582 the structure that was previously there located in located N ZoningRelevant Requirements FINDINGS OF FACT: Property Location the 25 from feet begins northwest intersection Street and of Welch Arthur Street. SUBJECT: DATE: A the of feet 3.5 singleconstruction a new to for family 5 feet from souththe side setback yard dwelling TO: FROM:

MAYOR KEISHA LANCE BOTTOMS LANCE KEISHA V-20-117 for 975 Welch Street, S.W. November 12, 2020 Page 2 of 2

PROPOSAL: The applicant seeks a variance to reduce the north side yard setback from 5 feet to 4.3 feet and the south side yard setback from 5 feet to 3.5 feet for the construction of a new single family dwelling.

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 property is deficient in lot size by 218 square feet and lot width by 15 feet. Therefore, Staff finds lot size and width as the extraordinary and exceptional conditions pertaining to this property. b. The application of the Zoning Ordinance of the City of Atlanta to this particular piece of property would create an unnecessary hardship. The application of the zoning regulations would cause an unnecessary hardship by preventing the redevelopment of the property. The applicant intends to construct a new single family home on the existing foundation, which currently encroaches into the north and south side yard setbacks. However, the proposed additional improvements which include a deck and porch prevent the applicant from being able to simply reconstruct upon the foundation without variance. The nonconforming structure section of the zoning code allows structures to be reconstructed in the same location and upon its previous foundation and to its previously existing height, provided said reconstruction does not increase the previously existing degree of nonconformity. The building footprint would be larger due to the deck and porch addition, however, it will not encroach further into the north and south side yard setbacks. Thus, the degree of nonconformity in these areas would be the same. Therefore, Staff is of the opinion that the proposed encroachments are reasonable and will allow for the reconstruction of a single family home. c. Such conditions are peculiar to the particular piece of property involved. The existing encroachments of the foundation into the north and south side yard setbacks are peculiar to the subject property. Staff is unaware of similar conditions on adjacent parcels. Therefore, Staff finds that this condition is particular to the piece of property involved. d. 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 proposal would not impose upon the adequate light and/or air on the adjacent properties. Furthermore, the request would not pose a potential impediment on emergency access or threats to health and fire safety because the property has room for the requested improvements. The request allows an increase in the quality of life, which improves and reinforces the sustaining stability of the surrounding neighborhood. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the Zoning Ordinance.

RECOMMENDATION: APPROVAL cc: Keyetta M. Holmes, Zoning Administrator

086 ,

19 . special special Director

operty is TIM KEANE eet. eet. Commissioner f Brookhaven

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no seeks Applicant . ront toward ront Swimming Swimming pools, tennis courts and other rectangular rectangular corner

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ATLANTA, GEORGIA 30303ATLANTA, GEORGIA

– Family 75 feet on the northeast side of Club Drive and CITY CITY PLANNING - feet; feet;

feet; minimum lot area, feet; minimum lot area, FAX: 404

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- 330 - nclin i MEMORANDUM In the R the In 404 istrict, Fulton County, Georgia. It is located in the in located is It Georgia. County, Fulton istrict,

Club DEPARTMENT OF

a a driveway Within Within the required front and half D :

a special exception exception special a

th (s): front yard, (s): yard, front 3989 The The subject property is

C I T Y A O F T A L N T A feet feet of width. It is developed with a two story single family dwelling. : Council District Council District

for , Topography Topography

TRINITY AVENUE, S.W. 3350 AVENUE, SUITE TRINITY B 75 . variance of the 17 the of -

The subject property 55 1 126

- 1 : 28.008 (5)(a)(1): (5)(a)(1): 28.008 depth front yard from 4 feet to 6 feet 6 to feet 4 from yard front depth - 20 - - Racquel T. Jackson, Secretary Board to the T. Jackson, Racquel V 12, 2020 November Board of Zoning Adjustment of Board

southeast southeast intersection of Club Drive and W. Brookhaven Drive

at this time.at this imum lot dimensions: frontage, 1 frontage, imum lot dimensions:

e subject property is zoned subject R e

Section 16 Section and fences are permitted: in not may height exceeding erected. be fences feet is constructed, four wall no retaining Minimum setback yard Active recreation in yards adjacent to streets active recreation facilities shall not be permitted in other, or required yard, connection any in districts residential with residential uses in zoning granted by the of adjustment board exception T Min

at at the

s There There are several mature trees and shrubbery located in the front yard and throughout the

• • • • •

ocated in Land Lot Land in ocated

Vehicular Vehicular access is provided via garage car two attached feet. property. Property Characteristics square feet of area and l NPU of Neighborhood ZoningRelevant Requirements exceptions FINDINGS OF FACT: Property Location begin SUBJECT: DATE: a seeks applicant The a wall (privacy street a the height and of to adjacent to increase (swimming a yard pool) in half the in fence) TO: FROM:

MAYOR KEISHA LANCE BOTTOMS LANCE KEISHA V-20-126 for 3989 Club Drive, N.E. November 12, 2020 Page 2 of 2

Characteristics of Adjoining Properties, Neighborhood: Lots in the immediate area vary in size and shape. They are consistently developed with single-family detached homes with similar R-3 (Single Family Residential) zoning.

PROPOSAL: The seeks a variance a special exception special exception to allow active recreation (swimming pool) in a yard adjacent to a street and to increase the height of a wall (privacy fence) in the half-depth front yard from 4 feet to 6 feet.

PART I

CONCLUSIONS: The following conclusions in relation to the request for a special exception are in accordance with Section 16-28.008 (6) (7) of the City of Atlanta Zoning Ordinance. a) The location will not be objectionable to occupants of neighboring property or the neighborhood in general by reason of noise, lights or concentrations of persons or vehicular traffic. The topography varies throughout the property as it inclines from the front of the property towards the rear by approximately 18 feet. Additionally, there are several mature trees and shrubbery located along the front yard. The existing vegetation shields the proposed pool from Club Drive. The location of the proposed swimming pool will be minimally visible to neighboring properties, as it will be screened from view by the following: existing topography and landscaping and a proposed 6 foot fence. The proposed pool will be located to the rear of the home and will not be visible from W. Brookhaven Drive. Therefore, the impact on neighboring properties will be minimized. b) The area for such activity could not reasonably be located elsewhere on the lot. The subject property is a corner lot with some topographic challenges. Due to the irregularities with the lot, the only location for the proposed pool is within the rear yard adjacent to W. Brookhaven Drive. The applicant has proposed fencing and landscaping to reduce the visibility of the pool. Therefore, staff is of the opinion that the location of the proposed pool is reasonable as it cannot be located elsewhere on the lot.

PART II

CONCLUSIONS: The following conclusions pertinent to this request for a special exception from the zoning regulations are in accordance with Sec. 16-28.008 (5) (e) of the City of Atlanta Zoning Code.

The Board of Zoning Adjustment may grant special exceptions in any district for greater heights of walls or fences in required yards only upon finding that such greater height is justified by requirements for security or privacy of persons and/or property and will not unduly prevent passage of light and air to adjoining properties and is not incompatible with the character of the neighborhood:

An onsite visual survey of the neighborhood by Staff indicates that there are other properties nearby with compatible fences that provide security or privacy. The approval of a special exception would not cause substantial detriment to the public good or unduly prevent passage of light and air to adjoining properties. Additionally, due to the location of the proposed pool, the fence will provide additional buffering and privacy. The applicant has provided sufficient evidence based on the criteria that the fence is not out of the character of the neighborhood. Therefore, Staff is of the opinion the 6 foot privacy fence meets the criteria for a special exception.

RECOMMENDATION: APPROVAL cc: Keyetta M. Holmes, Zoning Administrator

KEISHA LANCE BOTTOMS TIM KEANE MAYOR C I T Y O F A T L A N T A Commissioner

DEPARTMENT OF CITY PLANNING KEYETTA M. HOLMES, AICP 55 TRINITY AVENUE, S.W. SUITE 3350 – ATLANTA, GEORGIA 30303-0308 Director 404-330-6145 – FAX: 404-658-7491 Office of Zoning and Development www.atlantaga.gov

MEMORANDUM

TO: Board of Zoning Adjustment

FROM: Racquel T. Jackson, Secretary to the Board

SUBJECT: V-20-128 for 1720 Flat Shoals Road, S.E.

DATE: November 12, 2020 The applicant seeks a special exception to allow active recreation (swimming pool) in a yard adjacent to a street. Applicant seeks no other special exceptions at this time.

FINDINGS OF FACT:

Property Location: The subject property fronts 100 feet on the north side of Flat Shoals Road and begins approximately 70 feet from the intersection of Flat Shoals Road and Flat Shoals Way. The property is located in Land Lot 146 of the 15th District, DeKalb County, Georgia. It is in the East Atlanta Neighborhood of NPU-W, Council District 5.

Relevant Zoning Requirements: • The subject property is zoned R-4 (Single Family Residential). • Section 16-28.008 (6): Active recreation in yards adjacent to streets: Swimming pools, tennis courts and other active recreation facilities shall not be permitted in connection with residential uses in residential districts in any yard, required or other, adjacent to a street, other than by special exception granted by the board of zoning adjustment

Property Characteristics: The subject property is an irregular shaped lot with 8,736 square feet of area and 100 feet of frontage on the north side of Flat Shoals Road. It is developed with a single-family residential structure. Vehicular access is provided via a driveway off Flat Shoals Road on the south side of the property. The topography is relatively flat throughout the lot. A metal fence is located on the front property line and wooden fence on the side and rear property line. There are several trees and shrubs located throughout the property.

Characteristics of Adjoining Properties, Neighborhood: Lots in the immediate area vary in size and shape. Properties in the surrounding area are developed with single-family detached homes with R-4 (Single Family Residential) zoning.

V-20-128 for 1720 Flat Shoals Road, S.E. November 12, 2020 Page 2 of 2

PROPOSAL: The applicant is requesting a special exception to allow active recreation (swimming pool) in a yard adjacent to a street.

CONCLUSIONS: The following conclusions in relation to the request for a special exception are in accordance with Section 16-28.008 (6) of the City of Atlanta Zoning Ordinance. a) The location will not be objectionable to occupants of neighboring property or the neighborhood in general by reason of noise, lights or concentrations of persons or vehicular traffic. Although the pool would be located in a yard adjacent to the street, a 6 ft high privacy fence is proposed to surround the pool and block views into the pool area from the street. An existing house also partially blocks the view of the swimming pool. In addition, the shrubbery and plants in the front yard adds to the screening. The noise, lights and vehicular traffic generated by the proposed pool will not be above the typical use of a single- family property. Therefore, the impact on neighboring properties will be minimal. b) The area for such activity could not reasonably be located elsewhere on the lot. The subject property is an irregular shaped lot that tapers toward the rear. The shape of the lot has restricted the total buildable area of the lot. The residence is located in such a way that most of the open space is in the front yard. In addition, to build a pool elsewhere, it will encroach into the required setbacks. The proposed location for the swimming pool is directly adjacent to the residence and the only possible location for a pool on the lot. Therefore, Staff is of the opinion that the location of the proposed active recreation is reasonable as it cannot be located elsewhere on the lot.

RECOMMENDATION: APPROVAL cc: Keyetta M. Holmes, Zoning Administrator

TIM KEANE KEISHA LANCE BOTTOMS C I T Y O F A T L A N T A Commissioner MAYOR DEPARTMENT OF CITY PLANNING KEYETTA M. HOLMES, AICP 55 TRINITY AVENUE, S.W. SUITE 3350 – ATLANTA, GEORGIA 30303-0308 Director 404-330-6145 – FAX: 404-658-7491 Office of Zoning and Development www.atlantaga.gov

MEMORANDUM

TO: Board of Zoning Adjustment

FROM: Racquel T. Jackson, Secretary to the Board

SUBJECT: V-20-129 for 147 Huntington Road, N.E.

DATE: November 12, 2020 The applicant seeks a special exception to allow active recreation (basketball court) in a yard adjacent to a street. Applicant seeks no other special exceptions at this time.

FINDINGS OF FACT:

Property Location: The subject property fronts 125 feet on the east side of Huntington Road and begins 690 feet from the southeast intersection of Huntington Road and Palisades Road. The property is located in Land Lot 104 of the 17th District, Fulton County, Georgia. It is in the Brookwood Hills Neighborhood of NPU-E, Council District 6.

Relevant Zoning Requirements: • The subject property is zoned R-4/HC20 CD1 (Single Family Residential/Brookwood Hills Conservation District). • Section 16-28.008 (6): Active recreation in yards adjacent to streets: Swimming pools, tennis courts and other active recreation facilities shall not be permitted in connection with residential uses in residential districts in any yard, required or other, adjacent to a street, other than by special exception granted by the board of zoning adjustment.

Property Characteristics: The subject property is an irregular rectangle-shaped lot with approximately 17,905 square feet of area (0.411 acres). The lot has 125 feet of frontage on the east side of Huntington Road. It is developed with a two-story single family residential structure with an attached carport. Vehicular access is provided via a driveway off Huntington Road. The topography falls 24 feet across the site from a high point at the front to a low point on the rear property line. A fence is located around the perimeter of the property with a stucco wall and solid gate at the driveway entrance. There are several mature trees and shrubs located throughout the property.

V-20-129 for 147 Huntington Road, N.E. November 12, 2020 Page 2 of 2

Characteristics of Adjoining Properties, Neighborhood: Lots in the immediate area vary in size and shape. Surrounding lots to the north, south and west are zoned R-4/HC20 CD1 (Single Family Residential/Brookwood Hills Conservation District) and are developed with single-family detached homes. Property to the east is zoned R-4 (Single Family Residential) and is undeveloped.

PROPOSAL: The applicant is requesting a special exception to allow active recreation for an existing half basketball court/sports court in a yard adjacent to a street.

CONCLUSIONS: The following conclusions in relation to the request for a special exception are in accordance with Section 16-28.008 (6) (7) of the City of Atlanta Zoning Ordinance. a) The location will not be objectionable to occupants of neighboring property or the neighborhood in general by reason of noise, lights or concentrations of persons or vehicular traffic. The basketball court is located at the rear of the subject property but to the south side of the residence at the end of the driveway. Although the basketball court is located adjacent to a street, the location is far away from the frontage on Huntington Road and is partially screened from view by a stucco wall and solid gate at the driveway entrance. The basketball court is also screened by a 12 foot drop in topography and extensive landscape screening that partially blocks views of the basketball court from the street. The subject property backs up to undeveloped property adjacent to Peachtree Creek. The use of a private half basketball court/sports court for a single family residence is found where other residential lots have basketball hoops in the driveway, and therefore, not objectionable by reason of concentrations of persons. The noise, lights and vehicular traffic generated by the basketball court will not be above the typical use of a single family property. Therefore, the impact on neighboring properties will be minimal. b) The area for such activity could not reasonably be located elsewhere on the lot. The existing location for the basketball court is in the southeast rear corner of the buildable area for the lot. It is the most level part of the backyard and is located away from other neighbors and the street. Therefore, Staff is of the opinion that the location of the active recreation (basketball court) is acceptable as it cannot reasonably be located elsewhere on the lot.

RECOMMENDATION: APPROVAL cc: Keyetta. M. Holmes, Zoning Administrator

Development

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Commissioner

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ATLANTA, GEORGIA 30303ATLANTA, GEORGIA

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- 330 - MEMORANDUM

404 many mature trees and shrubs and trees mature many , Council District , Council District feet feet of frontage on the of the 17 the of

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140 158 The The subject property is an irregular 365 Valley Road 365 Valley , 2020

C I T Y A O F T A L N T A : There are are There 12

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TRINITY AVENUE, S.W. 3350 AVENUE, SUITE TRINITY special exception to allow active recreation (swimming pool) in a yard a yard pool) in recreation (swimming active to allow exception special 0 . Vehicular access is provided via 3 The The subject property fronts 55

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declines from the frontage along V November Board of Zoning Adjustment of Board Racquel T. Jackson, Secretary to the T.Racquel Secretary Boa Jackson, re re feet of area and

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ctive ctive recreation in yards adjacent to streets:

squa active active recreation facilities shall not be permitted special by than other street, a in to adjacent other, or required yard, connection any in districts residential with residential uses in zoning granted by the of adjustment board exception The subject property is zoned subject R The 1 Frontage: Minimum lot dimensions: Minimum setbacks: yard A

• • • • MAYOR Characteristics Characteristics of Adjoining Pr size and shape. They are consistently developed with single zoning. Residential) (Single Family currently currently undeveloped The topography rear the towards steeply inclines then but property, the yard. front the in property Property Characteristics 43,729 ZoningRelevant Requirements FINDINGS OF FACT: FINDINGS OF FACT: Property Location begins 2,004 feet from the northeast intersection Lot in Land located is property of Valley Road and Northside Drive Buckhead SUBJECT: DATE: a The seeks applicant a street to adjacent TO: FROM:

KEISHA LANCE BOTTOMS LANCE KEISHA V-20-130 for 365 Valley Rd, N.W. November 12, 2020 Page 2 of 2

PROPOSAL: The applicant seeks a special exception to allow active recreation (swimming pool) in a yard adjacent to a street.

CONCLUSIONS: The following conclusions in relation to the request for a special exception are in accordance with Section 16-28.008 (6) of the City of Atlanta Zoning Ordinance. a. The location will not be objectionable to occupants of neighboring property or the neighborhood in general by reason of noise, lights or concentrations of persons or vehicular traffic. The location of the proposed swimming pool will most likely not be visible from the street due to the steep increase in topography, which inclines from the bridge in the front to the rear of the property. From the front of the property to the rear, the elevation increases up to 60 feet toward the northeast corner of the lot. A retaining wall is proposed along the eastern property line that should obstruct view from the adjacent lot. Additionally, there are many large and mature trees throughout the property creating a natural visual barrier to the pool. Therefore, the impact on neighboring properties will be minimized. b. The area for such activity could not reasonably be located elsewhere on the lot. The pool cannot be located elsewhere due to the location of the proposed house and topography. The stream buffer and topography push the proposed house location towards the eastern property line, thus limiting the amount of buildable area for the proposed improvements. The existing and proposed landscaping, as well as the proposed retaining wall, should be maintained to reduce the visibility of the pool. Therefore, Staff is of the opinion that the location of the proposed pool is reasonable as it cannot be located elsewhere on the lot.

RECOMMENDATION: APPROVAL cc: Keyetta M. Holmes, Zoning Administrator

KEISHA LANCE BOTTOMS C I T Y O F A T L A N T A MAYOR TIM KEANE DEPARTMENT OF CITY PLANNING Commissioner 55 TRINITY AVENUE, S.W. SUITE 3350 – ATLANTA, GEORGIA 30303-0308 404-330-6145 – FAX: 404-658-7491 KEYETTA M. HOLMES, AICP www.atlantaga.gov Director Office of Zoning and Development

MEMORANDUM

TO: Board of Zoning Adjustment

FROM: Racquel T. Jackson, Secretary to the Board

SUBJECT: V-20-131 for 135 West Paces Ferry Road, N.W.

DATE: November 12, 2020 The applicant seeks a special exception to allow active recreation (swimming pool) in a yard adjacent to a street. Applicant seeks no other special exceptions at this time.

FINDINGS OF FACT:

Property Location: The subject property fronts 159 feet on the northeast side of West Paces Ferry Road and begins at the northwest intersection of West Paces Ferry Road and Valley Road. The property is located in Land Lot 99 of the 17th District, Fulton County, Georgia. It is in the South Tuxedo Park Neighborhood of NPU-B, Council District 8.

Relevant Zoning Requirements: • The subject property is zoned R-3 (Single Family Residential). • Section 16-28.008 (6): Active recreation in yards adjacent to streets: Swimming pools, tennis courts and other active recreation facilities shall not be permitted in connection with residential uses in residential districts in any yard, required or other, adjacent to a street, other than by special exception granted by the board of zoning adjustment.

Property Characteristics: The subject property is an irregular rectangle-shaped corner lot with approximately 39,525 square feet of area (0.907 acres). The lot has 159 feet of frontage on the northeast side of West Paces Ferry Road and 263 feet of half-depth frontage on the northwest side of Valley Road. It is developed with a one-story single family residential structure with an attached garage. Vehicular access is provided via a loop driveway on the corner of West Paces Ferry Road and Valley Road, and a driveway to the garage off Valley Road. The topography falls 24 feet across the site from a high point at the front to a low point on the rear property line. A metal fence is located around the perimeter of the property. There are several mature trees and shrubs located throughout the property.

V-20-131 for 135 West Paces Ferry Road, N.W. November 12, 2020 Page 2 of 2

Characteristics of Adjoining Properties, Neighborhood: Lots in the immediate area vary in size and shape. Surrounding lots are zoned R-3 (Single Family Residential). Lots to the north, east and west are developed with single-family detached homes. Property to the south is developed with the Atlanta History Center.

PROPOSAL: The applicant is redeveloping the site with a new two-story residence and is requesting a special exception to allow active recreation (swimming pool) in a yard adjacent to a street.

CONCLUSIONS: The following conclusions in relation to the request for a special exception are in accordance with Section 16-28.008 (6) (7) of the City of Atlanta Zoning Ordinance. a) The location will not be objectionable to occupants of neighboring property or the neighborhood in general by reason of noise, lights or concentrations of persons or vehicular traffic. The pool location is proposed within the buildable area of the lot and the lot is 21,525 square feet larger than required by R-3 zoning requirements. The new residence is proposed to have a U shape with the pool at the center of a courtyard and extending into the rear yard. The proposed pool location is to the rear of the residence and a portion of the pool is located behind a side facing wing of the proposed new residence. Although the pool would be located adjacent to a street, the proposed location is far away from the half depth frontage on Valley Road and is partially screened from view by a wing of the proposed house. The pool would also be screened by a 6 foot change in topography, retaining wall and landscape screening proposed to surround the pool and block views into the pool area from the street. The proposed use of a private pool for a single family residence is found in other residential lots in the neighborhood, and therefore, not objectionable by reason of concentrations of persons. The noise, lights and vehicular traffic generated by the proposed pool will not be above the typical use of a single family property. Therefore, the impact on neighboring properties will be minimal. b) The area for such activity could not reasonably be located elsewhere on the lot. The subject property is a corner lot with a rectangular shape. The proposed location for the swimming pool is directly adjacent to the rear of the residence and the least visible location for a pool or any outdoor amenity on the lot. Therefore, Staff is of the opinion that the location of the proposed active recreation is reasonable as it cannot be located elsewhere on the lot.

RECOMMENDATION: APPROVAL cc: Keyetta. M. Holmes, Zoning Administrator

enue enue ected ected

Director

) TIM KEANE seeks seeks no

Commissioner KEYETTA M. HOLMES, AICP County, Georgia

Office Development of Zoning and

Applicant

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that includes a lower level basement. Vehicular access to - 330 -

counted as one seat), or one space for each 35 square feet of feet square 35 each for space one or seat), one as counted a) R MEMORANDUM (

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ted in Land Lot ted in Land property DEPARTMENT OF (

: 10 eighborhood of NPU of eighborhood 0 n 1800 Piedmont Avenue, N.E. (aka 1824 Piedmont1800 Piedmont(aka N.E. Avenue) Avenue, . The The site is approximately 1.61 acres (70,236 square feet) in lot area. , 2020 is loca 6

C I T Y A O F T A L N T A 1 Jackson, Secretary Board to the Jackson, Requirements : 206 feet from feet 206 1 at this time.at this -

for

story building TRINITY AVENUE, S.W. 3350 AVENUE, SUITE TRINITY special exception T. -

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approximately o Piedmont Heights

The subject property is zoned subject The Parking

gins special exceptionsspecial existing parking lot.existing parking large, mature are located There throughout trees The the property. rear

• • n d be d MAYOR of lot includes a recreational area with fencing. The topography varies throughout topography property with fencing. The the area recreational a of lot includes Property Characteristics The property has one 2 the property is provided by an existing curb cut on Piedmont Avenue with a driveway conn to a Springs Road within the ZoningRelevant Requirements FINDINGS OF FACT: Property Location an SUBJECT: DATE: The applicant seeks parking from 98 spaces to 47 spaces for the other TO: FROM:

KEISHA LANCE BOTTOMS LANCE KEISHA V-20-132 for 1800 Piedmont Avenue, N.E. November 12, 2020 Page 2 of 3

Characteristics of Adjoining Properties, Neighborhood: The lots in the surrounding area vary in size, shape and use. The parcels to the north are zoned R-4/BL (Single Family Residential/Beltline Overlay), R-LC (Residential Limited Commercial) District with a Single- Family Residential land use designation, and C-1, C-2 (Commercial Service) District with a Low Density Commercial land use designation. The parcels to the east and south are zoned R-4 (Single Family Residential), NC-5 (Neighborhood Commercial), MRC-2-C (Mixed Residential Commercial), RG-2 (Residential General Sector 2). MR-3A-C (Multifamily Residential) including the Beltline Overlay (BL) with a Low Density Commercial and Medium-Density Residential land use designation. The parcels to the west are zoned R-4/BL (Single Family Residential/Beltline Overlay) with a Single-Family Residential land use designation.

PROPOSAL: The applicant is requesting a special exception to reduce the number of onsite parking from 98 spaces to 47 spaces for the conversion of an existing place of worship into a private school. It is expected that the facility will run a private school known as Heritage Preparatory School and will serve 7th - 12th grades with a max of 150 students on site. The school is open Monday through Friday from 7:00 a.m. to 4:00 p.m., and some evenings and weekends for extracurricular activities. The school will employ approximately 10 – 16 people.

The minimum parking requirements are as follows:

USE AREA/COUNT RATIO PARKING SPACES Private School 1920 SF 1 PS/35 SF + 2 Approx. 54 Largest Assembly spaces for each classroom Floor Plan 11 classrooms 2 spaces for each Approx. 44 classroom. *Applicant conservatively use 4 spaces per room. Min. Required 98 Total Existing Off Street Parking 47 spaces

CONCLUSIONS: The following conclusions pertinent to this request for a special exception from the zoning regulations are in accordance with Sec. 16-26.006 of the City of Atlanta Zoning Code.

The Board of Zoning Adjustment may waive or reduce the parking and loading requirements in any districts when the character or use of the building is such as to make unnecessary the full provisions of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot.

The applicant’s intent is to operate a Private School known as Heritage Preparatory School. The proposed 47 spaces are enough to accommodate the number of employees expected on the site, including visitors and students. Additionally, the proposed school is located adjacent to single V-20-132 for 1800 Piedmont Avenue, N.E. November 12, 2020 Page 3 of 3 family uses where on-street parking is accessible to the school. Allowing the proposed decrease in parking would provide a parking solution and support the objective of the institutional use to “Provide accessible and sufficient parking in an unobtrusive manner by encouraging shared parking solutions and minimizing commercial parking in residential neighborhoods.” Staff finds that the character and use of the building is such as to make unnecessary the full provisions of parking because of the proposal to utilize onsite parking. Therefore, Staff finds the reduction of parking from 98 parking spaces to 47 parking spaces to be reasonable for this site.

RECOMMENDATION: APPROVAL cc: Keyetta M. Holmes, Zoning Administrator

Development

Director TIM KEANE

Commissioner yard yard from

KEYETTA M. HOLMES, AICP Office of Zoning andOffice of Zoning

0308 . Staff is supportive of is supportive of . Staff -

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DEPARTMENT OF deferral deferral 409 King Road , 2020 Zoning DEFERRAL , C I T Y A O F T A L N T A special exception to allow active recreation (tennis recreation in to allow a yard court) exception special active 12 for a

TRINITY AVENUE, S.W. 3350 AVENUE, SUITE TRINITY 33 55 1 - 20 -

requests requests V November Board of Zoning Adjustment of Board Racquel T. Jackson, Secretary to the T.Racquel Secretary Boa Jackson,

Keyetta M. Holmes Keyetta

applicant has a requested applicant

MAYOR cc: The this request. RECOMMENDATION: SUBJECT: DATE: The applicant adjacent to a street and to the increase height of a gate with columns in the front 8 inches. to 6 feet 4 feet TO: FROM:

KEISHA LANCE BOTTOMS LANCE KEISHA

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operty operty square square Director

TIM KEANE Commissioner 266 , The pr The at this time.at this

26 KEYETTA M. HOLMES, AICP Office Development of Zoning and

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, . Applicant no seeks AVENUE, S.W. 3350AVENUE, SUITE ds the rear by approximately 50 feet. feet. 50 approximately by rear the ds N - 457 Lakeshore Drive, 457 Lakeshore The The subject property is , 20

of the 1 C I T Y A O F T A L N T A :

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135

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20 - 60

Racquel T. Jackson, Secretary Board to the T. Jackson, Racquel V 12 November Board of Zoning Adjustment of Board

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527 feet from the from feet 527

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and shrubbery located in the front yard located in throughout yard and shrubbery property. the front the and Characteristics of Adjoining Properties, Neighborhood size and shape. They are consistently developed with single R Property and area of feet via provided is access towar front the from inclines it ZoningRelevant Requirements FINDINGS OF FACT: FINDINGS OF FACT: Property Location begins is l Claire SUBJECT: DATE: a seeks applicant The a street to in adjacent a yard TO: FROM:

KEISHA LANCE BOTTOMS LANCE KEISHA V-20-135 for t 457 Lakeshore Drive, N.E. November 12, 2020 Page 2 of 2

PROPOSAL: The applicant’s intent is to construct a new swimming pool/spa in the rear of the lot. A portion of the proposed pool will be located adjacent to Lakeshore Drive.

CONCLUSIONS: The following conclusions in relation to the request for a special exception are in accordance with Section 16-28.008 (6) (7) of the City of Atlanta Zoning Ordinance. a) The location will not be objectionable to occupants of neighboring property or the neighborhood in general by reason of noise, lights or concentrations of persons or vehicular traffic. The topography inclines from the front property line towards the rear property line by approximately 50 feet. Additionally, there are several mature trees and shrubbery located along the front yard. The existing vegetation and steep topography shields the proposed pool from Lakeshore Drive. The location of the proposed swimming pool will be minimally visible to neighboring properties, as it will be screened from view by the following: existing topography and landscaping. The proposed pool will be located to the rear of the home and will not be visible from Lakeshore Drive. Therefore, the impact on neighboring properties will be minimized. b) The area for such activity could not reasonably be located elsewhere on the lot. The subject property is an irregular shaped lot with topographic challenges. Additionally, the irregular topography and existing mature trees makes it almost impossible to construct the pool elsewhere on the lot. The rear yard provides the only available buildable area on the lot. Therefore, staff is of the opinion that the location of the proposed pool is reasonable as it cannot be located elsewhere on the lot.

RECOMMENDATION: APPROVAL cc: Keyetta M. Holmes, Zoning Administrator

KEISHA LANCE BOTTOMS TIM KEANE MAYOR C I T Y O F A T L A N T A Commissioner

MEMORANDUM

TO: Board of Zoning Adjustment

FROM: Racquel T. Jackson, Secretary to the Board

SUBJECT: V-20-65 for 460 Connally Street, S.E.

DATE: November 12, 2020 (deferred September 10, 2020 & August 20, 2020) The applicant seeks a variance to reduce the front yard setback from 40 feet to 7 feet 3 inches (Connally), the half-depth front yard setback from 20 feet to 0 (Glenwood), the south side yard setback from 20 feet to 9 feet and the rear yard setback from 20 feet to 5 feet 4 inches. The applicant seeks no other variances at this time.

The applicant has requested that this application be withdrawn. Staff is supportive of this request.

RECOMMENDATION: DENIAL WITHOUT PREJUDICE

cc: Keyetta M. Holmes, Zoning Administrator

family family - Director

. TIM KEANE

) Commissioner

feet 7

, KEYETTA M. HOLMES, AICP

1, 2020 Office Development of Zoning and

0308 minimum of 12 feet wideminimum of 12 feet 2. -

; Rear yard ; Rear

& October & October square feet. square

feet

percent lot of total area. 7 District, Fulton County, Georgia, Georgia, County, Fulton District,

, 5

th of its ground floor area. of its ground floor 7,500

, side yard setback from 7 feet to 0,

7491

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- –

27 feet on the west side of Lampkin Street and CITY CITY

feet; Side yards

FAX: 404 feet; feet;

0 – The front porch shall be a a shall be frontThe porch 3

. 50 ,

Front Front porches on the façade of the principal structure ,

6145 -

. www.atlantaga.gov

330 - n attached garage from 35% of the ground floor to 58% to floor ground the of 35% from garage attached n MEMORANDUM reduce reduce the front yard setback from 30 feet to 2 feet, the treatments treatments are established by a majority of the single 404 coverage shall not exceed 5 shall not exceed coverage

the northwest intersection of Lampkin Street and John Wesley John and Street Lampkin of intersection northwest the (Deferred from

DEPARTMENT OF

Frontage to ot :

occupying not more than 35 not more occupying AVENUE, S.W. 3350AVENUE, SUITE neighborhood ofneighborhood NPU

C I T Y A O F T A L N T A ments

Shall variance he he subject property fronts a T from feet 436 55 TRINITY TRINITY 55

72 for N.E. 240 Lampkin Street,

- : ember 12, 2020 ember 5/BL (Two Family Residential/Beltline Overlay) Family Residential/Beltline 5/BL (Two - 20 Garage:

R The property is located in Land Lot 19 of the 14 the of 19 Lot Land in located is property The

Racquel T. Jackson, Secretary Board to the T. Jackson, Racquel V Nov Board of Zoning Adjustment of Board

Old Fourth Ward Old Fourth

Attached Relationship of Building to Street: shall be required when such dwellings face on the block detached deep minimum a feet of eight and Zoning: Minimum lot dimensions: yard Front Minimum setbacks: yard Maximum lot coverage:

approximately approximately

• • • • • • MAYOR

Relevant ZoningRelevant Require Property Location begin Avenue. Dobbs within the front porch to be a minimum 8 feet in depth and 12 feet in width to 4 feet in depth and 5 feet feet 5 and depth in feet 4 to width in feet 12 and depth in feet 8 minimum a be to porch front a of size the increase to and width in the construction of dwelling. a singlefor family FINDINGS OF FACT: SUBJECT: DATE: The applicant seeks south side yard setback from 7 feet to 3 feet, the north increase the maximum lot coverage from 55% to 75%, reduce the standard that requires a TO: FROM:

KEISHA LANCE BOTTOMS LANCE KEISHA V-20-72 for 240 Lampkin Street, N.E. November 12, 2020 Page 2 of 3

Property Characteristics: The subject property is an irregular shaped lot with an area of 1,438 square feet and a frontage of 27 feet. The lot is located at the end of a dead-end street block. The subject property is currently undeveloped and does not have any vehicular access. There is one mature tree located in the front yard and topography is relatively level throughout the site.

Characteristics of Adjoining Properties, Neighborhood: Lots in the immediate area vary in lot width, are larger in size and fairly regularly shaped. Properties along the block face are consistently developed with one and two-story single-family dwellings with similar R-5 (Two- Family Residential) zoning.

PROPOSAL: The applicant seeks variances to reduce the front yard setback from 30 feet to 2 feet, the south side yard setback from 7 feet to 3 feet, the north side yard setback from 7 feet to 0, increase the maximum lot coverage from 55% to 75%, reduce the standard that requires a front porch to be a minimum 8 feet in depth and 12 feet in width to 4 feet in depth and 5 feet in width and to increase the size of an attached garage from 35% of the ground floor to 58% for the construction of a 3-story single family dwelling.

The applicant seeks to reduce the front yard setback from 30 feet to 2 feet, the south side yard setback from 7 feet to 3 feet, the north side yard setback from 7 feet to 0. Deficiencies in lot width and area, irregularity in lot shape, and a required 10-foot sewer easement in the rear all create a hardship for the construction of a regular sized dwelling on this particular piece of property. The development pattern of houses along the subject property block-face does not conform with R-5 lot and setback requirement. If the zoning regulations were to be applied, the proposed single-family dwelling would be subject to setbacks that are noticeably different from those established by a majority of the single-family detached dwellings on the block face.

Furthermore, design standards require a front porch with a minimum 8 feet in depth and 12 feet in width when that treatment is established by a majority of the single-family detached dwellings on the block face. The applicant seeks to provide a porch that is 5 feet in width and 4 feet in depth. Staff is of the opinion that the proposed porch would be similar in size to V-20-72 for 240 Lampkin Street, N.E. November 12, 2020 Page 3 of 3

majority of existing porches along the block face and is thus adequate to satisfy the front porch requirement.

The applicant also seeks to increase the maximum lot coverage from 55% (719 square feet) to 75% (1,079 square feet) and the maximum allowable size of an attached garage from 35% to 58% of the ground floor. The subject property is approximately one-fifth of the minimum lot size in the R-5 zoning district. The application of these regulations create a hardship given the significant deficiencies in lot area. If the lot met or exceeded the minimum lot area for the R- 5 zoning, a variance to exceed the maximum lot coverage would not be required. Therefore, Staff is of the opinion that the requested reductions in porch dimensions, front and side yard setbacks, and increase in lot coverage and size of attached garage are reasonable given the significant lot deficiencies and existing nonconforming development pattern (to R-5 minimum standards) along the block face. c. Such conditions are peculiar to the particular piece of property involved. The severity of deficiencies in lot width, area, depth, and irregular lot shape are peculiar to subject property. Staff is unaware of this level of deficiencies and nonconformity on adjacent properties. However, the existence of similar conditions on adjoining neighborhood properties does not negate the reasonableness of this proposal. d. 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 proposed might impose upon the adequate light and/or air on the adjacent properties. However, the request would not pose a potential impediment on emergency access or threats to health and fire safety. The proposed allows the development of an empty dead-end lot to match existing development patterns thus sustaining stability of neighborhoods. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the Zoning Ordinance.

RECOMMENDATION: APPROVAL cc: Keyetta M. Holmes, Zoning Administrator

KEISHA LANCE BOTTOMS TIM KEANE MAYOR C I T Y O F A T L A N T A Commissioner

MEMORANDUM

TO: Board of Zoning Adjustment

FROM: Racquel T. Jackson, Secretary to the Board

SUBJECT: V-20-115 for 1237 Memorial Drive, S.E.

DATE: November 12, 2020 (deferred November 5, 2020) The applicant seeks a variance to reduce the east and west side yard setback from 15 feet to 12 feet for the construction of a multifamily development. The applicant seeks no other variances at this time.

FINDINGS OF FACT:

Property Location: The subject property fronts 200 feet on the south side of Memorial Drive and begins 250 feet from the southwest intersection of Memorial Drive and Trenton Street. The property is located in Land Lot 177 of the 15th District, DeKalb County, Georgia. It is in the Edgewood Neighborhood of NPU-O, Council District 5.

Relevant Zoning Requirements: • The subject property is zoned MR-4B (Multifamily Residential). • Section 16-35.010 (2)(c): Side yard; Minimum depth of 15 feet, except that the side yard may be reduced to zero feet when a residential use has no residential windows adjacent to such yard.

Property Characteristics: The subject property is a rectangular lot with approximately 28,658 square feet of area (0.658 acres). The site has approximately 150 feet of frontage on the south side of Memorial Drive and 150 feet of frontage on the north side of Parker Street which is an undeveloped street adjacent to the subject property. Vehicular access is currently provided via two curb cuts on Memorial Drive. The topography rises approximately 16 feet from a low point at the front northeast corner of the site to a highpoint at the southwest corner of the site on the undeveloped right-of-way for Parker Street. There is little vegetation on the site and much of the property is paved with remnant pavement and foundations from a prior development.

Characteristics of Adjoining Properties, Neighborhood: Lots in the immediate area vary in size and shape. Adjoining property to the north is zoned R-4A (Single Family Residential) and is developed with single family residences. Adjacent lots to the south are zoned R-4 (Single Family Residential) and are developed with single family residences. Lots to the east are zoned

V-20-115 for 1237 Memorial Drive, S.E. November 12, 2020 Page 2 of 2

C-2 (Commercial Service) and are developed with townhomes. Lots to the west are zoned RG-3 (Residential General Sector 3) and are developed with townhomes.

PROPOSAL: The applicant is requesting a variance to reduce the east and west side yard setback from 15 feet to 12 feet to construct a four building 18-unit townhouse development.

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 topography slopes steeply 16 feet across the site. Therefore, Staff finds the lot does possess extraordinary and exceptional conditions pertaining to the topography.

b. The application of the Zoning Ordinance of the City of Atlanta to this particular piece of the property would create an unnecessary hardship. The application of the zoning regulations would cause an unnecessary hardship due to significant topographic change across the lot which impacts the site development. Not only does the topography slope 16 feet within the site, it rises another approximately 8 feet to the south and 10 feet to the west with retaining walls at the edges of the site containing those grade changes. Additionally, the subject property has two front orientations, one on Memorial Drive and one on Parker Street, with greater setback requirements than if it only had one front orientation. The proposed building is designed to address the street on Memorial Drive and provide a pedestrian oriented design. Staff notes the exceptional double frontage and steep topography would limit the development within the buildable area. Therefore, Staff is of the opinion that this proposal is reasonable.

c. Such conditions are peculiar to the particular piece of property involved. The double frontage lot orientation and steep topography are peculiar to this particular piece of property rendering this site as unique and unusual. However, the existence of similar conditions on neighboring properties does not negate the desirability of the proposal.

d. 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 proposal would not impose upon adequate light and/or air on the adjacent properties. Furthermore, the request would not pose a potential impediment on emergency access or threats to health and fire safety because the property has adequate room for the requested improvements. The request allows an increase in the quality of life, which improves and reinforces the sustaining stability of the surrounding neighborhood.

RECOMMENDATION: APPROVAL cc: Keyetta. M. Holmes, Zoning Administrator

Development

Director TIM KEANE

Commissioner

KEYETTA M. HOLMES, AICP Office of Zoning andOffice of Zoning

AGENDA 0308 -

Applicant seeks no other

2020) ,

. Staff is supportive. Staff of this request

7491

rd 658 - PLANNING

ATLANTA, GEORGIA 30303ATLANTA, GEORGIA

– CITY

FAX: 404

–

6145 - TO NEXT AVAILABLE THE

www.atlantaga.gov

330 - to work withto work NPU W to reduce the west side yard setback from 7 feet to 3.36 MEMORANDUM 404 (Deferred 5 from November

DEPARTMENT OF deferral deferral 1154 Gracewood Avenue, S.E. Avenue, 1154 Gracewood , 2020 DEFERRAL C I T Y A O F T A L N T A 12 a variance for

TRINITY AVENUE, S.W. 3350 AVENUE, SUITE TRINITY

55 125 - r r a second story addition to a detached garage. 20 - requests

V November Board of Zoning Adjustment of Board Racquel T. Jackson, Secretary to the T.Racquel Secretary Boa Jackson,

at this time.at this

Keyetta M. Holmes, Zoning M. Holmes, Administrator Keyetta

applicant has a requested applicant

RECOMMENDATION: cc: main dwelling fo variances The SUBJECT: DATE: The applicant from coverage lot maximum the increase feet, 3.47 to feet 15 from setback yard rear the feet, 50% to 60.1% and to increase the size of an accessory structure from 30% to 98.8% of the TO: FROM:

MAYOR KEISHA LANCE BOTTOMS LANCE KEISHA