PETITION NUMBER(S): V10-002 PROPERTY INFORMATION ADDRESS 325 Gunston Hall Circle DISTRICT, LAND LOT 2/2, 927 OVERLAY DISTRICT NORTHWEST FULTON EXISTING ZONING AG-1 ACREAGE 1.11 EXISTING USE SINGLE FAMILY RESIDENTIAL FUTURE LAND USE 2-3 UNITS PER ACRE RESIDENTIAL DESIGNATION REQUESTED VARIANCE(S): To allow an accessory structure (staircase) to be located in a minimum side yard (Section 64-416.i) PETITIONER(S) Barton Thiel, for Will Glynn ADDRESS 802 Twin Mountain Lake Circle Talking Rock, GA 30175 PHONE 678.477.3645 3/10/2010 Page 1 of 12
SITE LOCATION MAP 3/10/2010 Page 2 of 12
COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: ANGELA RAMBEAU 678.242.2539 Background: The site, 325 Gunston Hall Circle, includes a single family house on a 1.11 acre lot in the Providence Lake subdivision. The neighborhood is in the Northwest Fulton Overlay. The topography drops steeply from driveway to the back of the house, bordering a wooded area. Originally, the homeowners accessed the back yard via a set of stone steps that wound around the house, and down the slope. It was discovered that the steps encroached onto the neighboring yard, and they were removed. Mr. Thiel has been asked by the homeowner to construct a set of wooden steps leading from the driveway, to the back yard. The steps will be 7.5 feet off the ground, at their tallest point. The staircase will follow the existing retaining wall. The top landing will be at the property line, within the 25 side yard setback. The attached pictures show an area along the edge of the top wall where the black iron fencing has been removed. The applicant indicates that the stairs will start here, and then butt up against the wall as they traverse down the hill. He states that no trees will be removed due to this construction. Article 5.1.3.I (Section 64-416.i, Municode) states that accessory structures are allowed in the rear and side yards, but not in the minimum yard. Therefore, the applicant is applying for a variance to allow the staircase in the minimum side yard.. 3/10/2010 Page 3 of 12
Design Review Board (DRB) Courtesy Review: No DRB review. ADDITIONAL DEPARTMENT COMMENTS The staff held a Focus Meeting on February 3, 2009 at which the following comments were provided: BUILDING PLAN REVIEW STAFF CONTACT MELISSA HENDERSON 678.242.3292 SITE PLAN REVIEW STAFF CONTACT JIMMY SANDERS 678.242.2543 ARBORIST STAFF CONTACT MARK LAW 678.242.2552 NO ISSUES NO ISSUES NO ISSUES DOT STAFF CONTACT SARAH LEADERS 678.242.2559 NO ISSUES 3/10/2010 Page 4 of 12
Standards for Consideration: The approval of a variance is based on the following considerations: Relief, if granted would not offend the spirit or intent of the Ordinance; There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of the Ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant; Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; That the public safety, health and welfare are secured, and that substantial justice is done. The applicant addresses the considerations as follows: Relief, if granted, would not cause a detriment to the public god or surrounding properties, and it would not offend the spirit of the ordinance. Without these stairs, the only access to the back yard is all the way around the other side of the house or through the house, and that would cause the homeowner hardship in accessing the yard. 3/10/2010 Page 5 of 12
Recommended conditions: Should the Board choose to approve the application, Staff recommends the following conditions(s): Stairs shall be painted/stained the same color as the existing wood railing. Install appropriate tree protection fencing, per City Arborist, prior to construction. ATTACHMENTS: Pictures, Letter of appeal, site plan 3/10/2010 Page 6 of 12
TOPOGRAPHICAL MAP 3/10/2010 Page 7 of 12
Front view of the house/driveway The new stairs will start here. The planter will be removed at this location. 3/10/2010 Page 8 of 12
Location of original stone steps 3/10/2010 Page 9 of 12
Back yard 3/10/2010 Page 10 of 12
Retaining wall New stairs will follow this wall. Landing will stop here. Sandbox 3/10/2010 Page 11 of 12
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