board of appeals - agenda - 04.08.2010

8/9/2019 Board of Appeals - Agenda - 04.08.2010

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Board of AppealsMarch 11, 2010

Meeting Minutes

Board Members PresentRon Carpinella Chairman, Ruth Coan Vice Chair, Paul Reale, Ke

Lane Frostbaum, and Jim SquireBoard Members Absent None

Staff PresentNancy Leather, Cristina Nelson, Linda Abaray, Gloria Goins, MichCecelia McCoy

CALL to Order Ron Carpinella called the meeting to order at 7:00 p.m.

ADOPTION OF AGENDA

ACTION: Moller moved to approve theadoption of the agenda, with the amendment to add the the first item. Reale seconded. Approved (7-0, Carpinella, Coan, Squire, Frostbaum, Sandler, Molle

PRESENTATION

Recognition of Oz Hill for his service to the City of Sandy Springs Board of Appeals from February11, 2010

PREVIOUS MEETINGS MINUTES

ACTION: Sandler moved to approve the previous meetings minutes, Reale seconded. Approv

Coan, Squire, Frostbaum, Sandler, Moller and Reale for).

Deferred Case

1. V09-040760 Londonberry RoadApplicant: Darnell Sutton.

SUMMARY/STAFF PRESENTATION: Two primary variances from the Zoning Ordinance: 1) var6.2.3.B to reduce the required front yard setback from 60 feet to 20 feet and 2) variance from Secti

existing accessory structure within the front yard.

Applicant Presentation:Darnell Sutton, 760 Londonberry Rd, Atlanta, GA. 30327

(Invitation for public comment in support of and in opposition to the petition)

Support for the Petition:


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ACTION:Motion #1Moller moved to deny the application Reale seconded. Motion Failed (2-5, Reale and Moller for; Frostbaum, Coan and Sandler against)

Motion #2Squire moved to approve with conditions Frostbaum seconded. Approved (5-2, Carpinella, CoaSandler for; Moller and Reale against). Subject to the following conditions:Condition(s):1) The proposed lot shall be in accordance with the proposed site plan, provided by the applicant

February 25, 2010 by the Department of Community Development, for the variance(s) herein, structure (gazebo).

2) To allow an accessory structure (gazebo) to be located in the front yard as shown on the site applicant dated received August 4, 2009 by the Department of Community Development.

To reduce the required sixty (60) foot minimum front yard setback to twenty (20) feet, where necesthe portion of the encroachment (s) only.

New Cases

2. V10-0018600 Roswell Road (SR9)Applicant: Virgil Beddingfield.

SUMMARY/STAFF PRESENTATION: Primary variance from Section 33.22.C of the Zoning Ordin

required ten (10) foot minimum sign setback from the right-of-way to 1 foot.

Applicant Presentation:

Danny Lankford, 2285 Park Central Blvd, Decatur, GA. 30035


Support for the Petition:None

Against the Petition:

None

(Close of public hearing. Board of Zoning Appeals questions and discussion)

ACTION: Frostbaum moved to approve with conditions, Sandler seconded. Approved (7-0, CarFrostbaum, Sandler, Moller and Reale for). Subject to the following conditions:

Condition(s):1) Allow the monument sign to be located at the proposed location, one (1) foot from the right-of-

plant submitted by the applicant, and dated received January 5, 2010 by the Department of Co

2) The monument sign shall comply with all the standards of the Sandy Springs Overlay as provi33.26.H.

3. V10-0026355 Peachtree Dunwoody Road


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None

Against the Petition:None


ACTION:Motion #1Coan moved to Deny two (2) temporary signsMoller seconded. Approved (6-0, Carpinella, Coan, Frostbaum, and Moller for; Sandler abstaining)

Motion #2Coan moved to approve to allow the construction sign to remain on the lot for a period of one (1) yissuance of the first Certificate of Occupancy. Moller seconded. Approved (6-0, Carpinella, Coan,

Frostbaum, and Moller for; Sandler abstaining)Condition(s):None

4. V10-003420 North Errol CourtApplicant: Robert Levin.

SUMMARY/STAFF PRESENTATION: Primary variance from Section 109-225.a 1 and 2 of the Str

Ordinance to reduce the 75 foot buffer and setback requirements (50 foot undisturbed natural buffeimpervious surface setback) to 42 feet to allow for new additions to a single-family house.

Applicant Presentation:Lovick Evans Lee Engineers, 603 Macy Drive, Roswell, GA. 30076Robert Levin, 420 N. Errol Ct,




Patty Berkovitz, On File


ACTION: Sandler moved to approve with conditions Coan seconded. Approved (5-1-1, Coan, RFrostbaum, and Moller for; Carpinella against; Squire abstaining)Subject to the following condition

Condition(s):1) The subject addition shall be constructed in accordance with the proposed site plan, provided

received February 8, 2010 by the Department of Community Development, for the variance hereduction in the 75 foot buffer and setback requirements (50 foot undisturbed natural buffer ansurface setback) to forty-two (42) feet (proposed structure encroachment of twenty-five (25) fedisturbance of eight (8) feet for a total encroachment of thirty-three (33) feet) to allow for new a


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antifreeze might flow) shall have either vegetation for filtration before entering the stream or arproof of maintenance required at time of Land Disturbance Permit, subject to the approval of thEngineer.

4) The area of the fifty (50) foot undisturbed natural buffer outside the area of this approved variaand any modification to the buffer (e.g. replanting or restoration) shall be subject to the approv

Arborist.

5) The area of the first twenty-five (25) foot undisturbed natural buffer outside the sanitary sewer eareplanted subject to the approval of the Sandy Springs Arborist.

5. V10-004275 Danbury LaneApplicant: David Herrigel.

SUMMARY/STAFF PRESENTATION: Primary variance from Section 6.4.3.D of the Zoning Ordinarequired rear yard setback from 35 feet to 10 feet to allow for the construction of a detached garag

Applicant Presentation:David Horrigel, 275 Danbury Lane, Atlanta, GA. 30327Mike Hopkins, Architect, 2653 Sharondale Circle, Atlanta, GA. 30305(Invitation for public comment in support of and in opposition to the petition)



None


ACTION: Moller moved to approve with conditions Coan seconded. Approved (5-2, Carpinella, CMoller for; Frostbaum and Reale against). Subject to the following conditions:

Condition(s): The proposed lot shall be in accordance with the proposed site plan, provided by thereceived January 5, 2010 by the Department of Community Development, for the variance(s) herei

of the required thirty-five (35) foot minimum rear yard setback to ten (10) feet to allow a detached gnecessary, to accommodate the portion of the encroachment (s) only.

Meeting Adjourned: 8:35 p.m.

Approval Signatures

Date Approved 4/8/10

Ron Carpinella, Chairman

Patrice Ruffin, Assistant Director ofPlanning and Zoning

Gloria Goins, Transcriber/Administrative Coordinator


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BOA Board Member Attendance

NAME 1/14 2/11 3/11 4/8 5/13 6/10 7/8 8/12 9/15 10/14 11/10 12/9

Total

meetings

Held

Lane Frostbaum

Post 1

Term Exp: 1/31/121 1 1

2Ron Carpinella

Post 2Term Exp: 1/31/12 1 1 1 2Oswald Hill

Post 3Term Exp: 1/31/12 1 1 2Ted Sandler

Post 4

Term Exp: 1/31/13 1 1 1 2Paul Reale

Post 5Term Exp: 1/31/13 1 1 1 2

en o er

Post 6Term Exp: 1/31/14 1 1 1 2Ruth Coan

Post 7Term Exp: 1/31/14 1 1 1 2Jim Squire

Post 3Term Exp: 1/31/12 1 2

2010

0 = Absent 1 = Present

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At the October 8, 2009 BOA meeting the Board denied variance application Vapplicant requested relief from Section 109-225.a 1 and 2 of the Stream Buffer Ordinance to reduce the 75 foot buffer and setback requirements (50 foot undnatural buffer and 25 foot impervious surface setback) to 25 feet to allow for cpool, pool deck, fence, concrete walkway and wood steps and to allow for the

DEPARTMENT OF COMMUNITY DEVELOPMENT RECOMMEV10-005 1) APPROVAL CONDITIONALV10-005 2) APPROVAL CONDITIONALV10-005 3) APPROVAL CONDITIONAL


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Parcel Map


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CITY OF SANDY SPRINGSDEPARTMENT OF COMMUNITY DEVELOPMENT

VARIANCE ANALYSIS

CASE NUMBER: V10-005

STAFF CONTACT: Linda Abaray, City Planner 770-20E-mail: linda.abaray@sandyspring

Findings of Fact

The applicant is requesting relief fromSection 109-113.1 and Section 109-114.a.1

Floodplain Management Ordinance to allow new construction within the limitsconditions floodplain. The applicant is also requesting variances from Section 1of the Stream Buffer Protection Ordinance to reduce the 75 foot buffer and setb(50 foot undisturbed natural buffer and 25 foot impervious surface setback) to tfeet (proposed structure encroachment of forty (40) feet and limits of disturbanfor a total encroachment of fifty (50) feet) to allow for construction of a 375 squaretaining wall, bluestone walkway and to allow for the existing house.

The applicant has submitted a site plan indicating the subject property to hafrontage along Londonberry Drive and 239.49 feet of frontage on Marbury Cordinance identifies the front yard of a corner lot as the yard which abuts shortest distance. Therefore, the front of the lot would be along Londonberry Rhouse is oriented toward Marbury Circle.

The existing home is at an elevation of 851.96 feet (Exhibit 1). City flood mexisting and future-conditions base flood elevation on the property is at an el

appears likely the ground surface elevation at the location of the proposed add852 elevation. The applicant will be required at the time of building permit sunroom in a manner which does not alter the existing flood plain encroachmland disturbance associated with the proposed addition will not involve placemthe floodplain; otherwise, the applicant will need to demonstrate that the propooccur in compliance with the Floodplain Management Ordinance.

The property is wooded, trapezoidal in shape. The centerline of a streamsoutheast corner to the northern corner for approximately three hundred thirtbefore crossing under Marbury Circle. The stream runs along the eastern pr

joins a stream running along the north property line. The existing house is curthe fifty (50) foot buffer. The stream buffers occupy the majority of the buildabThe property also has a significant topographic change from Londonberry Roa

f th h th th id f th t d th i t (10) f t ithi


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Standards for Consideration

Floodplain Management Ordinance

Section 109.56 of the Sandy Springs Floodplain Management Ordinance provid

Sec. 109-56. Appeals and variances.

(g) Conditions for variances:

(1) A variance is issued only when there is:

a. A finding of good and sufficient cause;

Finding:

The exiting house was constructed prior to the completion of the City F(December 2009) and the adoption of the seventy-five (75) foot Stream BApproximately three fourths of the lot is located in the stream buffer anthe lot is located in the 100 year flood plain (exhibit 2). The City flood mexisting and future-conditions base flood elevation on the property is at

The existing house is currently located at an elevation of 851.96 feet. Theis located .04 feet in to flood plain. The staff is of the opinion that there isufficient cause for a variance.

b. A determination that failure to grant the variance would result in exceptional h

Finding:

The flood plain and stream buffers cover approximately three fourths ofarea of the lot. Without a variance the applicant could not expand the exhave full enjoyment of the property. The staff is of the opinion that failuvariance would result in exceptional hardship.

c. A determination that the granting of a variance will not result in increased flooadditional threats to public safety, extraordinary public expense, create nuisance, ovictimization of the public.

Finding:

An existing deck occupies the location of the proposed sunroom. If the aconstructs the sunroom in a manner which does not alter the existing floencroachment then staff is of the opinion that granting of a variance wil


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4). Staff is of the opinion that the property does exhibit extraordinary anconditions related to its size, shape, or topography.

b. The locations of all streams on the property, including along property boundari

Finding:

All stream buffers on the property have been identified (exhibit 1). The stream, runs from the southeast corner to the northern corner for approhundred and thirteen feet (313) feet before crossing under Marbury Circruns along the eastern property line then joins another steam running alproperty line.

c. The location and extent of the proposed buffer or setback intrusion;

Findings:

The streams are located on the eastern and northern property lines. Thecovers approximately three fourths of the buildable area of the lot. The pintrusion of the 375 square foot sunroom would be located in the same lexisting deck. The location and extent of the proposed buffer and setbac

have been identified on the site plan (exhibit 1).

d. Whether alternative designs are possible which require less intrusion or no intr

Findings:

Alternative designs have been discussed with staff regarding this propertproposed a pool and pool deck at the October 8, 2009 Board of Appeals

038). The application was denied. The applicant has completely redesignapplication from a of approximately 1100 square feet pool and pool deck

375 square foot sunroom, retaining wall, bluestone walkway and the exthe limits of disturbance not encroaching into the twenty-five (25) foot s

e. The long-term and construction water quality impacts of the proposed variance

Findings:

The applicant will be required to use Best Management Practice (BMP) d

construction of the house. The City will monitor the sites BMPs.

f. Whether issuance of the variance is at least as protective of natural resources an


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Department Comments

The staff held a Focus Meeting on March 3, 2010 at which the following departmwere provided:

BUILDINGANDLANDDEVELOPMENTDIVIS

ION

Sandy SpringsBuilding OfficerPlan Review

No Comments

Sandy SpringsDevelopment Plan

Review Engineer

City Flood Zone Maps indicate that proposed adwithin a flood hazard area. City flood maps indand future-conditions base flood elevation on thelevation 852. It appears likely the ground surfa

location of the proposed addition is below 852. Ademonstrate that the proposed addition will notfloodplain and that the land disturbance associaproposed addition will not involve placement offloodplain; otherwise, the applicant will need tothe proposed addition can occur in compliance wFloodplain Management Ordinance or the appliobtain variances to the Floodplain Ordinance ththe proposed addition. It appears likely that at l

variances to the Floodplain Ordinance will be neaddition to be eligible for permitting:

109-113.1 and 109-114.a.1 - New construction of buildingsshall not be allowed within the limitconditions floodplain.

If the applicant applies for variances to the FlooManagement Ordinance, any variance approval

condition that the lowest finished floor of the adone foot above the base flood elevation.

Sandy SpringsLandscapeArchitect/Arborist

There will be four trees removed for the new retproposed lawn area. The trees to be removed inc18 Pine, 10, and 16 Maple. The critical root zoPoplar will be disturbed.

The area where the lawn is being extended is custrawed and the ground is very wet.

In the area where the applicant in proposing a sualready an existing wood deck.

FIRE

DEPT.

Sandy Springs FireProtection Engineer

There are no Fire Department requirementsaddressed at this time.

N


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Conclusion

Staff reviewed the request relative to the variance standards contained in SectioZoning Ordinance. Based upon this review, staff recommends:

V10-005 1) APPROVAL CONDITIONALV10-005 2) APPROVAL CONDITIONALV10-005 3) APPROVAL CONDITIONAL

Recommended Condition(s)

Should the Board of Appeals choose to approve the request, staff recommends

condition:

1) The subject house shall be constructed in accordance with the proposed siteby the applicant dated received March 10, 2010 by the Department of CommDevelopment, for the variance herein, showing a reduction in the 25 foot imback to five (5) feet to allow for a new house where necessary to accommodthe encroachment only.

2) When garages or parking pads are located in areas where the fifty (50) foot natural buffer and the twenty-five (25) foot impervious setback have been rused for drainage of these areas (where oil, grease or antifreeze might flow)vegetation for filtration before entering the stream or artificial filtration witmaintenance required at time of Land Disturbance Permit, subject to the apSandy Springs City Engineer.

3) The area of the fifty (50) foot undisturbed natural buffer outside the area of variance shall be maintained and any modification to the buffer (e.g. replanrestoration) shall be subject to the approval of the Sandy Springs Arborist.

4) The lowest finished floor of the addition shall be at least one (1) foot above elevation of eight hundred fifty two (852) feet.

ATTACHMENTS:

Letter of appeal- dated received February 1, 2010Letter of appeal- dated received March 18, 2010Site plans dated received March 10, 2010 (exhibit 1)

l d l ( h b )


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board of appeals - agenda - 04.08.2010

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