ZBA15-65 1285 Dunwoody Lane COMPILED PACKAGE AS 1.20.16

Case:
Location:
Property Owner/
Applicant:
Request:
ZBA15-65
1285 Dunwoody Lane
Tax Parcel # 18-330-03-008
Payal and Tejas Patel
Reduce rear yard setback from 40 feet to 30 feet and reduce average
front yard setback from 83.1 feet to 47.0 feet for construction of a single
family residence.
SITE PLAN AND SITE ANALYSIS
The subject property is an interior lot located on the south side of Dunwoody Lane,
approximately 418 feet west of its intersection with Ashford Dunwoody Road, and is developed
with a one-story single-family home. The R-100 (Single Family Residential) zoned parcel is a
conforming lot of record that has a lot size of 0.345 acres or 15,067 square feet and 100.55 feet
of frontage. The applicant proposes to demolish the existing single-family dwelling and
construct a 2,360 square-foot home with a garage. The applicant proposes to reduce the average
front yard from 83.1 feet to 47 feet (including stoop) for construction of the single-family
dwelling. The proposed setback of the primary dwelling would be setback 52 feet from the front
property line. An additional variance is requested to reduce the rear yard setback from 40 feet
30 feet. Based upon building setback requirements, the buildable area for the subject property is
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approximately 27 feet x 80 feet or 2,160 square feet. The subject property appears to slope
upwards approximately 14 feet from the front of the property to the rear property line. The
submitted site plan indicates an existing septic tank will be removed and the new single-family
dwelling would be tied into the nearest sanitary sewer line.
CRITERIA TO BE USED BY THE BOARD
The applicant seeks a variance to a development standard. Consideration of this request should be
made under the terms of the following criteria, found in the City Zoning Ordinance:
No relief may be granted or action taken under the terms of this division unless such relief can be
granted without substantial detriment to the public good and without substantial impairment of the
intent and purpose of this chapter and the comprehensive plan text.
The Zoning Board of Appeals shall apply the following criteria to the types of applications
specified below as follows:
(a) Variances from the provisions or requirements of this chapter shall be authorized only upon
making all of the following findings:
(1) By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by
reason of exceptional topographic conditions, which were not created by the owner or
applicant, the strict application of the requirements of this chapter would deprive the
property owner of rights and privileges enjoyed by other property owners in the same
zoning district;
Staff Comment:
The subject property is an interior, rectangular shaped parcel which conforms with
minimum lot width and area requirements for the R-100 zoning district. Topographic
conditions exist on the subject property to warrant relief from the strict application of the
average front yard setback. The subject property slopes upwards from the street right-ofway to the rear property line. Based upon the average front yard setback and required
side and rear yard setbacks, the subject property has a limited building envelope of 27
feet x 80 feet which may deprive the property owner of rights and privileges enjoyed by
other property owners in the same district.
A reduction to the rear yard setback may not be warranted on the subject property due to
the size and shape of the lot and the applicant’s proposal to bring the dwelling closer to
the street.
(2) The requested variance does not go beyond the minimum necessary to afford relief,
and does not constitute a grant of special privilege inconsistent with the limitations upon
other properties in the zoning district in which the subject property is located;
Staff Comment:
The applicant proposes to encroach into the front yard setback, thus reducing the average
front yard setback from 83.1 feet to 47 feet. According to the submitted site plan, abutting
properties are setback further away from the street. The submitted site plan indicates Lot
7 has a front yard setback of 60 feet and Lot 9 is setback 106.2 feet from the front property
line. The average front yard setback coupled with the required side and rear yard setbacks
establishes a buildable envelope which only has a vertical length of 27 feet. The requested
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variance to reduce the average front yard setback would not constitute a grant of special
privileges due to the topography and limited buildable area of the subject parcel.
The rear yard setback reduction to 30 feet is not the minimum necessary to afford relief as
the building envelope has a horizontal length of 80 feet. The 80-foot horizontal length of
the building envelope establishes ample space to expand the proposed dwelling on the sides
without encroaching into the rear yard setback.
(3) The grant of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the zoning district in which the subject
property is located;
Staff Comment:
The granting of the reduction to the average front yard setback would not appear to be
detrimental to the public welfare or injurious to the property or improvements in the zoning
district. Staff does not believe that granting the requested variance to reduce the average front
yard setback will negatively alter the essential character of the neighborhood. According to
Brookhaven Online GIS mapping system, front building setbacks of homes along this block of
Dunwoody Lane vary from 42 feet to 106 feet from the front property line. The proposed
setback of 47 feet would be consistent with the established setbacks for the neighborhood.
With the exception of the adjacent parcel at 1277 Dunwoody Lane, similar properties
fronting on the same street within the same block have rear yard setbacks which fully
comply with the minimum 40-foot rear yard setback. The granting of the variance to
reduce the rear yard setback may appear to be injurious to the other properties or
improvements within the zoning district.
(4) The literal interpretation and strict application of the applicable provisions or
requirements of this chapter would cause undue and unnecessary hardship, not merely
impose a casual/discretionary inconvenience upon the applicant or his/her assigns; and
Staff Comment:
The strict application of the average front yard setback may cause undue and unnecessary
hardship to the applicant as the limited vertical length of 27 feet for the building envelope
does not warrant enough space to construct a modern dwelling with two-car garage. Also,
topographic conditions on the front of the subject property may restrict the placement of
the new home on site.
The reduction to the rear yard setback does not appear to cause undue and unnecessary
hardship as the applicant has the option to expand the horizontal length of the proposed
dwelling and project a maximum of 10-feet of the patio into the rear yard, eliminating the
need for a variance to reduce the rear yard setback.
(5) The requested variance would be consistent with the spirit and purpose of this chapter
and the City of Brookhaven Comprehensive Plan text.
Staff Comment:
The requested variances would have no impact on the terms of the Zoning Ordinance and
the Comprehensive Plan.
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RECOMMENDATION
Staff recommends DENIAL of the requested variance to reduce the rear year setback from 40 feet
to 30 feet.
Staff recommends APPROVAL of the requested variance to reduce the average front yard setback
from 83.1 feet to 47 feet for construction of a single family residence with the following
condition(s):
1. The applicant shall submit a revised site plan for issuance of a building permit which
indicates full compliance with the minimum 40-foot rear yard setback requirement.
2. Prior to construction, a building permit shall be reviewed and approved by the City of
Brookhaven.
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