STAFF REPORT TO THE MAYOR & COUNCIL Mollie Bogle, Planner November 12, 2018

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1 (Page 1) VAR STAFF REPORT TO THE MAYOR & COUNCIL Mollie Bogle, Planner November 12, 2018 APPLICATION INFORMATION Parcel Identification Number: M [Tract A and B] Physical Address: 944 Pearl Street Applicant / Owner: Leon Peters Zoning Action Requested: Variance Campaign Contributions: None filed Conflict of Interest: None filed INTRODUCTION The Applicant requests minimum lot area variances from Section at 944 Pearl Street (M02 037) [Tract A and B] [ATTACHMENT A]. The Applicant requests (A) a variance to reduce the minimum lot area of Tract A from 0.25 acres to 0.21 acres, a variance of 0.04 acres; and (B) a variance to reduce the minimum lot area of Tract B from 0.25 acres to 0.17 acres, a variance of 0.08 acres [ATTACHMENT B]. No public comment has been filed as of the date of this report. ZONING HISTORY The Property was zoned Small Lot Residential District (R4) in CITY OF MADISON PLANNING & ZONING COMMISSION PUBLIC HEARING October 18, 2018 Motion by Houston to recommend denial of the dimensional requirement variances from Section at 944 Pearl Street (M02 037) [Tract A and B] based on the application, public hearing, and discussion, and considering applicable standards, due to the following reasoning(s), finding(s), and/or conclusion(s): approval of variances to create nonconforming lots of record at the point of subdivision undermines the ability to enforce said requirements in any zoning district; seconded by Smock; vote to approve the motion unanimous (2-0; Anderson, Nolan-Kuperbeg, and Wall absent; Terrell-Alexander recused). STANDARDS FOR VARIANCE APPLICATION DECISIONS (SECTION ) Standards (1) there are extraordinary and exceptional conditions pertaining to the property because of size, shape, or topography; (2) the literal application of this Ordinance would create an unnecessary hardship; (3) variance would not cause substantial detriment to public good or impair the purposes or intent of this Ordinance; Staff Comments According to the Applicant, The existing tract of land has a greater lot area than many of the surrounding developed lots in the area Nevertheless, it does not appear there are extraordinary and exceptional conditions pertaining to the property because of size, shape, or topography. However, as sufficient evidence has not been provided by the Applicant to support their claim, Staff cannot provide a definitive assessment. According to the Applicant, It is not considered economical feasible to build a single dwelling on this larger track of land as it exists Nevertheless, it does not appear the literal application of this Ordinance would create an unnecessary hardship. However, as sufficient evidence has not been provided by the Applicant to support their claim, Staff cannot provide a definitive assessment. It does appear this variance would cause substantial detriment to public good and severely impair the purposes or intent of this Ordinance by creating a precedent of allowing the creation of nonconforming lots of record at the point of subdivision. Mayor and Council denied a similar request earlier this year (Edward Good on behalf of Friesen Real Estate

2 (Page 2) VAR (4) a variance will not confer upon the property of the applicant any special privilege denied to other properties in the district; (5) the special circumstances surrounding the request for the variance are not the result of acts by the applicant; (6) the zoning proposal is consistent with the construction and design standards and design criteria adopted by the City of Madison; and, (7) the variance is the minimum variance that will make possible an economically viable use of the land, building, or structure. Holdings, LLC at 622 Foster Street (M20 081) and 498 S. Main Street (M20 071)). It does appear this variance may confer upon the property of the applicant a special privilege denied to other properties in the zoning district. No other property owner may create nonconforming lots of record at the point of subdivision. See Staff comment to Section (3) above. It does appear the special circumstances surrounding the request for the variance are the result of acts by the applicant. The property is a developed with a single-family residential dwelling. N/A N/A SUMMARY Staff advises that any motion to: APPROVE the dimensional requirement variances from Section at 944 Pearl Street (M02 037) [Tract A and B] based on the application, public hearing, and discussion, and considering applicable standards, with the following condition(s), clarification(s), and/or changes(s): DENY the dimensional requirement variances from Section at 944 Pearl Street (M02 037) [Tract A and B] based on the application, public hearing, and discussion, and considering applicable standards, due to the following reasoning(s), finding(s), and/or conclusion(s): approval of variances to create nonconforming lots of OTHER ACTION(S): record at the point of subdivision undermines the ability to enforce said requirements in any zoning district. City of Madison Main Street & Planning Department Mollie Bogle, Planner 132 N. Main Street P.O. Box 32 Madison, GA (706) x224 mbogle@madisonga.com All materials submitted by the applicant are available at City Hall or online at Staff will have copies of these materials at all public hearings.

(Page 3) Morgan County, GA ATTACHMENT A Overview Legend Parcels Roads 106 ft Parcel ID M02 037 Class Code Residential

43 (Note: Not to be used on legal documents) Owner PETERS LEON & PAT PETERS 2691 OLD BUCKHEAD ROAD MADISON GA 30650

3 (Page 3) Morgan County, GA ATTACHMENT A Overview Legend Parcels Roads 106 ft Parcel ID M Class Code Residential Taxing District MADISON MADISON Acres 0.43 (Note: Not to be used on legal documents) Owner PETERS LEON & PAT PETERS 2691 OLD BUCKHEAD ROAD MADISON GA Physical Address 944 PEARL ST Assessed Value Value $44514 Last 2 Sales Date Price Reason Qual 9/10/2008 $28000 N9 U 5/18/ ND U Date created: 10/11/2018 Last Data Uploaded: 10/11/2018 7:08:59 AM Developed by

4 (Page 4) ATTACHMENT B

5 (Page 5)

6 (Page 6) Variance Request: 944 Pearl Street, Madison, Georgia Applicant s Name: Leon Peters and Pat Peters Owners Address: 2691 Old Buckhead Road, Madison Georgia Address of Subject Property: 944 Pearl Street, Madison, Georgia ) Registered land Survey/Site plan submitted indicating the proposed buildable area of each proposed lot after all applicable required setbacks are applied. 2) The subject property is adjacent to and surrounded by single family homes developed on small lots on each side and rear. 3) The minimum lot size for a single-family development in a R-4 zoning district is.25% of an acre (10, 890 sq. ft.) per the 2011 Madison Zoning Ordinance, Chapter 90, Section The subject lot is currently.38% of an acre located on the corner of Pearl street and Mapp street in Madison, Georgia. It is our request to reduce the required lot area from the required.25% of an acre to the following proposed lot areas in order to subdivide the existing lot into two lots. The variance request is to allow a lot area of.21% (9,148 sq. ft.) of an acre fronting on Pearl Street and the other lot will have a lot area of.17% (7,405 sq. ft.) of an acre fronting on Mapp Street. 4) The existing tract of land has a greater lot area than many of the surrounding developed lots in the area and it is our desire to subdivide our lot and build a single-family dwelling on each lot. It is moreover economical viable to subdivide the lot into two lots for the following reasons: It would strengthen the city economic base. Protect residential investments and promote sustained stability of the residential area. Ensure the appearance and effects of residential buildings and uses which are consistent with the character of the area while providing off street parking and ample yard space. 5) It is not considered economical feasible to build a single dwelling on this larger track of land as it exists and leave an open space of blight on the neighborhood. The proposed smaller lot will be in keeping with the character of the neighborhood since this is an older neighborhood which is currently thriving to provide affordable housing and an increase in property valuations.

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DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT BOJNANGLES SIGN VARIANCES

DEVELOPMENT DEPARTMENT STAFF REPORT Meeting Date: February 15, 2018 Item #: _PZ2018-222_ STAFF REPORT BOJNANGLES SIGN VARIANCES Request: Multiple variances for signage for a drive-through establishment