Gwinnett County Zoning Board of Appeals December 10, 2013 6:30 P.M. Public Hearing Agenda 1. Call to Order, Pledge to Flag 2. Opening Remarks by Chairman 3. Approval of Agenda 4. Approval of Minutes (November 12, 2013) 5. Announcements (If any) 6. Old Business 7. New Business CASE NUMBER ZVR2013-00071 APPLICANT BENIGNA MORA LOCATION 5012 SUWANEE DAM ROAD, SUWANEE ZIP CODE 30024 ZONING R-100 MRN (DIST,LL,PARCEL) R7287 018 PROPOSED DEVELOPMENT ACCESSORY STRUCTURE OR USE VARIANCE TYPE ACCESSORY STRUCTURE OR USE YARD LOCATION VARIANCE REQUEST ALLOW AN ACCESSORY STRUCTURE (DETACHED GARAGE) TO BE LOCATED IN A FRONT YARD COMMISSION DISTRICT 1 CASE NUMBER ZVR2013-00072 APPLICANT SHIFA PROPERTY INVESTMENTS, LLC LOCATION 1740 DULUTH HWY., LAWRENCEVILLE ZIP CODE 30043 ZONING C1 & C2 MRN (DIST,LL,PARCEL) R7073 553 PROPOSED DEVELOPMENT CONVEINENCE STORE VARIANCE TYPE BUFFER REDUCTION VARIANCE REQUEST BUFFER REDUCTION FROM 75 FT. TO 40 FT. COMMISSION DISTRICT 1
CASE NUMBER ZVR2013-00073 APPLICANT FACTORY DIRECT REMODELING LOCATION 1496 LECHEMIN DRIVE, SNELLVILLE ZIP CODE 30078 ZONING R100 CSO MRN (DIST,LL,PARCEL) R5010 413 PROPOSED DEVELOPMENT SUN ROOM AND DECK ADDITION VARIANCE TYPE REAR SETBACK ENCROACHMENT VARIANCE REQUEST ENCROACHMENT OF 14 FT. INTO THE 20 FT. REAR YARD SETBACK COMMISSION DISTRICT 2 CASE NUMBER ZVR2013-00074 APPLICANT LINH MU BUDDHIST CENTER OF STONE MOUNTAIN LOCATION 3828 SOUTH ROCKBRIDGE ROAD, STONE MOUNTAIN ZIP CODE 30078 ZONING R100 MRN (DIST,LL,PARCEL) R6010 016 PROPOSED DEVELOPMENT GROUND SIGN VARIANCE TYPE GROUND SIGN HEIGHT INCREASE VARIANCE REQUEST INCREASE GROUND SIGN HEIGHT FROM 5 FT. TO 8 FT. AT A 5 FT. SETBACK COMMISSION DISTRICT 3 CASE NUMBER ZVR2013-00075 APPLICANT HARDMAN SIGNS LOCATION 1026 OLD PEACHTREE ROAD, LAWRENCEVILLE ZIP CODE 30043 ZONING R140 MRN (DIST,LL,PARCEL) R7105 042 PROPOSED DEVELOPMENT GROUND SIGN VARIANCE TYPE GROUND SIGN HEIGHT INCREASE VARIANCE REQUEST INCREASE GROUND SIGN HEIGHT FROM 5 FT. TO 12 FT. 6 INCHES COMMISSION DISTRICT 1 CASE NUMBER ZVR2013-00076 APPLICANT LOUISE DITOMASO LOCATION 3805 BAY CREEK ROAD, LOGANVILLE ZIP CODE 30052 ZONING RA200 MRN (DIST,LL,PARCEL) R5162 037 PROPOSED DEVELOPMENT LIVESTOCK VARIANCE TYPE LIVESTOCK QUARTERS SETBACK ENCROACHMENT VARIANCE REQUEST ALLOW LIVESTOCK QUARTERS TO BE LOCATED LESS THAN 100 FT. TO FROM PROPERTY LINE COMMISSION DISTRICT 3
CASE NUMBER ZVR2013-00077 APPLICANT J.A. MINOR c/o ANDERSEN, TATE & CARR, P.C LOCATION 2081 HOPKINS MILL ROAD, DULUTH ZIP CODE 30096 ZONING RTH MRN (DIST,LL,PARCEL) R6211 001 PROPOSED DEVELOPMENT SUBDIVING A LOT VARIANCE TYPE ROAD FRONTAGE REDUCTION VARIANCE REQUEST REDUCTION OF REQUIRED ROAD FRONTAGE FROM 50 FT. TO 0 FT. COMMISSION DISTRICT 1 8. Other Business 9. Discussions 10. Adjourn
ZVR2013-00071 GWINNETT COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT ZONING VARIANCE ANALYSIS CASE NUMBER : ZVR2013-00071 ZONING : R100 LOCATION : 5012 SUWANEE DAM RD, SUWANEE MAP NUMBER : R7287 018 PROPOSED DEVELOPMENT : ACCESSORY STRUCTURE OR USE VARIANCE REQUESTED : ALLOW AN ACCESSORY STRUCTURE (DETACHED GARAGE) TO BE LOCATED IN A FRONT YARD COMMISSION DISTRICT : (1) BROOKS APPLICANT: BENIGNA MORA 5240 SUWANEE DAM RD. SUWANEE, GA 30024 CONTACT: BENIGNA MORA PHONE: 770.292.8505 OWNER: LEUSTERIO MORA 5240 SUWANEE DAM RD. SUWANEE, GA 30024 ZONING HISTORY: The subject property is a 1.89 acre R-100 zoned lot with a single-family dwelling. The adjacent lots are zoned R-100 with single-family dwelling. DEPARTMENT ANALYSIS: The applicant is seeking approval of a variance to allow an accessory structure (detached garage) to be located in the front yard. The letter of intent states that the detached garage already existed when the property was purchased and would like to upgrade the garage to match the house. The applicant was unaware that a building permit had not been issued for the detached garage. Should the Board consider approval of this request, staff would suggest the following conditions: 1. The applicant shall obtain all required permits within 30 days of the variance action. 2. All construction shall comply with current building code requirements.
AURELIA TRAIL R75 7-309 CRYSTAL DOWNS LANE DRIVE HILLS OAKWOOD 7-310 SUWANEE DAM ROAD R100 DRIVE PRICE DOWNS WAY CRYSTAL BETHPAGE DRIVE R75CSO R100MOD HAWNLEY TRACE AKARD COURT FRIARS HEAD DRIVE 7-288 COURT WELLISFORD WEST PRICE ROAD RA200 RA200 7-287 R100 R75 7287 018 100MOD ZVR2013-00071 Gwinnett County Department of Planning and Development November 5, 2013 0 100 200 Feet LEVEL CREEK ROAD
ZVR2013-00072 GWINNETT COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT ZONING VARIANCE ANALYSIS CASE NUMBER : ZVR2013-00072 ZONING : C-1 AND C2 LOCATION : 1740 DULUTH HWY, LAWRENCEVILLE MAP NUMBER : R7073 553 PROPOSED DEVELOPMENT : CONVENIENCE STORE VARIANCE REQUESTED : BUFFER REDUCTION FROM 75 FT. TO 40 FT. COMMISSION DISTRICT : (1) BROOKS APPLICANT: SHIFA PROPERTY INVESTMENTS, LLC 1960 SATELLITE BLVD. SUITE 4000 DULUTH, GA 30097 CONTACT: MARIAN C. ADEIMY PHONE: 770.822.0900 OWNER: SHIFA PROPERTY INVESTMENTS, LLC 1960 SATELLITE BLVD. SUITE 4000 DULUTH, GA 30097 ZONING HISTORY: The subject property is a 2.08 acre C-I and C-2 (per REZ 1985-00029) zoned tract located within the Civic Center Overlay District. The adjacent lots to the south are zoned R-ZT with single family dwellings located in the Fairfield Oaks subdivision and to the west is a C-2 tract with an existing building. DEPARTMENT ANALYSIS: The applicant proposes to construct a neighborhood market and convenience store on the subject property. The property is zoned C-1 and partial zoned C-2. The applicant is seeking approval of a variance to reduce the required undisturbed buffer from 75 ft. to 40 ft. on the southern property zoned C-2 adjacent to the residential zoning district. The applicant s letter of intent states that the requested buffer will allow the planned neighborhood market and convenience store to be developed based on the existing topography without requiring a large retaining wall. The applicant also states that the retaining wall will substantially increase the cost of this development and disturb the natural landscaping area adjacent to the residential subdivision. The Department of Planning and Development approved this project designed to meet the required 75 ft. undisturbed buffer under CDP2011-00079. Should the Board consider approval of this variance request, staff would suggest the following conditions:
ZVR2013-00072 1. The buffer reduction is in general accordance with the site plan submitted dated 11/19/2013. 2. Submit a landscape plan, with a 40- foot enhanced buffer for review and approval by the Director of the Department of Planning and Development. 2
LAMP POST LANE SUGARLOAF PARKWAY 7-81 R140 7-82 R100 DE WINTON PLACE BER G EN COURT LEBANON ROAD DRIVE ENCLAVE TELFAIR CHASE WAY R100MOD C2 DULUTH HIGHWAY R100 FARMWOOD DRIVE R100 C1 C2 RACQUET CLUB DRIVE C1 R100 OI 7-73 R10 7-74 SPECTRUM DRIVE M1 ATKINSON ROAD ZT R60 7073 553 ZVR2013-00072 DRIVE WESTFIELD CRESTFIELD L ANE Gwinnett County Department of Planning and Development November 5, 2013 WESTFIEL D COURT R60 GC OTHER VACANT LAND 0 100 200 Feet RZT MARGATE COURT RACQUET CLUB CIRCLE DEHAVEN COURT
ZVR2013-00073 GWINNETT COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT ZONING VARIANCE ANALYSIS CASE NUMBER : ZVR2013-00073 ZONING : R100 CSO LOCATION : 1496 LECHEMIN DRIVE, SNELLVILLE MAP NUMBER : R5010 413 PROPOSED DEVELOPMENT : SUN ROOM AND DECK ADDITION VARIANCE REQUESTED : ENCROACHMENT OF 14 FT. INTO THE 20 FT. REAR YARD SETBACK COMMISSION DISTRICT : (2) HOWARD APPLICANT: FACTORY DIRECT REMODELING 2687 MCCOLLUM PARKWAY KENNESAW, GA 30014 CONTACT: MICHAEL LAUDETTE PHONE: 770.596.7517 OWNER: IRENE MADDEN 1495 LECHEMIN DRIVE SNELLVILLE, GA 30078 ZONING HISTORY: The subject property is a 0.13 acre R-100 CSO zoned lot with a single-family dwelling located within the Nash Farm Estates subdivision. The adjacent lots are zoned R-100 CSO with singlefamily dwelling and open space on the southern property line. DEPARTMENT ANALYSIS: The applicant is seeking approval of a variance to encroach 14 ft. into the 20 ft. rear yard setback. The letter of intent states they are proposing a sunroom on existing patio. The applicant has provided consent from two adjacent property owners. Should the Board consider approval of this request, staff would suggest the following conditions: 1. The applicant shall obtain all required permits within 30 days of the variance action. 2. All construction shall comply with current building code requirements.
ORCHARD LANE APPLE BRENTFORD COVE APPLE ORCHARD TRAIL 5-23 R100CSO LECHEMIN DRIVE 5-10 ROAD BROOK HOLLY HIGHPOINT ROAD SNELLVILLE RS1 5010 413 ZVR2013-00073 Gwinnett County Department of Planning and Development November 5, 2013 0 50 100 BROOKSIDE RUN Feet R100 5-
ZVR2013-00074 GWINNETT COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT ZONING VARIANCE ANALYSIS CASE NUMBER : ZVR2013-00074 ZONING : R100 LOCATION : 3828 SOUTH ROCKBRIDGE ROAD, STONE MOUNTAIN MAP NUMBER : R6010 016 PROPOSED DEVELOPMENT : GROUND SIGN VARIANCE REQUESTED : INCREASE GROUND SIGN HEIGHT FROM 5 FT. TO 8 FT. AT A 5 FT. SETBACK COMMISSION DISTRICT : (3) HUNTER APPLICANT: LINH MU BUDDHIST CENTER OF STONE MOUNTAIN 3828 SOUTH ROCKBRIDGE ROAD STONE MOUNTAIN, GA 30087 CONTACT: GEORGE AWUKU PHONE: 404.597.6745 OWNER: LINH MU BUDDHIST CENTER OF STONE MOUNTAIN 3828 SOUTH ROCKBRIDGE ROAD STONE MOUNTAIN, GA 30087 ZONING HISTORY: The subject property is an 8.91acre R-100 (REZ1972-00072) zoned lot with an existing Buddhist Center. The adjacent lots are zoned R-100 a Buddhist Center to the northern property line and single-family dwellings to the southern property line. DEPARTMENT ANALYSIS: The applicant is seeking approval of a variance to increase ground sign height from 5 ft. to 8 ft. at a 5 ft. setback. The letter of intent states the sign height increase would allow for optimal visibility for visitors and congregants. The applicant also states this location is in heavily wooded area with limited visibility. The Gwinnett County Sign Ordinance allows a maximum of 5 ft. on a residential lot. Should the Board consider approval of this request, staff would suggest the following conditions: 1. The applicant shall obtain all required permits prior to construction.
R100 6-24 6-23 ROAD JUHAN R100 SOUTH ROCKBRIDGE ROAD 6-10 YELLOW RIVER PARK R100 6-9 DeKalb County 6-7 6010 016 ZVR2013-00074 Gwinnett County Department of Planning and Development November 5, 2013 0 100200 Feet C2 BEND HORSESHOE
ZVR2013-00075 GWINNETT COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT ZONING VARIANCE ANALYSIS CASE NUMBER : ZVR2013-00075 ZONING : R140 LOCATION : 1026 OLD PEACHTREE ROAD, LAWRENCEVILLE MAP NUMBER : R7105 042 PROPOSED DEVELOPMENT : GROUND SIGN VARIANCE REQUESTED : INCREASE GROUND SIGN HEIGHT FROM 5 FT. TO 12 FT. 6 INCHES COMMISSION DISTRICT : (1) BROOKS APPLICANT: HARDMAN SIGNS 3605 SANDY PLAINS ROAD SUITE 240 481 MARIETTA, GA 30066 CONTACT: KEVIN TULL PHONE: 404.729.6699 OWNER: NORTH METRO BAPTIST CHURCH 1026 OLD PEACHTREE ROAD N.E. LAWRENCEVILLE, GA 30043 ZONING HISTORY: The subject property is a 46.81 acre R-140 (per REZ1997-00068 and SUP1995-00044) zoned tract with an existing church. The adjacent tract to the west and northwest is an RM-10 zoned apartment complex (Highlands at Gwinnett), to the northeast is the Gwinnett Braves Stadium zoned MUO and to the east is an undeveloped MUO zoned tract. DEPARTMENT ANALYSIS: The applicant is seeking approval of a variance to increase the height of a ground sign from 5 ft. to 12 ft. 6 inches. The applicant plans to remove one of the existing ground signs and replace it with a new sign. The letter of intent states that the additional height is needed to display the church logo in a proportional manner. In November of 1999, a variance (ZVR1999-00249) was granted to allow two ground signs on a single road frontage. The original ground signs were permitted in 1995 and 2000 and met all county codes at that time. The Gwinnett County Sign Ordinance allows a maximum height of 5 ft. for a ground sign on a residentially zoned tract. Should the Board consider approval of this request, staff would suggest the following conditions: 1. The architectural design and color shall be consistent with the existing ground sign. 2. There shall be no flashing, moving, blinking or LED lights located within the sign.
ZVR2013-00075 3. The sign shall be indirectly illuminated. 4. All required permits shall be obtained prior to any construction. 2
R100 R75 COURT SPRINGFOUNT 7-148 7-147 M1 MUO C2 BRAVES AVENUE RECREATION AREA R100CSO BLUFFTON ROAD WAY BLUFF WHITE 7-133 PARKWAY CENTER TECH OVERLOOK PARK LANE C2 BRAVES STADIUM R100 WHITEBLUFF WAY LANE DANVER PIERCE COURT BRENNEN 7-132 00 IVY PIERCE COURT RZT MILLBANK COURT SUWANEE POINTE DRIVE CEDAR DRIVE 7-131 CLOCK FACE COURT RM10 R140 MUO C2 VACANT LOT W/78" WATER MAIN C1 SWI N G CIR CLE OI COURT PRADA YOUNG AMERICA DRIVE SLEW AVENUE 7-106 OLD PEACHTREE ROAD FRIARS GATE DRIVE AZALEA DRIVE BUFORD DRIVE LINE DRIVE DeKalb County 7105 042 ONE WORLD DRIVE R100CSO R100 ZVR2013-00075 Gwinnett County Department of Planning and Development November 5, 2013 DRIVE CEDAR FARMS 0 200 400 PINE STREAM DRIVE Feet STREAM COURT PINE CHAUCER GATE COURT DRIVE WALK BISHOPS C1 C2 7-105 R60 R100 R75MOD DRIVE WICKER PINE
ZVR2013-00076 GWINNETT COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT ZONING VARIANCE ANALYSIS CASE NUMBER : ZVR2013-00076 ZONING : RA200 LOCATION : 3805 BAY CREEK ROAD, LOGANVILLE MAP NUMBER : R5162 037 PROPOSED DEVELOPMENT : LIVESTOCK QUARTERS VARIANCE REQUESTED : ALLOW LIVESTOCK QUARTERS TO BE LOCATED LESS THAN 100 FT. FROM PROPERTY LINE COMMISSION DISTRICT : (3) HUNTER APPLICANT: LOUISE DITOMASO 3805 BAY CREEK ROAD LOGANVILLE, GA 30052 CONTACT: LOUISE DITOMASO PHONE: 678.642.8554 OWNER: PETER DITOMASO 3805 BAY CREEK ROAD LOGANVILLE, GA 30052 ZONING HISTORY: The subject property is a 9.60 acre RA-200 (per REZ2000-00112) zoned tract with a single-family dwelling and animal quarters. The adjacent tracts to the south are zoned R-100 and are developed with single-family homes and agricultural/ equestrian uses on large acreage tracts. Adjacent tract to the north is vacant R-100 zoned property and to the west is zoned R-100 with a single family dwelling. The subject property was zoned RA-200 in 2000 for use as single-family home with accessory stables and equestrian facilities. DEPARTMENT ANALYSIS: The applicant is seeking approval of a variance to allow livestock quarters (barn and riding ring) to be located less than 100 ft. from property line. Per the submitted site plan, the barn is located 15 from the property line and the riding ring is located 60 from the property line. The letter of intent states that the barn in question is well-maintained, is equipped with a commercial fly spray system, and that all manure is hauled from the property two times per week. The applicant states that they established their business in 2000 before the neighbor s house was built and they request approval to keep the barn and the riding ring where they are currently located. The variance request is the result of a citizen complaint to the Code Enforcement Unit (CEU2013-09117). A building permit was not found for the barn in question. Should the Board consider approval of this variance request, staff would suggest the following conditions:
ZVR2013-00076 1. The applicant shall obtain all required permits within 30 days of the variance action. 2. All construction shall comply with current building code requirements. 2
RA200 C1 MH R140 R100CSO OI LOGANVILLE HIGHWAY 5-191 BAY FOREST COURT 5-162 RA200 OAKLAND BAY COURT BAY GROVE ROAD R22 TRADITIONS DRIVE BAY CREEK ROAD DeKalb County R100 BRAND ROAD R22 5162 037 ZVR2013-00076 Gwinnett County Department of Planning and Development November 5, 2013 0 100 200 Feet R44 LOGANVILLE 5-161 RA200 5-
ZVR2013-00077 GWINNETT COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT ZONING VARIANCE ANALYSIS CASE NUMBER : ZVR2013-00077 ZONING : RTH LOCATION : 2081 HOPKINS MILL ROAD, DULUTH MAP NUMBER : R6211 001 PROPOSED DEVELOPMENT : SUBDIVIDING A LOT VARIANCE REQUESTED : REDUCTION OF REQUIRED ROAD FRONTAGE FROM 50 FT. TO 0 FT. COMMISSION DISTRICT : (1) BROOKS APPLICANT: J.A. MINOR c/o ANDERSEN, TATE & CARR, P.C. 1960 SATELLITE BLVD. DULUTH, GA 30097 CONTACT: MARIAN ADEIMY PHONE: 770.822.0900 OWNER: J.A. MINOR c/o ANDERSEN, TATE & CARR, P.C. 1960 SATELLITE BLVD. DULUTH, GA 30097 ZONING HISTORY: The subject property is a 4.44 acre R-TH (per RZM2006-00009) zoned tract with a single-family dwelling located on Hopkins Mill Road. The adjacent tract to the north is an R-75 zoned Georgia Power easement, to the south is zoned C-2 with an existing shopping center, and to the west is an undeveloped R-75 zoned tract. DEPARTMENT ANALYSIS: The applicant is seeking approval of a variance to reduce the required road frontage from 50 ft. to 0 ft. The letter of intent states that they are proposing to divide the parcel into two tracts. Tract 1 contains 3.90 acres with an existing dwelling. Tract 1A contains 0.54 acres. Should the Board consider approval of this request, staff would suggest the following condition: 1. An exemption plat shall be submitted and approved.
POND ROAD R75CSO RA200 R75 FAIRWAY VIEW COURT RZT HOPKINS MILL ROAD RM CREEK FORD DRIVE R60 HOP KINS RUN DRIVE 6-229 HOPK INS BLUFF WA M1 INGRAM ROAD PAR CIRCLE LAKE FORD CIRCLE 6-228 FAIRWAY ROAD FAIRWAY CIRCLE WAY TGOMERY MON GREEN STREET RTH 6-210 R75 SIERRA COURT SATELLITE BOULEVARD C2 RM13 WAY MILL OLD DeKalb County 6-227 RECREATION AREA 6-211 GWINNETT CLEAN & BEAUTIFUL LANE RIDGE VALLEY 6211 001 ZVR2013-00077 ROAD GREENWAY 6-212 Gwinnett County Department of Planning and Development November 5, 2013 0 100200 Feet TRAIL HICKORY BIG DRIVE VALLEY RIDGE M1 ROAD RUIN BEAVER NORCROSS I85S I85N M2