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PETITION NUMBER: V16-010

PROPERTY INFORMATION 2745 WEBB ROAD

DISTRICT, LAND LOT 2/2,1049

OVERLAY DISTRICT DEERFIELD/HWY 9 FORM BASED CODE

EXISTING ZONING T-4 OPEN ACRES .35

EXISTING USE UNDEVELOPED LOT

FUTURE LAND USE OFFICE

DESIGNATION

REQUESTED VARIANCES:

To reduce the 100 foot setback to 0 feet along the east and north property lines of

the amenity area (Section 64, 1609,2,b)

PETITIONER(S) Michelle Horstemeyer, John Wieland Homes

ADDRESS 4125 Atlanta Road, SE

Smyrna, GA 30080

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COMMUNITY DEVELOPMENT STAFF ANALYSIS

STAFF CONTACT: ANGELA RAMBEAU

678.242.2539

Background:

The site, is a .34 acre lot located on Stourbridge Common, a new road in the Kensely

subdivision off of Webb Road. It is zoned T-4. The subdivision’s developers, John Wieland

Homes, proposes to build the neighborhood amenity area on this site. The amenity area will

include a pool and a bath house. The chosen lot is in the rear of the subdivision, adjacent to

the Krogers retail center. There is an existing 20-30 foot retaining wall on the Krogers property

that will form the backdrop of the amenity area. The lot is bordered by open space which

includes a stream to the west, and a proposed single family home to the east.

Section 64, 1609,2,b1 states that neighborhood swimming pools, pool equipment and decks

must be located at least 100 feet from all adjoining interior property lines, and at least 100

feet from all property lines which abut single family uses. The developers propose to place

the pool approximately 53 feet from the east side property line which abuts a single family

lot. The west is bordered by contiguous open space. The pool deck is located 29 feet from

the east property line. Since the developer proposes to place the pool and pool deck closer

than the required 100 feet from single family residential lots, a variance is required.

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DESIGN REVIEW BOARD (DRB) COURTESY REVIEW:

On October 4, 2016, the DRB offered the following comments:

Why not move the amenity area to lots 59,60, and 61. Or to lots 11 &12. This will tie the

two amenity areas together.

This development is already pretty dense. It seems that they are just trying to cram

more stuff in. Maybe you should have fewer houses. I am not in support.

Nobody would want their house backing up to a 30 foot retaining wall.

The amenity area should be put where it affects the least amount of people. This

location would minimize light and noise pollution.

You, the developer, know what you bought. You should plan for it.

ADDITIONAL DEPARTMENT COMMENTS

The staff held a Focus Meeting on October 5, 2016, at which the following comments

were provided:

SITE PLAN REVIEW

STAFF CONTACT JIMMY SANDERS

678.242.2543

No comments.

ARCHITECT

STAFF CONTACT ROBERT BUSCEMI

678.242.2607

No comments.

ARBORIST

STAFF CONTACT MARK LAW

678.242.2552

Increase 7’ to 10’ along southern strip.

Evergreen tree selection along the

southern strip to be coordinated with the

Arborist.

DOT/STORMWATER

STAFF CONTACT SARAH LEADERS

678.242.2559

No comments.

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Standards for Consideration:

The approval of a variance is based on the following consideration(s):

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 response:

The applicant states that because the proposed lots is only 15-x100’ total length and width, it

would be impossible to building anything with 100 foot setback as prescribed by the current

code. Being that this location is surrounded by future unbuilt homes to the north and East,

and faces a large offsite retaining wall for the back of a Kroger commercial property to the

South, we believe that we would comply with the four conditions in order to be granted this

variance.

The staff response:

It is Staff’s opinion that the intent of the Ordinance is to protect homeowners from

possible disturbances, such as noise and light, from the amenity area. In this case, the

amenity area is being constructed prior to the construction or sale of the surrounding

homes. Any potential homebuyer would be aware of the amenity area prior to the

purchase of their home.

The Ordinance requires 100 feet from pool deck to property line. The applicant chose

to leave a certain amount of space for the amenity area which does not allow the

required setback.

The proposed amenity area is located in one of the less desirable areas of the site due

to the 20-30 foot tall Kroger’s retaining wall. It is staff’s opinion that an amenity area on

this site would be preferable to homes. The general public would not be affected by

this variance, if approved.

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Allowing the applicant to construct an amenity area in this space is probably the best

use of this lot. Public safety, health and welfare will not be harmed by the granting of

this variance.

Recommended conditions:

Should the Board choose to approve the application, Staff recommends the following

conditions(s):

Approval per the site plan dated

Final design of the entrance wall/bath house to be approved by the City

Architect.

Landscape strip plantings to be approved by the City Arborist.

Staff recommendation:

Staff recommends approval with conditions of this request.

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