Mayor's Coffee / Coffee With Joe 9 A.M.
Board of Zoning Appeals 6:00 P.M.
To: Honorable Mayor and City Council
Board of Zoning Appeals
Design Review Board
Jeanette Marchiafava, City Clerk
Tom Wilson, Director of Community Development
Daniel Drake, Director of Public Works
Mike Tuller, Deputy Director of Community Development
Jim Seeba, Transportation/Stormwater Planning
Mark Law, Arborist
Jimmy Sanders, Site Review/Development Coordinator
From: Angela Cutler Rambeau, Planner, Community Development
Date: December 7, 2007
Board of Zoning Appeals, December 18, 2007, 6:00 P.M.
1. Call to order
2. Approval of October meeting minutes
3. Approval of November meeting minutes
4. V07-014, Deferred from November,
OWNER/PETITIONER Steve Rothman
Birmingham Corner, LLC
ADDRESS 2849 Paces Ferry Road
Suite 700, Overlook 1
Atlanta, GA 30339
ADDRESS 981 Birmingham Road
DISTRICT, LAND LOT 2,2,380
OVERLAY DISTRICT BIRMINGHAM CROSSROADS
EXISTING ZONING C-1 ACREAGE 2.03
EXISTING USE CELL TOWER (U92-02), UTILITY EASEMENTS
FUTURE LAND USE NEIGHBORHOOD LIVING/WORKING
1. To allow a building to exceed the maximum setback of 10 feet along Birmingham Hwy, by 45 feet.
2. To allow a building to exceed the maximum setback of 10 feet along Birmingham Road by, 71 feet.
COMMUNITY DEVELOPMENT STAFF ANALYLSIS
STAFF CONTACT ANGELA RAMBEAU
The site, 981 Birmingham Road, is located at the southeast corner of Birmingham Highway (S.R. 372) and Birmingham Road, and consists of 2.03 acres. It was zoned to C-1 unconditional in November 2004. The proposed development is located within the Birmingham Crossroads Overlay District. As shown on the attached site plan, the site includes a 30 foot wide utility easement along Birmingham Road and Birmingham Highway containing high voltage electric transmission and distribution lines and structures for Georgia Power, Sawnee EMC and communication lines for Bellsouth.
The developers, Birmingham Corners, LLC have proposed a building that contains approximately 10,500 square feet of first floor area with a 3,060 square foot mezzanine/storage second level. Forty-seven (47) parking spaces are proposed, along with a pharmacy drive through. This number is within the City of Milton requirements for parking spaces.
The City of Milton Design Review Board (DRB) reviewed the proposed development on June 5, 2007 and offered the following suggestions:
• Work with architect to create a building that fits character of area. Study old drugstores to see characteristics.
• Building should be two story; extend building over drive through so that it does not look like an ‘add on’.
• Possibly reduce number of parking spaces.
• Provide some kind of decorative feature/gateway at corner.
The applicant submitted plans for a Land Disturbance Permit to the City on June 6, 2007.
Section 12H(2).4.A.1.c/12H(2).5.A.1 of the City of Milton Zoning Ordinance requires a maximum setback of ten feet along existing roads(Birmingham Highway, Birmingham Road, Hickory Flat Road) in the Birmingham Crossroads Overlay Village center. The applicant’s variance proposes a minimum setback of 55 feet along Birmingham Highway and a minimum setback of 81 feet along Birmingham Road.
Standards for Consideration:
The applicant has indicated a justification for variance based on the following standard(s):
1. Relief, if granted, would be in harmony with, or could be made to be in harmony with, the general purpose and intent of the Zoning Ordinance.
The applicant states that positioning the building in its proposed location will support the Zoning Ordinance’s stated purpose which includes "securing safety from fire, flood and other dangers…, providing adequate light and air…, and facilitating adequate provision for transportation, communications …and other public requirements." If the maximum setback is enforced, the terms of the utility easements would be violated, as the building would have to be placed under the high voltage transmission and distribution lines, communication lines and within the utility easements. The utility easement prohibits the construction of a building within its boundaries. The possibility of a fallen line or pole causing a fire or electrocuting someone would pose a threat to public safety, as well. The proposed location of the building would also allow adequate space to provide for future above and underground transmission lines and the necessary space to maneuver repair vehicles when repairs are necessary. The applicant states that the proposed building would be placed as close to the road as possible, without violating the terms of the utility easements and high voltage lines.
2. The application of the particular provision of the Zoning Ordinance to a particular piece of property, due to extraordinary and exceptional condition pertaining to that property because of it size, shape, or topography, would create an unnecessary hardship for the owner while causing no detriment to the public.
The subject lot is shaped in a roughly trapezoid manner. The applicant states that the existing utility easements overlap the location of the maximum 10 foot building setback, thus preventing compliance. The applicant points out that the site includes a "hole" within its boundaries. This hole is a 6,400 square foot cell tower site, owned by a separate entity. This limits the design possibilities on the applicant’s site. According to the applicant, the shape and configuration of the lot, as well as the topographical characteristics due to the existence of the many utility poles and lines all converging on the subject property along the sides of the lot which front on the roads, are unique, exceptional and extraordinary. All of these conditions were present prior to the adoption of the maximum 10 foot setback as required by the City of Milton Birmingham Crossroads Overlay District. In his opinion, no other lot contains these particular and similar features, especially no other corner lot with the maximum 10 foot building setback requirement.
If the Board decides to approve the proposed variances, Staff recommends the following conditions:
1. Provide some kind of decorative feature/gateway/landscape area at the corner.
5. V07-020, Ronald Wallace
6. Other business