Impact
WARD: 5
COMMITTEE: Community Development
$ IMPACT: N/A
Title
Public Hearing - Variance Request - V18-017 - Allow front setback reduction for accessory structure from 35 ft. to 20 ft. - Land Lot 347 - 0.41 acres - 2291 S Cobb Dr - Dive In, Inc - Lee Staggs
Body
ISSUE: The applicant is operating as a landscape contractor at 2291 S Cobb Drive and has requested several variances in order to fence the property and store equipment on site due to security reasons. Landscape contractors are allowed within the GC zoning district provided that the storage of equipment, materials or commercial vehicles is conducted entirely within an enclosed building or in the rear yard of the property. The outside storage of equipment, materials and commercial vehicles must be screened from the public right-of-way and adjoining properties through the use of opaque fencing. The subject property has double road frontage and is bounded by S Cobb Drive and Ventura Drive. In addition to the code requirements, the applicant has stated that there are security risks in the vicinity of the subject property and has already experienced theft from the property. This request is associated with V18-014 - V18-018.
BACKGROUND: None.
RECOMMENDATION/REQUESTED ACTION: The applicant is requesting variances to permit a new 800 sq. ft. accessory structure in the front/side yard, with a front setback reduction of 20 ft., and allow a fence with a 10 ft. setback along both road frontages. According to Section 1403 of the Zoning Ordinance, variances must be reviewed under the following standards: (1) Whether there are unique and special or extraordinary circumstances applying to the property; (2) Whether any alleged hardship is self-created by any person having an interest in the property; (3) Whether strict application of the relevant provisions of the code would deprive the applicant of reasonable use of the property; and (4) Whether the variance proposed is the minimum variance needed. Community Development has communicated with one resident that has concerns regarding the reduced setbacks. After a review of the standards above Community Development believes that the setback encroachments will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variances with the following conditions:
1. Approval of the requested variance shall be conditioned upon the development of the property in substantial compliance with the site plan submitted with the variance application.
2. A 20 ft. wide gate with Knox Box is required for Fire Department access.
3. A 20 ft. wide clearance shall be maintained in the parking lot for Fire Department turnaround.
4. A row of evergreens shall be planted along the fence line on S Cobb Drive.
REQUESTED ACTION: The License and Variance Board hold a public hearing per Section 1400 of the Smyrna Code.