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WARD / COUNCILMEMBER: Ward 7 / Lewis Wheaton
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Title
Public Hearing - V21-005 - Allow encroachment into 75-foot impervious surface area setback - Land Lot 537 - 1254 Grand View Drive - Brian & Allison Wray
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ISSUE AND BACKGROUND: The applicant is requesting a variance to allow encroachment into the City’s 75-foot impervious setback to allow for the construction of a new swimming pool and hot tub at 1254 Grand View Drive. The City’s stream buffers are controlled by Chapter 46, Article VI.
RECOMMENDATION / REQUESTED ACTION: The applicant is requesting relief from the City’s 75-foot impervious setback to install a pool and spa in the rear yard. 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 reviewed the request against the variance review standards and found it to be in compliance with four (4) of the four (4) standards. At the time of this report, Community Development has not received any calls in opposition to the request. After a review of the standards above, Community Development believes that the encroachment will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variance with the following conditions:
1. Approval is conditioned upon substantial compliance with the site plan submitted with the variance application.
2. An Inspection and Maintenance Agreement must be completed and filed with Cobb County prior to issuance of a pool permit.