Petition V-8, 2009

Search Tags <Christopher, Mary Fair, R-20, Westbury Park Trace, Paper Mill Road, rear setback>

Christopher Fair & Mary Fair, 678-477-3061, representing themselves, request waiving the rear setback for an accessory structure (proposed 640 square foot pool cabana) on lot 4 from the required 40 feet to 18 feet.
Property is located on the west side of Westbury Park Trace, north of Paper Mill Road (460 Westbury Park Trace); 17th District, Land Lot 1043, Parcel .
Size of tract is 0.6921 acres or 30,150 s.f.
Present zoning is R-20 (20,000 s.f. lots)
Contiguous zoning is:
North: R-80 (single family residence), R-20 (Westbury Park (?) subdivision);
East: R-20 (Westbury Park (?) subdivision);
South: R-20 (Westbury Park (?) subdivision);
West: R-40 (single family residence), R-40 (single family residence).
Land use category: Low Density Residential (LDR)
Case manager is Mike Gerrits
BZA board member is Kim Swanson
Reason: In the event of non approval, .we feel that we would not be able to construct an appropriate safety barrier for unintended usage of the pool. The intended structure will allow also assist in the reduction of “noise” to neighboring homes. Without this variance, we believe some neighbors might be inconvenienced. This is due to our restrictive site locations. Encroachment upon rear setback for open-area structure.
Staff Comments: 
ECCA position:  We support the position taken by the Chattahoochee Plantation Homeowners Association. Applicant must meet all staff comments and recommendations.
Maximum impervious surface % allowed: 35% (10,555 s.f.)
Maximum impervious surface % planned: Unknown
BZA Action: HOLD for 30 days. Applicant to meet with Stormwater Management to address the control of runoff from adjacent tracts through the tract and to the subdivision detention facility. Original plat showed a stormwater easement across the rear of the property and running in the same area occupied by the swimming pool. Applicant’s architect says the stormwater channel is not needed. 
County attorney questions whether the BZA can reduce the setbacks to make the construction of the swimming pool and cabana possible (may need a rezoning to do so).