PETITION NO. 20006ZM-0039 SFC

 

 

Project:                            Jailette Estates Subdivision

 

Location:                                     Jailette Road                        

 

Applicant's Intent:             To modify Condition 3.a to reduce the 6-foot high earthen berm, or a 25-foot buffer and 10-foot improvement setback to a 10-foot landscape strip planted to buffer standards along Jailette Road and to allow the landscape strip to be part of lot number 1 as shown on the site plan referenced in Condition 2.a.

 

Existing Petition No.:        2006Z -0032 SFC

 

Existing Zoning:                       R-3 (Residential)                              

 

Owner:                                           Dauda Saibu                        

 

Applicant:                                      Dauda Saibu

 

Representative:                       Believe Home Investments, LLC    

 

 

Department of Environment and Community Development

Recommendation

 

APPROVAL CONDITIONAL: 2006ZM-0039 SFC

 

 

Condition To Be Modified:                     

 

3.         To the owner's agreement to the following site development considerations:

 

a.         Provide an earthen berm, planted to landscape strip standards, with a maximum slope of 3 to 1 or a 25-foot undisturbed buffer replanted to buffer standards where sparsely vegetated with an additional setback for all  improvements of 10 feet subject to the approval of the Fulton County Arborist along the Jailette Road frontage.  Said berm is to be a minimum of 6 feet high measured from the finished grade on both sides of the berm and located outside of any public right-of-way. Said berm is to be located so that any required landscape strip is incorporated into the berm's final design. Berms and/or buffers shall not be part of any individual lot and shall be maintained by a mandatory homeowners association.

Analysis and recommendation

 

The subject site is zoned R-3 (Residential), pursuant to 2006Z -0032 SFC. The applicant is seeking a modification of zoning condition 3.a. to reduce the required 6-foot high berm or 25-foot buffer and 10-foot improvement setback to a 10-foot landscape strip planted to buffer standards along Jailette Road.

 

Staff has reviewed the proposed modification and notes that the applicant has demonstrated a valid hardship based on the size and shape of the subject site. The applicant's site plan indicates that if lot number 1 were to be developed per the Recommended Conditions; it would have to be reduced in size from more than 23,000 square feet to 14,143 square feet. Staff notes that a lot size less than 18,000 square feet cannot be developed since it does not comply with the R-3 (Residential) development standards. Staff further notes that the proposed changes only impact one lot (Lot 1), and that the 10-foot landscape strip would be replanted to buffer standards. Given this, Staff is of the opinion that the proposed modification would have minimal adverse effect on adjacent properties, and it would be in harmony with Board action. Therefore, Staff recommends APPROVAL CONDITIONAL of the proposed modification.

 

CONCLUSION:

 

Should the Board of Commissioners approve this petition, the Recommended Conditions should be revised to read as follows:

 

3.   To the owner's agreement to the following site development considerations:

 

a.         Delete Provide an earthen berm, planted to landscape strip standards, with a maximum slope of 3 to 1 or a 25-foot undisturbed buffer replanted to buffer standards where sparsely vegetated with an additional setback for all  improvements of 10 feet subject to the approval of the Fulton County Arborist along the Jailette Road frontage.  Said berm is to be a minimum of 6 feet high measured from the finished grade on both sides of the berm and located outside of any public right-of-way. Said berm is to be located so that any required landscape strip is incorporated into the berm's final design. Berms and/or buffers shall not be part of any individual lot and shall be maintained by a mandatory homeowners association.        Provide a 10-foot landscape strip planted to buffer standards along Jailette Road. Allow said landscape strip to be part of lot 1 as shown on the site plan referenced in Condition 2.a.