PETITION NO. 0006ZM-0041 SFC

2006VC-0164 SFC

Project: Phillips Office Complex

Location: Utoy Springs Road & Fairburn Road

Applicant's Intent: To modify condition 3.c. to delete the 10-foot landscape strip along Utoy Springs Road and Fairburn Road pursuant to Z87 -098 SFC.

To request the following 2-part concurrent variance:

. Part 1 - To delete the 15-foot landscape strip required by Cascade Road Overlay District (Article 12C.3.A.1).

Part 2 - To allow dumpster to be located along Fairburn Road (Article 12C.3.B.1).

Existing Petition No.: Z87 -098 SFC

Existing Zoning: C-2 (Commercial)

Owner: Bertha Furcron

Applicant: Bertha Furcron

Representative: Bertha Furcron

Department of Environment and Community Development

Recommendation

APPROVAL CONDITIONAL: 2006ZM-0041 SFC

APPROVAL CONDITIONAL: 2006VC-0164 SFC, ALL PARTS

Condition(s) To Be Modified:

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

c. Provide 10 foot wide landscape strips internal to the development around the periphery of Parcels A, B, C, D, E and F as depicted on the site plan referenced in condition 2.a., except as otherwise required in conditions 3.a. and 3.b.

Analysis and recommendation

The .6348 acre subject site is a v-shaped parcel to the north of the intersection of Utoy Springs Road and Fairburn Road having frontages on both Utoy Spring and Fairburn Roads. The subject site is zoned C-2 (Commercial), pursuant to Z87 -098 SFC. The applicant, in the letter of intent indicates that the original size of .964 acres was reduced to the current size of .6348 acres due t o a Fulton County beautification project which required additional right-of-way.

The applicant is seeking a modification of zoning condition 3.c. to revise the site plan to delete the required 10-foot landscape strip required pursuant to Z87 -098 SFC. Staff is of the opinion that the applicant has demonstrated a valid hardship due to the size and shape of the subject site. Staff is further of the opinion that the deletion of the required 10-foot landscape strip would have minimal adverse effect to adjacent properties. Therefore, Staff recommends APPROVAL CONDITIONAL of the proposed modification.

The applicant is seeking a 2-part concurrent variance as follows:

Part 1 - To delete the 15-foot landscape strip required by Cascade Road Overlay District (Article12C.3.A.1.

As previously noted above, Staff is of the opinion that the applicant has demonstrated a valid hardship due to the size and shape of the subject site, and that deletion of the required 15-foot landscape strip would have minimal adverse effect on adjacent properties. Therefore, Staff recommends APPROVAL CONDITIONAL of part 1 of the concurrent variance.

Part 2 - To allow the dumpster to be located along Fairburn Road (Article 12C.3.B.1)

Staff notes that the applicant in the letter of intent indicates that the dumpster would be enclosed within a brick structure, and thus would be screened from public view. Given the size and shape of the property, Staff is of the opinion the applicant has demonstrated a valid hardship which supports this request. Staff is further of the opinion that the location and construction of the dumpster, as proposed by the applicant, would have a minimal adverse effect on adjacent properties. Therefore, Staff recommends APPROVAL CONDITIONAL of the concurrent variance 2006VC-0164 SFC.

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:

c. Delete Provide 10-foot wide landscape strips along internal to the development around the periphery of parcels A, B, C, D, E and F as depicted on the site plan referenced in Condition 2.a., except as otherwise required in conditions 3.a and 3.b. (2006ZM-0041 SFC).

q. Delete the 15-foot landscape strip along Utoy Springs Road and Fairburn Road (2006VC-0164 SFC, part 1).

r. Allow the dumpster to be located along Fairburn Road (2006VC-0164 SFC, part 2).