V-07-337 - NPU-F

JUSTIFICATION FOR ZONING VARIANCE APPLICATION
November 20, 2007
Applicant: Jennifer James 404-583-3207
Homeowner: William R. & Jennifer K. James
Property:
783 Yorkshire Road NE
Atlanta, GA 30306
Justification for Zoning Variance for the Alteration to One and Two Family
Residences in R-4 Residential District
Project History:
Original 2-story brick house was built in 1929 as a Duplex, and then converted to
Triplex in 1980; original full basement is accessed from the south side of house and
from the main floor via a staircase. In 2005, Homeowner converted from a legal nonconforming Triplex to a Duplex with exterior additions of kitchen entrance / patio
under a replaced deck, as well as interior alterations. Special Exception was granted
due to Non-Conforming structure status, with 2 permits filed in 2005. Work was
completed January 2006.
Project Scope:
November 2007: Homeowner desires new permit to convert from legal Duplex to
Single (One) Family Residence; with alteration to south half of existing 2nd story, to
include new walls and roof restructuring to accommodate 2 new bedrooms and 1 full
bathroom; minor 1st story interior alterations are proposed as well. On East and West
sides, new alteration walls proposed to align with existing structure below. On South
side, the existing foundation undulates and a portion of south alteration wall shall
cantilever/overhang existing deck, but will also align within the existing outer
footprint of the foundation structure.
Requirement for the Zoning Variance request is due to the house’s existing West side
foundation and brick structure being only 4’-4” from the property line. Current zoning
stipulates that side yard set backs be 7’-0”, so the proposed new structure will
encroach this side yard set back by 2’ 8”. Variance requested for 4’-0” West side
yard set back to accommodate possible roof overhang.
783 Yorkshire Rd NE
Atlanta, GA 30306
Page 1 of 2
November 20, 2007
Justification Criteria:
The board of zoning adjustment should permit, by granting of Variance, the alteration
to 783 Yorkshire Road, R-4 District based on the following explained criteria:
1. There are extraordinary and exceptional conditions pertaining to the particular
piece of property in question because of its size, shape or topography:
 Original house was erected with a 4’-4” side yard setback on the West side of the
property. On the east side of the property there is a 9’-0” wide driveway placing
the home’s east side yard setback at 9’-0”. Now with current zoning the lot’s width
and proximity of the structure causes the property to conflict with current zoning.
No trees are affected by the variance request.
2. The application of the zoning ordinance of the City of Atlanta to this particular
piece of property would create an unnecessary hardship:
 To erect the proposed structure within the 7’-0” side yard set back would cause the
proposed west exterior wall to be constructed 2’ 8” from the existing exterior wall
on the first floor below. The proposed east exterior wall will conform to current
zoning by allowing it to be constructed directly above the 1st floor exterior wall. Not
granting the variance will cause the structure to look inconsistent and uneven when
comparing the east proposed wall to the west proposed wall.
 Erecting the proposed exterior wall 2’ 8” from the existing exterior wall would cause
the square footage of the alteration to be smaller than practical leaving too little
space for the 2 bedrooms and 1 bath alteration. It would cause the alteration to
become only 1 bedroom and 1 bath reducing the value of the property.
3. Such conditions are peculiar to the particular piece of property involved:
 Zoning in 1929 did not require the side yard setback to be 7’-0” in this
neighborhood. Because the house’s east side yard setback is currently 9’-0”, there
is no variance requirement for this side.
4. Relief, if granted, would not cause substantial detriment to the public good or impair
the purpose and intent of the City of Atlanta zoning ordinance:
 The proposed structure would not detract from neighbor’s use and enjoyment of
their adjoining and surrounding properties.
 Granting the variance will keep the neighborhood consistent with original
construction since the front of the home is not being altered.
 Granting the variance will allow the structure to appreciate in value and not be
subjected to a potential tear down and rebuild someday in the future with a much
larger home than in proportion to surrounding homes.
 Granting the variance will not change any safety from fire, or panic from other
dangers; will provide adequate light and air.
783 Yorkshire Rd NE
Atlanta, GA 30306
Page 2 of 2
November 20, 2007
NPU-F Variance Checklist
V-07-337
Address of variance: 783 Yorkshire Rd
Neighborhood: Morningside
BZA Date: January 18, 2008
In NPU-F, those requesting variances are asked to meet with their neighborhood
association before coming to the NPU general meeting. Information on NPU-F
neighborhood associations can be found at http://npuf.tripod.com/civic.html.
The following checklist is designed to help you identify information that is generally
requested during the variance review process. Please complete this checklist and bring it
with you to the neighborhood and NPU meetings. It will be retained at the NPU meeting.
Summary of variance/s requested: Build out and raise existing roof of 2nd story attic
space to include 2 bedrooms and 1 bath.
Applicant contact information (address, phone, cell, e-mail)
Jennifer James – 404-583-3207 jennjames@comcast.net
Will James – 404-583-3208 wjames@bp-advisors.com
Property Owner contact information (address, phone, cell, e-mail)
Same as above.
Proposed builder: B&B Contractors
Gross lot area: 7,698 square feet
Lot coverage (current/proposed) in square footage and percentage:
Current coverage is 50% and proposed is 50%
Principal structure (current/proposed): Proposed alteration to south half of existing 2nd
story to include new walls and roof restructuring. East and west sides proposed alteration
walls to align with existing structure below. On south side, the existing foundation
undulates and a portion of south alteration wall shall cantilever/overhand existing deck,
but will also align with the existing outer footprint of the foundation structure.
o Floor area square footage = approximately 2,800 square feet currently, and 3,200
square feet is proposed
o Footprint dimensions 38 feet x 48 feet is current and proposed, the addition will be
within the footprint of the house.
o Height = 23 feet is current and proposed in front of house. At the extension/attic build
out area, the current height is 10 feet above the foundation and the proposed height is 19
feet above the foundation.
Accessory structure/s (current/proposed): Garage currently, nothing is proposed
o Floor area square footage = 400 square feet approximately currently, and nothing is
proposed.
o Footprint dimensions
o Height
Note: “standard” NPU-F accessory structure conditions are 1) height
limited to 16’ from slab to ridge, 2) plumbing limited to hose bib, 3)
electrical limited to 60 amps, and 4) support of contiguous neighbors*.
Site plan:
o Stamped “received by the city”: SUBMITTED
o Trees on property and adjoining properties marked with dimensions and
impact of proposed construction on trees reviewed - NO TREES AFFECTED
Elevations of all proposed changes with dimensions _ SUBMITTED
Special environmental/topographic issues of property – NONE
Letters/signatures of contiguous neighbor* support provided – WILL BE
SUBMITTED AT MLPA MEETING
* “Contiguous neighbors”, in general, refers to the two neighbors on either side of the property, the three
neighbors directly across street, and the three neighbors directly behind.