PETITION NO. 2006ZM-0033 SFC

2006VC-0129 SFC

 

Project:                                  Friendship Baptist Church   

 

Location:                                Old Fairburn Road

                            

Applicant's Intent:                To modify zoning conditions 2.a. and 3.b. to revise the current site plan and to allow a basketball court and tennis court to encroach into the 40-foot landscape strip along Old Fairburn Road.  A 3-part concurrent variance to allow encroachment of the recreational courts and fence into the public right-of-way along Old Fairburn Road (Article 4.3.5); Allow a tennis court to encroach into landscape strip and access easement around detention pond (34.5.4); and to allow a tennis court and basketball court in the front yard of an SUB C (Residential) zoning district (SUB C.3.2.A).

                       

Existing Petition No.:  92U -0024 SFC; 92U -0027 SFC; 92U -0026 SFC

 

Existing Zoning:          SUB C (Residential)

                                                 

Owner:                                   Friendship Baptist Church

                                     

Applicant:                              Friendship Baptist Church

                                     

Representative:          Donald Earl Bryant, Sr.      

 

Department of Environment and Community Development

Recommendation

 

DENIAL: 2006ZM-0033 SFC

WITHDRAWAL: 2006VC-0129 SFC, PART 1

DENIAL: 2006VC-0129 SFC, PARTS 2 & 3

 

 

Conditions To Be Modified:

 

2.         To the owner's agreement to abide by the following:

 

            a.         To a revised site plan submitted to the Zoning Department and to submit to the Director of Public Works for approval, prior to the approval of a Land Disturbance Permit, a revised site plan based on a certified boundary survey of the entire property zoned, incorporating the stipulations of these conditions of zoning approval and meeting or exceeding the requirements of the Zoning Resolution.

 

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

 

b.         Provide a 40-foot wide landscape strip planted to buffer standards outside of the new dedicated right-of-way of Old Fairburn Road.  Said plantings and specifications shall be subject to the approval of the Fulton County Arborist.

           

Planning Analysis:

 

The subject site is the Friendship Baptist Church located on Old Fairburn Road.  It is zoned AG-1 (Agricultural) and is approved for a church, daycare and recreational area pursuant to 92U -0024 SFC; 92U -0027 SFC;  and 92U -0026 SFC. The applicant is requesting to revise the approved site plan and to allow a tennis court and basketball court to encroach upon the 20-foot landscape strip along Old Fairburn Road. 

 

The applicant is also applying for the following 3-part concurrent variance:

 

2006VC-0129 SFC - Part 1

 

Allow encroachment of the recreational courts and fence into the public right-of-way along Fairburn Road (Article 4.3.5)

 

2006VC-0129 SFC - Part 2

 

Allow tennis court to encroach into landscape strip and access easement around detention pond. (Article 34.5.4)

 

2006VC-0129 SFC - Part 3

 

 Allow tennis court and basketball court in the front yard of a SUB C (Residential) zoning district. (Article SUB C .3.2.A)  

 

Pursuant to the approved site plan, the recreational courts were to be located in the rear of the church.  However, a tennis court and basketball court were constructed in front of the church without a building permit and without approval for a revised site plan.  The Letter-of-Intent states that the installer conveyed to the church that a permit wasn't needed. 

 

Staff notes that the applicant does not have a valid hardship pursuant to Article 22 of the Fulton County Zoning Ordinance.  Therefore, Staff recommends DENIAL of the modification request to conditions 2.a. and 3.b.  Following the review of the submitted site plan, Staff has determined that the recreational courts and fence are not within the right-of-way.  Therefore, Staff recommends WITHDRAWAL of concurrent variance request Part 1and DENIAL of concurrent variance requests Parts 2 and 3.

 

CONCLUSION:

 

However, should the Board of Commissioners approve the modification and concurrent variances as requested by the applicant, the Recommended Conditions should be revised to read as follows:

 

2.         To the owner's agreement to abide by the following:

 

a.         To the *revised site plan received by the Department of Environment and Community Development on August 21, 2006.  Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit.  Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy.  (2006ZM-0033 SFC)

 

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

 

b.         Provide a 40-foot wide landscape strip planted to buffer standards outside of the new dedicated right-of-way of Old Fairburn Road except in the area of the existing recreational courts as shown on the revised site plan submitted pursuant to 2006ZM-0033 SFC.  Said plantings and specifications shall be subject to the approval of the Fulton County Arborist. 

 

h.         Allow tennis court to encroach into landscape strip and access easement around detention pond as shown on the revised site plan submitted pursuant to 2006ZM-0033 SFC. (2006VC-00129 SFC, Part 2)

 

i.          Allow tennis court and basketball court in the front yard as shown on the revised site plan submitted pursuant to 2006ZM-0033 SFC. (2006VC-00129 SFC, Part 3)