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Variances & Rezonings
(Updated June 2008)

A variance is needed whenever renovation or construction requires an exemption from zoning ordinances.  For example, let's say you want to add an addition to your house.  The zoning ordinance requires a 7 foot side yard setback, meaning your structure must be no closer than 7 feet from your side yard property line.  However, you have a narrow lot and if you build your structure as designed it will be approximately 5 feet from the side yard line.  In this case, you will need to obtain a variance. Get a variance request form from our documents section.

A rezoning is required when you want to use a property for a purpose for which it was not zoned. For example, you want to build a duplex but the lot is zoned single-family or you want to build a retail unit and the property is zoned R5 (single family or duplexes). Get a rezoning application from our documents section.

The process is similar for variances and rezonings:

  1. Apply for a variance or rezoning.  (For all city forms, visit City of Atlanta Planning Forms website.)
  2. Obtain a hearing date from the Board of Zoning Adjustments (BZA).
  3. Submit detailed request for variance to Lake Claire Neighbors by the 21st of the month prior to the month of presentation so information can be posted in the LCN newsletter. Note: There is no LCNA Meeting in December.
  4. Inform the LCN VP-Planning (email zoning {at} lakeclaire.org) and the NPU Representative for the neighborhood (email npu {at} lakeclaire.org). 
  5. Present you variance request at the neighborhood organization monthly meeting (3rd Thursday of each month, see calendar) using completed LCN and NPU-N checklist (see below) and ask for its approval.  Complete "Brief Summary Statement" below as well.
  6. Present your variance request to the NPU-N meeting (the 4th Thursday of each month, see Atlanta NPU calendar) and ask for approval.
  7. Appear before the BZA.

 

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Lake Claire and NPU-N Zoning, Variance or Special Use Permit Checklist

In an effort to facilitate the review of applications submitted to the NPU (Neighborhood Planning Unit) for review, the following checklist has been established.

Please note that upon initial review, LCNA and/or NPU-N may ask for additional information to be provided by the applicant and that these requests will likely vary due to the nature of the specific application at hand.

Applicants are requested to submit ten (10) copies of the following materials. If you are unable to provide some or all of these items, discuss options with the LCN VP of Planning (email zoning {at} lakeclaire.org) or the Lake Claire NPU-N Representative (email npu {at} lakeclaire.org).  These materials may be collected by you for reuse when your presentation is complete and the vote has been taken.

  1. [   ]  Copy of application or Referral Sheet and any amended applications with all materials filed with the City of Atlanta (including the Referral Certificate)  with a date stamp as provided by the Bureau of Planning, upon receipt of the application and materials submitted.

  2. [   ]  Site plan as proposed and survey of existing site (noting property lines, setbacks, trees, hard surfaces) – drawn to scale and appropriately labeled.

  3. [   ]   Floor plan(s) – existing and proposed (if appropriate) – drawn to scale and appropriately labeled.

  4. [   ]  Exterior elevations – drawn to scale and appropriately labeled.

  5. [   ]  Photographs of property and adjacent properties (these may be photocopied and consolidated on one sheet of paper, as needed).

  6. [   ]  Signature of adjacent neighbors or property owners within a 150 foot radius (all sides) of the site (acknowledging review and approval of SAME application and drawings submitted for review).

  7. [   ]  A vicinity map – indicating locations of adjacent neighbors and supporters of application and appropriately labeled (within three hundred feet of each property line of the applicant property) drawing does not need too be to scale – optional but helpful. 

Brief Summary Statement

If proposed development includes a variance for increase in lot coverage exceeding 50% then please provide the following information:

  1. What will you do to reduced “impermeable” lot coverage?
  2. How will you address rainwater run-off?
  3. What will you do to replace trees removed or lost?
  4. What is the proposed FAR of “buildable” space?
  5. The condition of any sidewalks on property (LCN asks that any necessary sidewalk repair be done at the time of construction)

For Rezoning requests:

     Will applicant be applying for CDP amendment?

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Last modified: 05/28/2008

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