PETITION NUMBER: V15-027
PROPERTY INFORMATION
ADDRESS
14625 Birmingham Highway
DISTRICT, LAND LOT
2/2, 665
OVERLAY DISTRICT
RURAL MILTON
EXISTING ZONING
AG-1
ACRES 1.25
EXISTING USE
SINGLE FAMILY HOME
FUTURE LAND USE
DESIGNATION
AEE—AGRICULTURAL, ESTATE, EQUESTRIAN
REQUESTED VARIANCES:


To allow a non-three or four board type, opaque fence along an exterior street
To allow a fence along an exterior street to exceed 55 inches m(Section 64.416,j,4)
PETITIONER(S)
ADDRESS
Kevin and Donna Carroll
14625 Birmingham Highway
Milton, GA 30004
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COMMUNITY DEVELOPMENT STAFF ANALYSIS
STAFF CONTACT: ANGELA RAMBEAU
678.242.2539
Background:
The site, 14625 Birmingham Highway, is a single family home located on approximately 1.25
acres. It is zoned AG-1 and is in the Rural Milton overlay.
In June of 2015, the applicant, Kevin Carrol, built an opaque fence along the Birmingham
Highway frontage of his home. This fence replaced an existing black, 4 board horse fence.
The fence varies in height, depending on the topography, from 42 to 70 inches, averaging 42
inches. It is painted brown with black trim. A permit was not obtained for the fence.
Section 64-416, j 1 states that allowed fencing material shall be three or four board wooden
fencing with wood posts. Per Section2, fences shall not exceed 55 inches from finished
grade. Section 4 states that opaque fences are prohibited. Because the fence in question is
an opaque, panel fence that exceeds 55 inches in places, a two part variance is required.
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DESIGN REVIEW BOARD (DRB) COURTESY REVIEW:
On July 7, 2015, the DRB offered the following comments:


It is a good looking fence, and we cannot dictate taste. Unfortunately, we have
to draw a line in the sand to follow what the Ordinance is.
Obtain written support from neighbors.
ADDITIONAL DEPARTMENT COMMENTS
The staff held a Focus Meeting on September 1, 2015, at which the following comments were
provided:
SITE PLAN REVIEW
STAFF CONTACT JIMMY SANDERS
678.242.2543
No comments.
ARCHITECT
STAFF CONTACT ROBERT BUSCEMI
678.242.2607
The fence violates the Rural Milton
overlay, and the AG-1 fence
requirements. The Ordinance shall be
upheld.
No comments.
ARBORIST
STAFF CONTACT MARK LAW
678.242.2552
DOT/STORMWATER
STAFF CONTACT SARAH LEADERS
678.242.2559
No comments.
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Standards for Consideration:
The approval of a variance is based on the following consideration(s):

Relief, if granted would not offend the spirit or intent of the Ordinance.

There are such extraordinary and exceptional situations or conditions pertaining to the
particular piece of property that the literal or strict application of the Ordinance would
create an unnecessary hardship due to size, shape or topography or other
extraordinary and exceptional situations or conditions not caused by the variance
applicant.

Relief, if granted would not cause a substantial detriment to the public good and
surrounding properties.

That the public safety, health and welfare are secured, and that substantial justice is
done.
The applicant response:
We feel that our 9 year old daughter’s safety and privacy are an issue, as she (and the
dogs) like to play in the front yard. Also, we can’t plant anything big enough to screen
our yard on the other side of our fence in the area of the easement for the next door
property. Our only option was to go to a semi opaque fence design. The height is just
high enough to block the view from passing cars; not overly tall. We feel that if we
paint the fence all black and maybe install more evergreen shrubs that would screen
the fence some, without blocking the line of site, that we would be within the spirit of
the Ordinance. It would not take away from the surrounding properties and would not
be a public safety or health issue.
The staff response:
The applicant replaced an existing, horse style fence with an opaque panel fence.
Unfortunately, a permit was not obtained. The intent of the Ordinance is to
preserve and to ensure the harmony and compatibility of the character of the area
including its physical appearance, natural setting and informal landscaping especially
along the rural view sheds. The new fence does not support this intent.
There are no extraordinary conditions of the property that would prohibit compliance
with the Ordinance. Wire attached to the fence, and proper vegetation could assist
with screening and security of the front yard. There is already extensive vegetation in
the front yard. Relief, if granted would not cause substantial detriment to the public
good, nor would public safety and welfare be harmed.
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Recommended conditions:
Should the Board choose to approve the application, Staff recommends the following
conditions(s):

Staff has no conditions at this time.
Staff recommendation:

Staff recommends denial of this request.
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LETTER OF APPEAL
To Whom it may concern,
I am writing this letter to request a variance on the City of Milton fence ordinance Sec. 64-416.J.1&2. Our
property sits on Birmingham hwy. across from the Arcaro @ Triple Crown subdivision. As you may know it is
a very busy road and we have two issues that we are trying to resolve with asking for the variance. First is we
have a 9 year old little girl who likes to play in the driveway and the front yard. Sometimes with our dogs. We
feel like she is very exposed to the view of strangers and it is a safety and privacy issue we have been
struggling for some time.
When the builder went to install the driveway of the house next door to us the GDOT told him he had to move
it down onto our property to get a long enough clear line of site. We had to provide an easement on our
property for our neighbors to drive across our property to get to their property. Our neighbors decided to
plant Leland Cypress all along their fence line to give themselves some privacy. This has drastically reduced
the line of sight of cars coming south on Birmingham hwy. Since they have mature into full size trees I have
gotten in a car accident trying to pull out of our driveway. The property to the north of our drive is our
property but has the easement that covers most of where we could put shrubs or trees to screen our property. I
wanted to plant trees on the back side of our fence in the easement area but the neighbor said it was in
violation of the easement agreement and wouldn't allow us to plant anything big. We can't plant anything big
enough to screen our yard on the other side of the fence because it will reduce the line of site even further and
it will end up encroaching on the required right-of-way. Our only option was to go to a semi-opaque fence
design. On the south side of the driveway we have put in a number of evergreens to help screen but having
half the fence be four rail and half semi-opaque would not be aesthetically pleasing or help us to stay true to
the spirit of the ordinance. Also In order to keep the fence more aesthetically pleasing we wanted to keep the
top rail of the fence as level as possible across the length of the property. So this causes the last 32' or so to be
over the required 55" or less rule. So our second issue is how do we screen our property without causing
safety issues and maintain the same look on both sides of the driveway.
When we were discussing having to redo the fence due to the condition of the existing fence, we did not
realize that there was a fence ordinance in the City of Milton. We were just trying to maintain our property to
the level we felt was required, living in Milton. We looked around the Milton area at all the different types of
fences and notice most were 4 rail black fences but not all were. We saw brick and metal, some white 4 & 3 rail.
We even notice some chain link. We saw subdivisions with tall solid medium brown and non -painted fences
running around them. We also noticed some fences at homes on Birmingham hwy. that were tall, solid and
black. One at, I believe the address is 14405 Birmingham hwy that looks to be what I would consider in the
front yard of the property. There is one across the street from us at Arcaro @ Triple Crown and one up the road
from us, across from Birmingham Falls Elementary that looks to be the same construction, but these two
would be considered to be in the side and/or back yard bordering Birmingham hwy. Not being aware of the
ordinance we spent over $2,000 and built the new fence using sections with about a third of each panel having
narrow slates with spaces in-between to give it a semi-opaque look that gave it more detail than a standard
solid fence. I also made the height just high enough to block the view from passing cars not overly tall. I used a
two tone color of black and medium brown to tie in with the existing 4 rail and complimented the Architecture
of our house and the surrounding homes. We receive numerous compliments from our neighbors in the
Arcaro subdivision across the street . We understand that we are not in strict compliance with the ordinance
but feel if we paint the fence all black and maybe install more evergreen shrubs that would screen the fence
some but not block the line of site that we would be within the spirit of the ordinance. It would not take- away
from the surrounding properties and would not be a public safety or health issue. There for we are
respectfully asking to be granted a variance for a semi-opaque fence and height adjustment above 55"
Sincerely,
Kevin & Donna Carroll
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Close up of fence
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View of fence/vegetation from across the street
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Fence--right side of driveway
Fence--left side of driveway
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