Gwinnett County Planning Division Special Use Permit Application

Last Updated 12/20 I S

SPECIAL USE PERMIT APPLICATION AN APPLICATION TO AMEND THE OFFICIAL ZONING MAP OF GWINNETT COUNTY, GA.

APPLICANT IN FORMATION PROPERTY OWNER INFORMATION*

NAME: Ph t'D (; l(o cjf NAME: ~iJ ip lavb '

ADDRESS: L 0 CJ J S/1/IJ /) ~L-Wood Ql€ ADDRESS: 'i0Q2. Sc:d\J~l woob Dr CITY: Lff-W f_b}JCi~IJ ;iLe;- CITY: ~~re,~1/'(,

STATE: -eil-- ZIP: 3 00tj3 STATE: C,A ZIP: :300'1-3

PHONE: tj_o C/- ~~ f --53/ '3 PHONE: 'I'O't_ 661' ~q7q,.

CONTACT PERSON: Ph~ ( ,· p K6t.h. PHONE: L{-n4 ~ &(&. ~ ·- ~g 71

CONTACT'S E-MAIL: ph; I 1 ·p k::oc k ~ a .om c__~ s ·L 11\12--t

*Include any person having a property interest and any person having a financial interest in any business entity having property interest (use additional sheets if necessary).

· APPLICANT IS THE:

D OWNER'S AGENT G6 PROPERTY OWNER D CONTRACT PURCHASER

EXISTING/PROPOSED ZONING: t. I 0 0 BUILDING/LEASED SQUARE FEET: I;;? 0 0

PARCEL NUMBER(S): f!.. 7 0 a /.o ' 0 ~~AGE: __ ._b~----------11 ADDRESS OF PROPERTY: I 0 9 J S/1 /1) ])A-L UJ()C; D D~ j Ll E

SPECIAL USE REQUESTED: fD /3V;Lf) ,;:; f ';( ~0 /l?1GTJ1L $11/'Atf&-

PLEASE ATTACH A LETTER OF INTENT EXPLAINING WHAT IS PROPOSED

2

RECEIVED BY

MAY 0 4 2017

Planning & Development

SUP '17 031

Type: DEED Book: 54650

Return to· Brock & Scot!, PLLC 4360 Chamblee Dunwoody Road Su1te 310 Atlanta, GA 30341

STATE OF COUNTY OF:

Page: 00316

~K 5 4 6 5 0 PG a 3 I 6 ,7 I FILED AND RECORDED

CLERK SUPERIOR COURT GYIINNETT COUNTY GA

T6- OCT I I PH 2: 0 0

KICHARD ALEXt,NOEH. CLERK

PT-61 #U1· ~o \\o .. ~2..~ 3 ~ 1 GWINNETT CO GEORGIA Cross mdex Secunty Deed:

· Book: 51324 REAL ESTATE TRANSFER TAX Page· 405 $ ~ County: Gwinnett

RICHARDT ALEXANDER. JR. ·CLERK OF SUPERIOR COURT

GEORGIA GWINNETI

DEED UNDER POWER OF SALE

THIS INDENTURE, made th1s 6th day of September, 2016, by Jason S. Kytle (heremafter collectively referred to as ''Grantor(s)"), actmg through th1s duly appomted attorney m fact, SunTru.'it Mortgage, Inc. (heremafter referred to as .. Lender"), as Party of the F1rst Part, and Robm Warren Properties, LLC, whose address IS 754 Lullwater Road NE, Atlanta, GA 30307, as Party of the Second Part

W 1 T N E S S E T H:

WHEREAS, Grantor(s) executed and delivered that certain Security Deed given to Mortgage Electromc Reg1strat10n Systems, Jnc. as nommce for Pnmary Residential Mortgage, Inc., dated March 30, 2012 and recorded on Apnl 27, 2012 m Book 51324 at Page 405, Gwinnett County, Georg1a Records, as last transferred to Sun Trust Mortgage, Inc. by assignment, recorded in Deed Book 53976, Page 710, Gwmnctt County, Georgia Records, conveying the after-described property to secure a Note m the original prmc1pal amount of Seventy-Three Thousand Dollars and No Cents ($73,000 00);

WHEREAS, default m the payment of the rcquared mstallments under sa1d Note occurred, and by reason of sa1d default, Lender elected, pursuant to the tenns of the Secunty Deed and Note, and declared the entire principal and mterest immediately due and payable; and

WHEREAS, saad entire indebtedness still being in default, Lender on behalf of Grantor(s), and accordmg to the terms of said Secur1ty Deed, dtd adverttse said property for sale once a week for 4 weeks mlmedtately preceding saad salem a newspaper m Gwmnett County, Georgia, wherein the Sheriff carried hts advertisements, namely the Gwinnett Daily Post; and

16-10683 FCOI

l IIIIDI ~~11~111111 ~~11m ~m 1m~~~ ~I~

RECEIVED BY

MAY 0 4 2017

Planning & Development

SUP '17 031

0095\28

(\o

Type: DEED Book: 54650 Page: 00317

BK 5 lt 6 5 0 PG 0 3 I 1

WHEREAS, notice was given m compliance with Georg.a Laws 1981, Volume I, Page 834, codified as 0 C.G.A. Sect1on 44-14-162 2 and Section 44-14-162.4. The not1ce so reqmred was rendered by mailing a copy of the Not1ce of Sale submitted to the pubhsher to the "Debtor" (as that term 1s defined m O.C.G.A. Section 44-14-162 I) at least thirty days prior to the foreclosure sale date of September 6, 2016;and

WHEREAS, Lender dtd expose said property for sale to the highest bidder for cash on the first Tuesday in September, 2016 w1thin the legal hours of sale at the usual place for conductmg Shen ff's sales m Gwinnett County before the Courthouse door, and offered said property for sale at public outcry to the h1ghest bidder for cash when and where the aforesmd Party of the Second Part bid; AND

WHEREAS, the sa1d property was knocked off to the Party of the Second Part for consideration in the amount of $10 I ,000.00.

NOW THEREFORE, in consideratiOn of the premises and sa1d sum of money and by virtue of and in the exercise of the power of sale contamed m the Secunty Deed, the Party of the First Part has bargained, sold, granted and conveyed, and by these presents docs hereby bargam, sell, grant and convey to the Party of the Second Part, said party's representallves, heirs, successors and assigns, the following dcscnbed property·

All that tract or parcel ofland lymg and bemg m Land Lot 26 of the 7th Distnct, Gwinnett County, Georgm, being Lot 3, Block A, Wtllow Spnngs Forest, Umt One, as per plat recorded m Plat Book Y, Page 136, Gwmnett County, Georgta, Records, which plat ts hereby mcorporated herein by reference and being known as I 092 Sandalwood Drive according to the present nwnbering property in Gwinnctt County, Georgta.

Tax parcel: R7026 060 Street Address. 1092 Sandalwood Drive, Lawrenceville, GA 30043

TOGETHER WITH all and smgular the rights, members and appurtenances thereto appertaining; also all the estate, right, title, interest, clrum or demand of the Party of the First Part, or said Party's representatives, hetrs, successors and assigns, legal, equitable or otherwtse, whatsoever, m and to the same.

THIS CONVEYANCE IS SUBJECT TO any outstandmg ad valorem taxes (mcludmg taxes which are a hen, but not yet due and payable), any matters wb1ch mtght be d1sclosed by an accurate survey and mspect1on of the property, any assessments, hens, cncwnbrances, zoning ordinances, restrictions, covenants, and matters of record supenor to the Secunty Deed.

TO HAVE AND TO HOLD the satd property and every part thereof unto the said Party of the Second Part, and sa1d party's representatives, heirs, successors and assigns, to srud Party's own proper usc, benefit and behoof m FEE SIMPLE, mas full and ample a manner as the sa1d Party of the First Part or sa1d Party's representatives, hc1rs, successors and ass1gns, d1d hold and enJOY the same

RECEIVED BY

MAY 0 4 2017 16-10683 FCOI

Planning & Development

SUP '17 0 31

Type: DEED Book: 54650 Page: 00318

BK 5 4 6 s o PG o 3 I 8

IN WITNESS WHEREOF, Lender as Agent"d Attorney on Fact for Grantor(s) has hereunto affixed Lender's hand and seal on 5f"-n~:MA: / 2.oJL.f .

S1gned, sealed and delivered m the presence of:

~~

SunTIU5t Mortgage, Inc. as Attorney in Fact for Jason S. Kytle

By#l: qaa Print Name: Dovte Mitcha!J

Vice Prosldent

T1tle. ----------------------------

By#2: ---------------------------­

My Conmussion Expires: (pj1{)/ 17- Print Name. ----------------------------

(Notary Seal) Title: ----------------------------

RECEIVED BY

MAY 0 4 2017 16-10683 FCOI

Planning & Development

SUP '17 031

RECEIVED BY

MAY 0 ·4 201 7

Planning & Development SUP '17 0 3 1

- ' ' ~ . . ' - . - t . . ' . . .

0

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100 Philip Koch 1 092 Sandalwood Dr. Lawrenceville GA 82.5

from street to house

1

6 feet tall wooden fence

··-

25

_·_

5

'... . . . Jlill~lii~~~

8'

50 X 24

41 feet back from house

42 feet from side fence

RECEIVED BY ~ ·I. ')f• .

~ - . lf.n · ~ ·~ ~ l),. . . ' r7· . . ·~

Unbuildable pro~erty . thick forest

SUP '17031

Gwinnett County Planning Division Special Use Permit Application

Last Updated 12/2015

SPECIAL USE PERMIT APPLICANT'S RESPONSE STANDARDS GOVERNING THE EXERCISE OF THE ZONING POWER

PURSUANT TO REQUIREMENT OF THE UNIFIED DEVELOPMENT ORDINANCE, THE BOARD OF COMMISSIONERS FINDS THAT THE FOLLOWING STANDARDS ARE RELEVANT IN BALANCING THE INTEREST IN PROMOTING THE PUBLIC HEALTH, SAFETY, MORALITY OR GENERAL WELFARE AGAINST THE RIGHT TO THE UNRESTRICTED USE OF PROPERTY AND SHALL GOVERN THE EXERCISE OF THE ZONING POWER.

PLEASE RESPOND TO THE FOLLOWING STANDARDS IN THE SPACE PROVIDED OR USE AN ATTACHMENT AS NECESSARY:

(A) WHETHER A PROPOSED SPECIAL USE PERMIT WILL PERMIT A USE THAT IS SUITABLE IN VIEW OF THE USE AND DEVELOPMENT OF ADJACENT AND NEARBY PROPERTY:

( / ,eA' adds adele/; em a.-1 C!J /(; <-ZL.Q{: a ud dace:;,(-- ~--e..- .~ ;' v , (B) WHETHER A PROPOSED SPECIAL USE PERMIT WIL[ ADVERSELY AFFECT THE

EXISTING USE OR USABILITY OF ADJACENT OR NEARBY PROPERTY: _, .SL/rr_o t/nded f:u;; {j_,:,QQ pla;H, . -£fJ. .., .::_~ ~ ~/!_ ~ 1:2. <1(-j,ll:l'j

(C) WHETHER THE PROPERTY TO BE AFFECTED BY A PROPOSED SPECIAL USE PERMIT HAS REASONABLE ECONOMIC USE AS CURRENTLY ZONED:

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(D) WHETHER THE PROPOSED SPECIAL USE PERMIT WILL RESULT IN A USE WHICH WILL OR COULD CAUSE AN EXCESSIVE OR BURDENSOME USE OF EXISTING STREETS, TRANSPORTATION FACILITIES, UTILITIES, OR SCHOOLS:

(E) WHETHER THE PROPOSED SPECIAL USE PERMIT IS IN CONFORMITY WITH THE POLICY AND INTENT OF THE LAND USE PLAN:

(F) WHETHER THERE ARE OTHER EXISTING OR CHANGING CONDITIONS AFFECTING THE USE AND DEVELOPMENT OF THE PROPERTY WHICH GIVE SUPPORTING GROUNDS FOR EITHER APPROVAL OR DISAPPROVAL OF THE PROPOSED SPECIAL USE PERMIT:

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RECEIVED BY 3

MAY 0 4 2017 SUP '17 031

Planning & Development

Letter of lnte t for Special Use Permit

1092 Sandalwood Drive, Lawrenceville, Georgia 30043

The existing garage of the residence is a drive-under house type, which is no longer under code. The

under house space is very small and limited, with little room even to open car doors all the way. The

furnace, hot water heater, and support beams also reduce the available space,

For this reason, the owner needs a separate garage, not only for his everyday cars, but for his hobby

which is collecting antique vehicles. He is requesting permission to build a 24 x 50 garage in the rear of

his property, to store his antique vehicles and his everyday cars. A metal building is the most

economical way to do this and will have siding that matches the current color of the house.

The property itself is very private. The building would be far back in the yard and surrounded by a

fence which would block a direct view of it from the street. The right side of the property is heavily

wooded with a creek running through it, and unable to be developed. The far rear of the property again

is heavily wooded providing a dense screen making it impossible to be seen by any of the homes behind

it. The neighbor on the left side of the property would have his view obstructed by his own building on

the far right side of his own property, as documented in the GISS overhead property view.

In Summary, the 24 x 50 metal garage would provide the owner with an enclosed, safe, and

economical place to house his vehicles, would be out of sight, and have no negative impact on the

neighbors or the neighborhood.

Philip Koch

RECEIVED BY

MAY 0 4 201 7

Planning & Development

SUP '17 031

Gwinnett County Planning D ivision Special Use Permit Applicat ion

Last Updated 12/20 15

SPECIAL USE PERMIT APPLICANT'S CERTIFICATION

THE UNDERSIGNED BELOW IS AUTHORIZ ED TO MAKE THIS APPLICATION. THE UNDERSIGNED IS AWARE THAT NO APPLI CATION OR REAPPLICATION AFFECTING THE SAME LAND SHALL BE ACTED UPON WITHIN 12 MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS UNLESS WAIVED BY THE BOARD OF COMMISSIONERS. IN NO CASE SHALL AN APPLICATION OR REAPPLICATION BE ACTED UPON IN LESS THAN SIX (6) MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS.

J(oc)-/~ Type or Print Name and Title

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Date

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RECEIVED BY

MAY 0 4 2017

Planning & Development

SUP '17 031

Gwinnett County Planning Division Special Use Permit Application

Last Updated 12/20 IS

SPECIAL USE PERMIT PROPERTY OWNER'S CERTIFICATION

THE UNDERSIGNED BELOW, OR AS ATTACHED, IS THE OWNER OF THE PROPERTY CONSIDERED IN THIS APPLICATION. THE UNDERSIGNED IS AWARE THAT NO APPLICATION OR REAPPLICATION AFFECTING THE SAME LAND SHALL BE ACTED UPON WITHIN 12 MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS UNLESS WAIVED BY THE BOARD OF COMMISSIONERS. IN NO CASE SHALL AN APPLICATION OR REAPPLICATION BE ACTED UPON IN LESS THAN SIX (6) MONTHS FROM THE DATE OF LAST ACTION BY THE BOARD OF COMMISSIONERS.

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RECEIVED BY

MAY 0 4 201 7

Planning & Development

SUP '17 031

SPECIAL USE PERMIT IN A RESIDENTIAL DISTRICT

Gwinnett County Planning Division Special Use Permit Application

Last Updated 12/20 15

(Only submit with Special Use Permit Application for a use within a residence)

I, the undersigned applicant, understand and agree that the Special Use Permit, if approved, shall automatically terminate in the event that this property is sold, transferred or otherwise conveyed to any other party, or the business which operates the special use is sold, transferred, otherwise conveyed or discontinued.

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RECEIVED BY

MAY 0 4 201 7

Planning & Development

SUP '17 U31 6

Gwinnett County Planning Division Special Use Permit Application

Last Updated 12/2015

CONFLICT OF INTEREST CERTIFICATION FOR SPECIAL USE PERMIT

The undersigned below, making application for a Special Use Permit, has complied with the Official Code of Georgia Section 36-67 A-I, et. seq, Conflict of Interest in Zoning Actions, and has

sub~ or attached the reguired inf;ti:~n ;~form;;:ide: . K DC)-}

SIGNATURE OF APPLICANT'S ATTORNEY OR REPRESENTATIVE

DATE

DATE

t; DATE

TYPE OR PRINT NAME AND TITLE

TYPE OR PRINT,t'J(tfllh~ND TITLE

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DISCLOSURE OF CAMPAIGN CONTRIBUTIONS''''~?,~~~~~'''~' , 1 ,- 1:., 1, ;

Have you, within the two years immediately preceding the filing of this application, made campaign contributions aggregating $250.00 or more to a member of the Board of Commissioners or a member of the Gwinnett County Planning Commission?

DYES g NO Pb l. Ltp Kot::_k YOURAME

If the answer is yes, please complete the following section:

NAME AND OFFICAL CONTRIBUTIONS DATE CONTRIBUTION POSITION OF

GOVERNMENT (List all which aggregate WAS MADE

OFFICIAL to $250 or More) (Within last two years)

Attach additional sheets if necessary to disclose or describe all contribut~~CEIVEO BY MAY 0 4 2017

7 Planning & Development

sup'17U31

Gwinnett County Planning Division Special Use Permit Application

Last Updated 12/20 15

VERIFICATION OF CURRENT PAID PROPERTY TAXES FOR SPECIAL USE PERMIT

THE UNDERSIGNED BELOW IS AUTHORIZED TO MAKE THIS APPLICATION. THE UNDERSIGNED CERTIFIES THAT ALL GWINNETT COU NTY PROPERTY TAXES BILLED TO DATE FOR THE PARCEL LISTED BELOW HAVE BEEN PAID IN FULL TO THE TAX COMMISSIONER OF GWINNETT COUNTY, GEORGIA. IN NO CASE SHALL AN APPLICATION OR REAPPLICATION FOR REZONING BE PROCESSED WITHOUT SUCH PROPERTY VERIFICATION.

*Note: A SEPARATE VERIFICATION FORM MUST BE COMPLETED FOR EACH TAX PARCEL INCLUDED IN THE SPECIAL USE PERMIT REQUEST.

PARCEL I.D. NUMBER: (Map Reference Number) District Land Lot Parcel

Signature of Applicant Date

f'ht"l/~ /~o~fl fR-opE.l!-rV owNE/2_

***PLEASE TAKE THIS FORM TO THE TAX COMMISSIONERS OFFICE AT THE GWINNETT JUSTICE AND ADMINISTRATION CENTER, 75 LANGLEY DRIVE, FOR T.HEIR APPROVAL BELOW.***

TAX COMMISSIONERS USE ONLY

(PAYMENT OF ALL PROPERTY TAXES BILLED TO DATE FOR THE ABOVE REFERENCED PARCEL HAVE BEEN VERIFIED AS PAID CURRENT AND CONFIRMED BY THE SIG A RE BELOW)

TITLE

DATE RECEIVED BY

MAY 0 4 2017 8

Planning & Development

SUP '17 031