Category Archives: Zoning

Z-20-059 Amended R5 Zoning 910 Lindbergh – 4 lots

The amended Z-20-059 proposal is to reconfigure the property consisting of 4 irregular shaped lots of record into 4 residential buildable lots zoned to R5.  This is less lots than the original proposal. 

The amended zoning site plan proposes frontages even more conforming with “existing lot layout, patterns, and design” as requested by the neighborhood representatives at earlier meetings to be 65′-70′ in width even though 910 Lindbergh was in 2015 excluded from the “historic neighborhood” limits requiring lot conformity per subdivision code and several lots across the street are 60′ wide here. This rezoning will also provide for lots with a more uniform boundary between original irregular lot lines.

The proposed R5 single family zoning accommodates dwellings of either detached or attached duplex townhome that would be zero lot lined for individual ownership of each side. The concept proposed is designed to look like a single house on the front and a duplex on the on the rear. The property is designed to be owned individually each side like a townhome.

Z-20-59 as Amended to R5 and CDP-21-020 LDR proposing 4 total lots with duplex style townhomes at 910 Lindbergh, 922 Lindbergh, and 928 Lindbergh. Building facades will be similar to other new construction detached in the Lindridge Martin Manor Neighborhood.
910 Lindbergh
Proposed Duplex Street View
Proposed Duplex Rear Driveway View

This proposed R5 development is adjacent to the 3 duplexes across the street that have been there since the beginnings of the neighborhood, so it is suitable zoning here. Other two-family types were also identified as already present in the neighborhood along the adjacent block of Lindridge Drive and Lindbergh Drive. Middle Unit housing such as this proposal is consistent with the CDP Character Area of the immediate neighborhood as a transition at edges and corridors.

This R5 proposal would allow up to 4 houses or one duplex per lot, and the configuration is designed to retain the existing corner lot structure at 928 Lindbergh Dr. Each house would maintain the normal side yard setbacks which are 7′ for each lot, same as existing zoning. A shared driveway is proposed across the rear of the lots with access from Lindridge Drive like several other shared driveways in the immediate area.  Each side of the Duplex will have its own double garage for off street parking. Building heights would be the same as of that allowed under existing zoning. House prices would be priced to start in the mid-$700’s.

This project will facilitate restoration of over 40,000 sq. ft. of the watershed buffer to remove invasive species. An area over 75 feet wide from the creek will be planted with additional native plants and an enhanced tree canopy. This proposed development of the houses will all be outside of watershed flood plain and will restore additional green space in this buildable area too.

Proposed Duplex Front Street View Alternate
Proposed Duplex Rear Driveway View Alternate
Proposed Duplex Side Yard View Left Alternate
Proposed Duplex Side Yard View Right Alternate

  1. Will this affect the neighborhood’s national historic register district designation?
    No, as stated on the National Park Service FAQs: “Under Federal Law, the listing of a property in the National Register places no restrictions on what a non-federal owner may do with their property up to and including destruction, unless the property is involved in a project that receives Federal assistance, usually funding or licensing/permitting.”  Such register designation only “identifies” property but places no restrictions regarding zoning or land use.  Any local zoning and land use decisions such as proposed by this application has no impact on the existing national register designation.  There are no separate City of Atlanta historic designation considerations except for a platting patterns review at the subdivision phase. 910 Lindbergh was determined to be excluded from the historic register district so it would not be subject to review of historic neighborhood platting patterns.
  2. Will this prevent detached dwellings from being constructed?
    No, the R5 Zoning adds the Duplex and Two Family Type considered “Attached”. It does not prevent development of “Detached”. Therefore, the existing house would not be considered a grandfathered structure because the detached dwellings are is still a permitted use type under the zoning.
    Note: Should NPU, COA, or ZRB recommend conditions for the development on an attached duplex concept plan and site plan, then such conditions would have the effect of requiring attached duplex dwellings and preventing detached dwellings.
  3. Are there any Duplexes in the neighborhood?
    Yes, there are at least 3 duplexes in the neighborhood and they are right across the street from this property. Since these properties are grandfathered from the early 1950’s the owner is limited on certain types of updates such as adding square footage or a second story addition.
  4. Are there any two family structures in the neighborhood?
    Yes, several other two family houses were identified along Lindridge and Lindbergh. These were identified to have a basement, top floor apartment or an apartment attached to the rear of the home.
  5. What is zero lot line?
    This just means someone can own each side of the building separately fee simple, so it is not intended to be a rental type primary use development. There would be one primary dwelling building per platted lot so it would look like a single family home on each lot from the street. Each building has the typical side yards. A Special Administrative Permit is required for this type of development where COA development staff have to review the final plat for approval.
  6. Do any other zonings in the neighborhood allow Zero Lot Line?
    Yes, R-LC, Residential Limited Commercial allows structures to be zero lot lined for 2 or more parts of the building. There are 4 RLC zoned lots in the neighborhood along Lindbergh both inside and outside the historic district boundary.
  7. What is the selling price of the proposed homes?
    The houses are expected to sell from the mid-$700’s each side. Building costs are rising so this is an estimate. This should contribute to the overall character of the neighborhood and the homes will be similar to the luxury custom quality of other new homes in the area.
  8. How much off street parking is proposed?
    Each side of the duplex will have a double car garage with a double parking pad in front of the garage. This is in addition to the shared driveway proposed along the rear of the units, so each dwelling should accommodate up to 4 or more small vehicles without parking on the side street. The project is within a 1/2 mile to Marta, next to the Marta bus stop, and on the Bike route so this project’s proximity to these other transportation modes will reduce vehicle trip counts. Southfork Conservancy, Path400, and City of Atlanta are paving the new multi-use trail next to the property.
  9. Will there still be a shared driveway on the front off Lindbergh?
    No, preliminary discussions with Atlanta planning and development would require the garages to face the rear of the property, so the front driveway would become a maintenance type curbcut to facilitate sewer access and sanitation pickup of trash and recycling roller bins. GDOT controls access for curbcuts for Lindbergh and Atlanta DOT for curbcuts along Lindridge.
  10. Are duplex attached buildings taller than existing zoning?
    No, the height limitation of R5 is the same as the current R4 designation of 35 feet; therefore, the building could be not taller than any new construction in the neighborhood today in R4.
  11. Why can’t you just do existing R4?
    R4 is not suitable transitional zoning for this property. This site has different building conditions than others in the immediate neighborhood such as 4 lane street, significant right of way take affecting front setbacks and buildable depth, existing infrastructure affected by road widening, and limitations on curbcuts for GDOT controlled access, so a zoning change of a building type is necessary to build compatible scaled housing on these lots. Also, existing zoning requires 70′ wide lots, so to make the existing lots uniform width and compatible with current platting patterns the way the Lindridge Martin Manor Board requested, then another zoning is required to make that possible. Lindridge Martin Manor leaders rejected an earlier R4A proposal of detached dwellings so the R5 was proposed. Noted the R5 proposal is less than the number of dwellings allowed under both a PD-H and an RG-2. We felt that the R5 zoning could accomplish the goals of one of more flexible zoning.
  12. Why did you state the property was commercial?
    Yes, the 910 Lindbergh property started it’s journey under the existing code with both and O-I zoning and an R4 zoning depending on the Mylar map referenced as the property is both in District 17, Land lot 48 and 6. The property has a Land lot 48 parcel number and has always been derived from the property across the interstate as it once connected, never appearing on a land lot 6 map until the existing code in 1980. The property was continuously taxed as commercial by the agent of City of Atlanta and was as recently as 2011 assigned a Commercial Land Use CDP designation by Council. Atlanta also billed sanitation as commercial to the current property owner in 2019 having only modified it upon permitting by the owner.
  13. How much of the tree canopy and green space will be enhanced?
    This project will facilitate restoration of over 40,000 sq. ft. of the watershed buffer to remove invasive species. An area over 75 feet wide from the creek will be planted with additional native plants and enhance the tree canopy. This proposed development of the houses will all be outside of watershed flood plain and will restore additional green space in this buildable area too. (To put this in context, the Southfork Conservancy and Path400 are nextdoor paving much closer to the creek at the state minimum 25 foot buffer and are restoring 24,000 of their stated 50,000 sq. ft. with concrete. That’s an equivalent impervious surface to over 20 house rooftops in the flood plain).

Below are some photos of the site conditions. These are fairly level lots gently sloping about 5 feet from the back to the front. Lots 1, 2, & 3 would likely be built up slabs or crawl space foundations as it may not have enough slope for a basement. Lot 4 could accommodate a basement. For all of the lots, the rear of the properties at the building sites is generally higher elevation than the street.