Fill - Free fillable VARIANCE AND WAIVER APPLICATION PACKET PDF form

Rev 4/28/20

City of Chamblee Development Department

5576 Peachtree Rd, Ste 102 • Chamblee, GA 30341 • 770-986-5010 • chambleega.gov

VARIANCE AND WAIVER APPLICATION PACKET

Variances and waivers are modifications of the specific provisions of the Unified Development Ordinance (UDO)

granted when strict enforcement of the UDO would cause undue hardship owing to circumstances unique to

the individual property on which they are granted. Variances apply to Title 2 of the UDO, while waivers apply to

Title 3.

The first step toward applying for a variance or waiver is to contact the Development Department to schedule

a pre-application meeting.

Application Requirements Checklist:

The following information and documentation must be received in order for a variance or waiver submittal to

be deemed a complete application:

 Completed Application Requirements Checklist

 Variance and Waiver Application Form

 Owner Permission Affidavit(s)

 Campaign Contribution Disclosure Statement(s)

 Pre-Application Form Signed by the Development Department

 Redevelopment Assessment Form (if applicable)

 Legal Description of the property

 Letter of Intent:

▪ For a Zoning Variance or Sign Variance, provide a project description and justification of how

the project complies with the Review and Approval Criteria in Section 280-32. Each of the

following Criteria for a zoning variance or sign variance must be addressed by the applicant:

1) There are extraordinary and exceptional conditions pertaining to the particular property in

question because of its size, shape or topography; and

2) The application of this UDO to the particular piece of property would create an unnecessary

hardship; and

3) Such conditions are peculiar to the particular piece of property involved; and

4) Such conditions are not the result of any actions of the property owner; or

5) Relief, if granted, would not cause substantial detriment to the public good nor impair the

purposes or intent of this zoning ordinance.

▪ For a Stream Buffer Variance, provide a project description and justification of how the project

complies with the Review and Approval Criteria in Section 310-19(c). Each of the following

Criteria for a stream buffer variance must be addressed by the applicant:

1) The shape, size, topography, slope, soils, vegetation and other physical characteristics of

the property;

2) The locations of all streams on the property, including along property boundaries;

3) The location and extent of the proposed buffer or setback intrusion;

4) Whether alternative designs are possible which require less intrusion or no intrusion;

5) The long-term and construction water-quality impacts of the proposed variance; and

6) Whether issuance of the variance is at least as protective of natural resources and the

environment.

c. For a Waiver, provide a written response to the following criteria from Section 300-8 of the UDO:

“Where, because of severe topographical or other condition peculiar to the site, strict adherence

would cause an unnecessary hardship not caused by the owner, a Waiver may be granted only

to the extent that is absolutely necessary and not to the extent that would violate the intent of

Title 3 of the UDO.”

 Site Plan (See attached Site Plan Checklist for requirements)

 Other materials reasonably required by the City necessary to the analysis of the application.

 Application Fees:

▪ Variances: Single-family detached residential: $450 + $50 for each additional variance; All

other uses: $1,300 + $100 for each additional variance. All variances require additional

advertising fees.

▪ Waivers: No fee.

Please submit the entirety of your application electronically, saved in .pdf format with a maximum 25

MB file size, to Chambleedevelopment@chambleega.gov. No hard copies are required to be submitted.

Fees can be paid electronically via the link found at www.chambleega.gov/152/appications-and-forms.

Application Processing:

Variances: An application shall be considered complete and ready for processing only if it is submitted in the

required format, includes all required information and supporting documentation, and is accompanied by the

application filing fee. The Development Director shall make a determination of application completeness in

accordance with the schedule established pursuant to Section 280-6. Applications deemed complete by the

Development Director will be considered to be in the processing cycle and will be reviewed by City Staff,

affected agencies, and other review and decision-making bodies in accordance with applicable review and

approval procedures of the UDO.

Any variations to strict compliance with the regulations of the UDO require review and approval by the Mayor

and City Council in accordance with the variance procedures of Chapter 280, Article 4.

The Mayor and City Council shall, upon receipt of recommendations from Staff, hold a public hearing on a

variance application. This takes place at the Mayor and City Council Work Session the Thursday prior to the

regular monthly Mayor and City Council meeting, at 6:00 pm at the Chamblee Civic Center, located at 3540

Broad Street, Chamblee, GA 30341.

A meeting of the Mayor and City Council for the purposes of reviewing and making final decisions on

variances shall be conducted either no more than five days after the date of the public hearing, or at the next

scheduled meeting of the Mayor and City Council, where the Mayor and City Council shall act by simple

majority vote to approve the variance, approve the variance with conditions, or deny the variance based on

the applicable review and approval criteria of Section 280-32. The Mayor and City Council is also authorized

to defer action or continue a hearing in order to receive additional information or further deliberate. The

regular meeting of the Mayor and City Council occurs the third Tuesday of every month at 7:30 pm at the

Chamblee Civic Center, located at 3540 Broad Street, Chamblee, GA 30341.

If a variance application is denied, an application to vary the same zoning ordinance provision for the same

portion of the subject property may not be resubmitted for six (6) months from the date of the denial.

Any person aggrieved by a final variance decision of the mayor and city council, including any officer,

department, board or agency affected by such decision, may seek review of such decision by petitioning the

superior court for a writ of certiorari, setting forth the alleged errors. The petition must be filed within 30 days

of the date that the mayor and city council renders its final decision.

Waivers: Waivers and variances have the same application requirements, follow the same timeline, and have

the same appeals requirements. However, waivers do not require a public hearing.

See Zoning Application Schedule for submittal deadlines and public meeting dates.

The current UDO and Zoning Application Schedule can be found at www.chambleega.gov/160/zoning.

City of Chamblee Planning & Development Department

5576 Peachtree Rd, Ste 102 • Chamblee, GA 30341 • 770-986-5010 • chambleega.gov

VARIANCE AND WAIVER APPLICATION

CHECK ALL THAT APPLY:  Variance 

 Stream Buffer Variance

Waiver

_____________________________________________________________________

Name of Project

_____________________________________________________________________

Property Address

_____________________________________________________________________

Brief Description of Project

_____________________________________________________________________

_________________________________

Zoning District

__________________ ______________ __________________ ______________

Total # of Properties Involved Total Project Acreage Total Number of Buildings Total sq. ft. of buildings

OWNER:

_____________________________________________________________________

Name and Company

_____________________________________________________________________

Mailing Address City, State Zip Code

________________________ ___________________________________________

Phone # E-mail

APPLICANT:  Check here if Applicant is also the Property Owner

_____________________________________________________________________

Name and Company

_____________________________________________________________________

Mailing Address City, State Zip Code

_________________________ ____________________________________________

Phone # E-mail

_______________________________________________________ _________________________

Applicant Signature

Date

 I hereby certify that all information provided herein is true and correct.

NOTARY:

Sworn to and subscribed before me this ________ day of _______________________, 20________

Notary Public:

Owner Permission Affidavit

Subject Property Street Address:

Subject Property Tax ID number: 18 - - -

Owner:

Name (Person, Firm, Corporation, or Agency):

Mailing Address:

Phone:

Email:

Property Owner’s Agent (If applicable)

Name (Person, Firm, Corporation, or Agency):

Mailing Address:

Phone:

Email:

I am applying for, or I hereby give authority to the applicant to file an application for:

Owner/Agent signature Owner/Agent printed name

This instrument was signed before me on this date

County Georgia Notary Signature:

Affix seal/stamp as close to signature as possible

Rev 5/10/18

City of Chamblee Planning & Development Department

5576 Peachtree Rd, Ste 102 • Chamblee, GA 30341 • 770-986-

5010 • chambleega.gov

City of Chamblee Planning & Development Department

5576 Peachtree Rd, Ste 102 • Chamblee, GA 30341 • 770-986-5010 • chambleega.gov

Disclosure of Campaign Contributions

Please read the law and complete the Campaign Disclosure Statement on the following page if

you are requesting a Variance, Amendment, or Development of Community Impact.

GA C

itation/Title

GA Code 36-67A-3, Disclosure of Campaign Contributions

*38069 Code, 36-67A-3

COD

E OF GEORGIA TITLE 36. LOCAL GOVERNMENT PROVISIONS APPLICABLE TO COUNTIES

AND MUNICIPAL CORPORATIONS CHAPTER 67A. CONFLICT OF INTEREST IN ZONING

ACTIONS (Current through 2016 General Assembly)

36-67A-3 D

isclosure of campaign contributions.

a) When any applicant for rezoning action has made, within two years immediately preceding the

filing of that applicant’s application for the rezoning action, campaign contributions aggregating

$250.00 or more to a local government official who will consider the application, it shall be the

duty of the applicant to file a disclosure report with the governing authority of the respective local

government showing:

1) The name and official position of the local government official to whom the campaign

contribution was made; and

2) The dollar amount and description of each campaign contribution made by the applicant to

the local government official during the two years immediately preceding the filing of the

application for the rezoning action and the date of each such contribution.

b) The disclosures required by subsection (a) of this Code section shall be filed within ten days after

the application for the rezoning action is first filed.

c) When any opponent of a rezoning action has made, within two years immediately preceding the

filing of the rezoning action being opposed, campaign contributions aggregating $250.00 or more

to a local government official of the local government which will consider the application, it shall

be the duty of the opponent to file a disclosure with the governing authority respective local

government showing:

1) The name and official position of the local government official to whom the campaign

contribution was made; and

2) The dollar amount and description of each campaign contribution made by the opponent to

the local government official during the two years immediately preceding the filing of the

application for the rezoning action and the date of each such contribution.

d) The disclosure required by subsection (c) of this Code section shall be filed at least five calendar

days prior to the first hearing by the local government of any of its agencies on the rezoning

application.

(Code 1981, 36-67A-3, enacted by Ga. L. 1986, p. 1269, 1; Ga. L. 1991, p. 1365, 1; Ga. L. 1993, p. 91,

36.)

Off

City of Chamblee Planning & Development Department

5576 Peachtree Rd, Ste 102 • Chamblee, GA 30341 • 770-

986-5010 • chambleega.gov

Campaign Contributions Disclosure Form

Have you as applicant, agent for applicant, property owner, or person associated with the application for property,

located at ___________________________________________________________________________, within the

two (2) years immediately preceding the filing of this application, made campaign contributions aggregating $250.00 or

more to an elected official of the City of Chamblee?

 YES  NO

Name:

Address:

Signature:

Date:

If the answer above is YES, then please complete the following section:

Date

Government Official

Official Position

Description

Amount

Applicant/

Owner

INSTRUCTIONS FOR REQUESTING A PRE-APPLICATION MEETING

1. Amend the zoning map

2. Variance and/or Waiver

3. Development of Community Impact (DCI)

4. Subdivide land

5. Any other application deemed necessary by staff

Application Submittal and Review Process:

A. Complete a Pre-Application Information Form that contains a detailed description of the request. Attach a

separate sheet if necessary.

B. Prepare Concept Plans and a Submit a PDF digital version that conveys the proposed project. These plans

may be conceptual in nature and do not need to be developed by a design professional. (Note: Individual PDF

files may not exceed 25 MB. Large files should be separated into individual PDF files not exceeding 25 MB.)

C. Submit the Pre-Application Instruction Form and Concept Plans to the Planning and Development

Department via email to chambleedevelopment@chambleega.gov. The application and forms will be reviewed

within (2) two business days. Staff will contact the applicant to schedule the Pre-Application Meeting.

D. Attend the Pre-Application Meeting with the Planning and Development Department. Feedback about the

proposal, along with an overview of the application and review processes will be provided during this meeting.

E. Submit a Signed Copy of the Pre-Application Information Form with the formal application. When the

applicant is prepared to submit the full, complete application for the development activity or zoning process, a

copy of the Pre-Application form is required to be included in the submittal.

PRE-APPLICATION INFORMATION FORM SUBMITTAL CHECKLIST:

 Complete Pre-Application Information Form

 One PDF digital version of Concept Plans (Note: Individual PDF files may not exceed 25 MB. Large files should

be separated into individual PDF files not exceeding 25 MB.)

Rev 08/2020

City of Chamblee Planning & Development Department

5576 Peachtree Rd, Ste 102 • Chamblee, GA 30341 • 770-986-5010 • chambleega.gov

Projects That Require a Pre-Application Meeting:

PRE-APPLICATION INFORMATION FORM

This page must be completed by the Applicant.

APPLICANT

_______________________________________________________________________________

Name

_______________________________________________________________________________

Company

_______________________________________________________________________________

Mailing Address Suite/Apt. # City, State Zip Code

_________________ _________________ _________________

Primary Phone # Alternate Phone # E-mail

PROJECT SUMMARY

_______________________________________________________________________________

Address of Project

_______________________________________________________________________________

Name of Project

_______________________________________________________________________________

Application Type (Amend Zoning Map, Development of Community Impact (DCI), Variance/Waiver, Subdivide Land, Other)

______________________

Total Project Acreage

Detailed Description (Include Proposed Use(s) and Square Footage of Floor Area for each use):

_______________________________________________________________________________

________________________________________________________ Date: ______ / ______ / ___________

Applicant Signature

NOTE: This form must be signed by staff and submitted with your application.

For Internal Use Only:

Pre-Application Meeting Date: _______________________

Staff Printed Name: _________________________ Signed: _________________________________

City of Chamblee Planning & Development Department

5576 Peachtree Rd, Ste 102 • Chamblee, GA 30341 • 770-986-5010 • chambleega.gov

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Page 1 of 2

City of Chamblee Planning and Development Department

5576 Peachtree Rd, Ste 102 • Chamblee, GA 30341 • 770-986-5010 • chambleega.gov

Revised 6/16/20

Redevelopment Assessment Form

(Applies to all existing structures except for Single-Family Detached Residential structures,

per Chamblee UDO Section 270-9)

PROPERTY ADDRESS: ______________________________________________________________

APPLICANT NAME: _______________________________ DATE: ____________________________

PROJECT TYPE: (Check all that apply)

 Renovation

 Alteration

 Addition

 Repair

 Other ______________________________________

THRESHOLD ASSESSMENT:

Total construction cost post renovation/improvement, cumulative: TCC = ___________________

(Attach documentation for all improvements made over the last 3 years. See UDO Section 270-9. Interior-only

renovations are 50% of the cost valuation based on the ICC Building Valuation Data Construction Cost Table)

Fair Market Value of existing structure(s): FMV = ___________________

(Attach DeKalb County Tax Assessor documentation for all buildings on the site. The information can be obtained

from the following website: https://propertyappraisal.dekalbcountyga.gov/search/

Percent calculation: TCC/FMV = ________________

ASSESSMENT: (Check one)

 Improvements not required because less than 30% improvement

 ≥ 30%  ≥ 60%  ≥ 70%

Mandatory compliance is not intended to result in total improvement costs greater than or equal to

125% of FMV value but applicant shall meet items in order of priority listed in Section 270-9 of the UDO

until the 125% cap is met.

See Page 2 of this form for Redevelopment Thresholds Summary Table.

Page 2 of 2

City of Chamblee Planning and Development Department

5576 Peachtree Rd, Ste 102. • Chamblee, GA 30341 • 770-986-5010 • chambleega.gov

Redevelopment Thresholds Summary Table

Code to be applied

Redevelopment costs as a percentage of the

fair market value of the structure

Less than

30%

30% or

60% or

70% or

Section 230-26 (Streetscape design)

Not

mandatory

Mandatory Mandatory Mandatory

Section 250-7 (Parking)

Not

mandatory

Not

mandatory

Not

mandatory

Mandatory

Section 230-27 Building architecture)

Not

mandatory

Not

mandatory

Mandatory

Section 230-29 (Storefront Streets)

Not

mandatory

Not

mandatory

Mandatory

Remaining provisions of Chapter 230, Article 2

(Civic Design) not listed above

Not

mandatory

Not

mandatory

Not

mandatory

Mandatory

Section 250-21 (Dumpsters)

Not

mandatory

Not

mandatory

Mandatory Mandatory

Remaining provisions of Chapter 250 (Off-Street

Parking and Loading Standards) not listed above

Not

mandatory

Not

mandatory

Not

mandatory

Mandatory

Section 320-21 (Off-street surface parking lot planting

requirements)

Not

mandatory

Not

mandatory

Mandatory

Remaining provisions of Chapter 320, Article 2 (Buffers)

not listed above

Not

mandatory

Not

mandatory

Not

mandatory

Mandatory

Subsection 350-2(a)(1)(b) (Sidewalks crossing

driveways)

Not

mandatory

Not

mandatory

Mandatory

Remainder of UDO

Not

mandatory

Not

mandatory

Not

mandatory

Mandatory

Rev 7/6/18

City of Chamblee Planning & Development Department

5576

Peachtree Rd, Ste 102 • Chamblee, GA 30341 • 770-986-5010 • chambleega.gov

Variance and Waiver Site Plan Checklists

Zoning and Sign Variances, Waivers

At a minimum, requests shall include the following:

1. Site Plan of Existing Conditions. The site plan must be to scale and include:

 Parcel boundaries

 North arrow

 Visual scale a minimum of 1”=100’

 Location of streams and lakes affecting the property

 Abutting streets, sidewalks, and rights-of-way

 Existing building footprints, and other existing impervious surfaces such as driveways and

walkways

 Location of permanent ground signs

 Existing easements

 Required zoning setbacks

 Existing impervious surface area ratio calculation

 Existing open space calculation provided (if non-residential)

 Required zoning buffers

 Additional information as requested by Staff

2. Site Plan of Proposed Conditions. The site plan must be to scale and include the following, clearly

identified with dimensions and materials:

 Parcel

boundaries

 North arrow

 Visual scale a minimum of 1”=100’

 Location of streams and lakes affecting the property

 Abutting streets, sidewalks, and rights-of-way

 Proposed building footprints, and other impervious surfaces such as driveways and walkways

 Location of permanent ground signs

 Easements

 Required zoning setbacks

 Impervious surface area ratio calculation

 Open space calculation provided (if non-residential)

 Required zoning buffers

 Additional information as requested by Staff

Rev 7/6/18

City of Chamblee Planning & Development Department

5576 Peachtree Rd, Ste 102 • Chamblee, GA 30341 • 770-986-5010 • chambleega.gov

Stream Buffer Variances

At a minimum, per Section 310-19(c) of the UDO, a stream buffer variance request shall include the following:

 A site map that includes locations of all streams, wetlands, floodplain boundaries and other natural

features, as determined by field survey;

 A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics

of the property;

 A detailed site plan that shows the locations of all existing and proposed structures and other

impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the

buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated;

 Documentation of unusual hardship should the buffer be maintained;

 At least one alternative plan, which does not include a buffer or setback intrusion, or an explanation of

why such a site plan is not possible;

 A calculation of the total area and length of the proposed intrusion;

 A stormwater management site plan, if applicable; and

 Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an

explanation of why none is being proposed.

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