Welcome to the City of John's Creek Board of Zoning Appeals meeting for July.

The meeting will now come to order.

Let the record show that we have a quorum and all members are present.

We have our agenda for the current meeting and minutes from our meeting in April.

If all our members have had a chance to review, are there any changes or a motion on the uh agenda and minutes?

Make a motion to approve the minutes as second it.

Motion by Mr.

Chanel and second by uh Mr.

Stainer.

Um, all in favor of the approving the agenda and minutes uh as presented, please say aye.

Aye.

Anyone on opposed?

Agenda and minutes are approved as presented.

We have two cases tonight.

Uh for the uh public hearing tonight, each applicant will have 10 minutes to present the case.

Any opposition will have a total of 10 minutes.

If the applicant does not use the full ten minutes, the demand can be resolved for rebuttal.

Anyone that wishes to speak, be uh please step up to the podium and be sure to state your name and address for the uh record.

All questions for staff, applicant, and opposition will be after the public hearing is closed.

So the first case is um v-25-0003.

Uh we'll start with the uh staff's presentation of the request.

Good evening, board.

I'm Tyler Barron, Planner 3.

Uh today we'll be uh going over V-25003 295 St.

Devin Crossing.

Uh these are the existing conditions of the property.

Located in Devon Hall neighborhood, the parcel is about 2.97 acres.

It's zoned R4A conditional.

Uh the subject property was platted in 1993 by Fulton County and showed a hundred-year floodplain with a 35-foot tributary buffer.

Uh now the 75-foot stream buffer encompasses over half the existing house and the entire rear yard and existing deck.

These are the existing conditions in the property.

Uh major to highlight is the pine strout area there is the flattest area on the property, and then it slowly falls to the photo on the bottom left, which is a slope towards the creek on the photo on the bottom right.

These are the applicable code requirements.

Uh Chapter 109, Natural Resources and Environmental Protection, Article 5, Stream Buffer Protection, Section 109-118 land development requirements, uh, buffer and setback requirements, an undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally on both banks as applicable, of the stream as measured from the point of rested vegetation, and two, an additional setback shall be maintained for 25 feet measured horizontally beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited.

Grading, filling, and earth moving shall be minimized within that setback.

Uh this is the variance request uh to encroach 48 feet into the city's 75 foot stream buffer to construct an outdoor stone paver patio area as shown in purple.

Uh to bring bringing the existing home and deck, shown in green, into compliance with the stream buffer.

Uh the installation of 660 square feet of impervious surface with 938 square feet of disturbance.

Uh that total is 200 or 2,485 square feet of total impervious surface, which includes 1,825 square feet of existing home and deck within that buffer.

The applicant has not proposed any disturbance within the state's 25 foot stream buffer.

The following is the mitigation plan to offset stormwater and viral impacts within the requested stream buffer encroachment.

The applicant has proposed 1600 square feet of planting area.

Uh you'll see the breakdown of the planting area there, three large trees, four small trees, three hundred twenty square feet of shrubs, two hundred eighty square feet of ground cover, with the quantities broken down in the table on your right.

This is the criterion by which stream uh buffer variances are reviewed.

According to City Code section 109-118B2, listing the following considerations for stream buffer variances.

When a property shape, topography, or other physical conditions existing at the time of the adoption of the article prevents land development unless a buffer variance is granted, or B unusual circumstances, circumstances when strict adherence to the minimal buffer requirements in the article would create an extreme hardship.

Following a staff analysis, the survey identifies a creek with rested vegetation meandering across along the east property line.

The application of the 50-foot undisturbed buffer with an additional 25-foot impervious setback extends the buffers into the rear yard, existing deck, and a significant portion of the home.

This is creating a hardship for the homeowner as 70% of the subject property, including existing and proposed improvements, fall within the 75-foot stream buffer.

Should not be permitted today without seeking a variance.

Granting this variance will allow for the construction of a of the proposed stone paver patio and bring the existing house into compliance with the stream buffer ordinance while negligibly impacting the stream.

What this is staff staff recommends approval of V-25003, subject to the following conditions.

The proposed development shall not exceed the falling encroachments as shown in the as built survey received by community development on May 21st, 2025.

Forty-eight linear feet of encroachment into the stream buffer, including 938 square feet of new disturbance within the stream buffer, and 2,485 square feet total impervious surfaces, including 660 square feet of net new impervious surface associated with the outdoor patio pathway and there is no rotating wall in the stream buffer.

A vegetative plan shall be submitted to community development as part of the building permit.

Said plan shall be consistent with the mitigation plan received by community development department on May 21st, 2025.

And the final vegetative plan shall pass city inspection prior to the issuance of the certificate of completion.

Thanks, Cheryl.

If the applicant is here and uh wishes to address the board, please come forward, state your name and address for the good.

Good evening.