John's Creek BZA Meeting - November 18, 2025: Two Variance Approvals
John's Creek Board of Zoning Appeals Meeting – November 18, 2025
The Board of Zoning Appeals (BZA) met on November 18, 2025, with a quorum present (Mr. Green absent, one position vacant). The board unanimously approved the agenda and minutes from the September meeting as presented.
Consent Calendar
- Approved the agenda and the September meeting minutes as presented.
Public Comments & Testimony
- Anish Rati Sankramati (public attendee) asked about the potential impact of Medley development on school capacity. Staff responded that the Fulton County School District was consulted during the 2022 rezoning and determined that all school levels (elementary, middle, high) are under capacity and would remain so even with the added 750 multifamily units and 133 townhomes, as multifamily units typically generate fewer students than single-family homes.
Discussion Items
Case V-25-0007 – 5745 Lake Heights Circle (Deck Variance)
- Staff (planner Kyang Sun) presented: The 0.513-acre lot (zoned R4A) was platted in 1993 with a 25-foot stream buffer. After city incorporation in 2006, the buffer expanded to 75 feet, now covering ~65% of the property. The applicant sought a variance to encroach 12.3 linear feet into the 75-foot buffer to remove an existing unsafe deck and stairs and build a new deck (316 sq ft impervious, 43 sq ft net new). No work would disturb the 50-foot or state 25-foot buffers. Mitigation included planting five shrubs. Staff found hardship due to the post‑incorporation buffer expansion and steep slope, and recommended approval with conditions. The applicant (representative) added that all work would be hand‑dug with erosion control, and the net change is minimal. No opposition. The board approved unanimously.
Case V-25-0008 – 11350 Johns Creek Parkway (Medley Color Palette Variance)
- Staff (Rucia Garval) presented: The 41.7‑acre Medley mixed‑use development (zoned TC‑X) includes 150,000 sq ft retail/restaurant, 110,000 sq ft office, 750 multifamily units, 133 townhomes, and a future hotel. The applicant requested a variance from the city’s required Pantone color system to allow a broader color palette for commercial storefronts (excluding neon/fluorescent). Staff analysis noted that the town center plan encourages vibrant placemaking and that comparable developments (Avalon, Halcyon) use diverse colors. The variance would be limited to retail storefronts; all other facades remain subject to the Pantone standards. Staff recommended approval with the condition that neon/fluorescent colors are prohibited.
- Applicant (Brandon Cox, Toro Development) explained that modern retailers require brand‑aligned colors; one signed tenant (Dry Bar) needed a yellow not in the palette. Medley’s approved design standards already ensure quality. Board members expressed concern about approving an open‑ended list. Staff noted that all storefront designs will be reviewed by staff at the permit stage, and interior gatekeeping (Toro’s tenant coordinator) already filters proposals. The board ultimately approved the variance with conditions, trusting staff’s oversight.
Key Outcomes
- V-25-0007 – Approved unanimously as presented, with conditions limiting encroachment to the specified dimensions and requiring a vegetative planting plan.
- V-25-0008 – Approved unanimously, subject to conditions that: (1) commercial storefronts are not restricted to the Pantone palette but neon/fluorescent colors are prohibited; (2) the Pantone requirement continues to apply to all other building facades and architectural elements; (3) colors will be reviewed by staff as part of the building permit process.
- No new applications were received; the BZA will have a holiday break with no December meeting.
- A replacement board member (vacant position) is expected to be appointed in February 2026 after the local elections.
Meeting Transcript
Welcome to the City of John's Creek Board of Zoning Appeals meeting for November. The meeting meeting will now come to our control that we have a quorum. Mr. Green is absent in one position is vacant. So we have our agenda from the current meeting and minutes from our meeting in September. If everyone has had a chance to review it, are there any changes or motion on the agenda and minutes? I make a motion to approve the agenda as is the minutes. It is on. And the minutes. And the minutes. The agenda and minutes are approved as presented. For the public hearing tonight, we have two cases. After the staff presentation, the applicant will have 10 minutes to present their case. The remainder can be resolved for Roberto. Anyone that wishes to speak, please step up to the podium, state your name and address. And our first case for the night is V-25-0007. Good evening, board. My name is Kyang Sun. This is my first presentation, and it's honored to present in front of you all. All right. And it's located located as 5745 lake heights circle. The subject property is located in Medallock Bridge subdivision. The password size of this lot is 0.513 acres. And the joining is R4A residential. For some background, the lot was originally platted in 1993 by Fulton County, which identified a creek with a 25 stream buffer in the rear yard. After the city's incorporation in 2006, the required stream buffer expanded to 75 feet. As you can see, the survey on the right, um, the expanded 75 stream buffer now encompasses approximately 65% of the property, including the existing deck. And uh applicant is proposing to encroach into this 75 stream buffer to rebuild uh rebuild the deck. Our applicable code requirements come from City of Transcript Code of Ordinance, Chapter 109, Natural Resources and Environmental Protection. Article 5, stream buffer protection, uh, which contains section 10918 land development requirements. A buffer and ZPEC requirement. One on undisturbed natural vegetable buffer shall be uh maintained for 50 bit, measured horizontally on both the bank as applicable of the stream as measured from the point of residue vegetation. Two, an auditional stepback shall be maintained for 25 bit measured horizontally beyond the undisturbed natural vegetative buffer, in which all impervious cover shall be prohibited. Grading, billing, and earth moving shall be minimized within the ZEP. So the variance request tonight is to allow a 12.3 foot encroachment into the city's 75 stream buffer to remove and replace on existing deck and stairs, which are highlighted in blue on the existing side plan on the left, and to construct a new deck, which is highlighted in green on the proposed side plan on the right. Under the proposed side plan on the right, the DAG will result in a total of 316 square feet of impervious surface within the stream buffer. So the net increase in encroachment within the stream buffer is 43 square feet. The applicant has not proposed any land disturbance within the city's 50 foot stream buffer or the state's 25 stream buffer. To offset stomach and environmental impacts, the applicant has proposed planting five shrubs along the west property line property line, shown here as five dark green circles. This slide shows the review criteria for uh stream buffer variants. According to City Code Section 109, 118P2, there are two main considerations for granting stream buffer variances. A, when a properties are shaped, topography or other physical conditions existing at the time of adoption of this article prevents land development unless a buffer variance is granted. Or B on user circumstances when strict adherence to the minimum buffer requirements in the article would create an extreme hardship. Staff analysis of this application as follows. The subject property was originally platted uh in 1993 under the Virtue County regulations, uh which required only a 25-foot stream buffer in the real yard. However, the incorporation of the city of John's Creek in 2006 expanded the stream buffer to 50 feet with an additional 25-foot impervious surface setback. As a result, this expansion of the stream buffer has created an hard ship for the homeowner. Because the stream buffer now covers nearly 65% of the property, including portions of the existing deck and the entire real yard. So under the current regulations, the deck would not be permitted without a stream buffer variance. As a part of existing conditions, the image on the left shows the rear yard, while the image on the right shows the existing deck and stairs that will be removed.
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