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.

As you can see from images, the uh the rear yard slopes downward approximately 25 feet toward the creek.

So the direct access is currently unsafe.

Because of steep slope and its related safety concern, the homeowner is not proposing to construct stairs, and the new deck would be squared off toward the western corner of the existing deck.

Therefore, granting this variance would allow construction of the proposed deck and bring it into compliance with the current stream buffer ordinance.

Based on the finding, staff recommends the approval of B dash 25-0007 with two conditions.

First, the proposed development shall not exceed the following encroachment as shown on the site plan received and date stamped on October 13, 2025.

That is A, 12.3 linear feet of encroachment into the stream buffer, and B 316 square feet of impervious surface, including 43 square feet of net new impervious surface associated with the deck with it within the stream buffer.

Second, a vegetative planting plan shall be submitted as part of the building permit application.

That concludes my presentation.

Thank you.