Welcome to the Johns Creek Board of Zoning Appeals meeting for April 2026.

The meeting will now come to order.

Let the record show that we have a quorum.

Mr.

Green is absent.

All the other members are present.

We have our agenda for the current meeting and the uh revised minutes from the meeting from March.

If uh the members have had a chance to review it, um, is there a motion uh any changes or any motion?

No, that we accept the minutes as presented.

Mr.

Stainers made a motion to accept uh any second.

I second.

Mr.

Talbby is seconded.

Um all in favor of the motion, please say aye.

Aye.

Aye.

Anyone opposed uh the agenda and minutes are approved has presented for the uh public hearing portion tonight.

We have two cases.

Um the staff will present each case after the staff presentation.

The applicant will have 10 minutes uh to present their case.

Any opposition will have a total of 10 minutes.

Uh if the applicant does not use their full 10 minutes, the remainder can be reserved for reverto.

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

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

Our um first case today is uh let me get my first case v-26004.

Um staff person.

Good evening board.

Uh we have two variance cases tonight.

The first case is V2604, and it's located at 535 HVL overlook.

The subject property is within HLAN subdivision.

Passage size is 0.34 acres, and zoning is R for A single family residential.

The lot was originally platted in 1990 by Fulton County, showing a creek with a 25-foot stream buffer in the rear yard.

It is shown on the survey at top uh right.

Under the city's current regulation, this stream buffer uh has been expanded to 75 foot, uh covering 46% of a property line property, which is shown in blue, including the portion of the existing deck, which is shown in green.

So the applicant is requesting an encroachment into this uh 75 foot stream buffer to construct a tech addition.

For some context, in September 2025, the the homeowner began construction of a deck edition that encroaches into the 75 foot stream buffer without first obtaining a building permit.

On October 8, 2025, the city issued a stop work order following an investigation because of a complaint received by the city.

The homeowner later submitted a survey and a site plan confirming that the new tech edition encloses into the 75 stream buffer.

As a result, the applicant is now required to seek a stream buffer variance to maintain the DAC edition in its current location.

This slide compares the deck before and after the before and after the addition.

The two images at the top show the original upper left upper level uh deck, and two images at the bottom show the new lower level edition.

As we can see, the new tech edition uh extends outwards and wraps around the original structure.

The applicable code requirements come from City of John Screen Code of Ordinance, Chapter 109, Natural Resources and Environmental Protection.

Article 5, stream buffer protection, which contains section 109-118, land development requirements.

A buffer and step back requirements.

One on the sterled natural participative buffer shall be maintained for 50 bit.

Two, an additional stepback shall be maintained for 25 bit, in which all impervious cover shall be prohibited.

Grading filling and earth moving shall be minimized within the subbed.

Here is the side plan and the variance request tonight is to allow 12.5 foot encroachment into the city's 75 foot stream buffer to construct a lower wooden deck, which is shown in blue, and to bring the existing deck, which is shown in green into compliance with the stream buffer ordinance.

After construction, a total of 398 square feet of impervious surface within would be within the stream buffer.

Before construction, 238 square feet of existing deck was previously within the stream buffer.

This resulted in a net increase of 160 square feet of impervious surface associated with the net uh the new construction.

The applicant is not proposing any land disturbance within the city's 50 foot undisturbed stream buffer or state's 25 stream buffer.

To help officer tumor and environmental impact, the applicant is proposing 192 square feet of planting area.

This would include one small tree, three shrouds, and approximately three gallons of ground cover plantings along the south property line.

The review criteria for stream buffer variants, according to city code section 109-118P2.

There are two considerations for granting stream buffer variants.

A, when a properties shape, 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 unusual circumstances when strict adherence to the minimal buffer requirements in the article would create an extreme hardship.