Johns Creek Board of Zoning Appeals Meeting – April 21, 2026
Johns Creek Board of Zoning Appeals Meeting – April 21, 2026
The Johns Creek Board of Zoning Appeals (BZA) met on April 21, 2026, with all members present except Mr. Green. The meeting included two variance hearings, election of officers, and departmental updates. Both variance requests were approved unanimously.
Consent Calendar
- The agenda and minutes from the March meeting were approved unanimously by voice vote (motion by Mr. Stainers, second by Mr. Talbby).
Public Comments & Testimony
- No opposition was presented for either variance case.
Discussion Items
Case V-26-004 (535 HVL Overlook)
- Summary: The applicant, Chago Cabral (homeowner), requested a variance to retain a deck addition that encroaches 12.5 feet into the city’s 75-foot stream buffer. The deck was built without a permit; a stop work order was issued on October 8, 2025. The lot (0.34 acres, zoned R-1A) was platted in 1990, but current regulations expanded the buffer to cover 46% of the property. Staff recommended approval with conditions: 12.5 feet encroachment, 400 sq ft of impervious surface (including 160 sq ft net new), and a mitigation planting plan (1 small tree, 3 shrubs, ground cover) to be done by hand within the undisturbed buffer.
- Applicant presentation: Alyssa Taylor (neighbor and civil engineer) spoke on behalf of Cabral, explaining the need for more deck space for his five children and that the original deck was partially non-compliant prior to the addition. Cabral stated he was unaware of the 75-foot buffer requirement.
- Board discussion: Questions clarified that only wood decking was being added (no concrete), that the existing concrete was not within the buffer, and that a building permit would be required regardless. Staff confirmed the revised condition (B) requiring hand planting without heavy machinery.
- Outcome: Motion to approve as presented by staff (moved by Ms. Miniman, seconded) passed unanimously by voice vote.
Case V-26-005 (9105 Barkston Drive)
- Summary: The applicant, Ken Agiri (represented by Charlie Ray), requested a variance to encroach 50 feet into the 75-foot stream buffer to construct a single-family home and pool. The 0.72-acre lot is in Country Club of the South (CUP zoning). A previous variance (approved in 2021) expired after 36 months. Staff recommended approval with conditions: 50 linear feet encroachment, 2,084 sq ft disturbance in the 50-foot undisturbed buffer, 2,336 sq ft impervious surface within the 75-foot buffer, no disturbance in the 25-foot state buffer, a stormwater mitigation plan (two dry wells), a vegetative plan (7 large trees, 12 small trees, 38 shrubs, 88 ground cover), and re-recording of the final plat to reflect buffers.
- Applicant presentation: Charlie Ray explained that a previous buyer fell through, and the lot sat idle. The plan is identical to the 2021 approved plan except for updated mitigation details.
- Board discussion: Staff clarified that the lake is an in-line detention pond/dammed stream, warranting state and city buffers. The final plat had not previously shown buffers, so re-recording is required. The variance is supported because the buffer interpretation changed after plating.
- Outcome: Motion to approve as submitted by staff (moved by Mr. Stanet, seconded by Mr. Hopkins) passed unanimously by voice vote.
Election of Chair and Vice Chair
- Sandeep was nominated and elected Chair by voice vote (motion by Mr. Yeah, seconded by Mr. Talapoli; all in favor).
- Mr. Stainer was nominated and elected Vice Chair by voice vote (motion by Sandeep, seconded; all in favor).
Departmental Updates
- Staff announced that there will be one case at the May 19, 2026 BZA meeting.
Key Outcomes
- V-26-004 (535 HVL Overlook): Approved unanimously with staff conditions (12.5 ft encroachment, 400 sq ft impervious, mitigation plantings by hand).
- V-26-005 (9105 Barkston Drive): Approved unanimously with staff conditions (50 ft encroachment, specified disturbance/impervious limits, mitigation plan, re-recording of plat).
- Chair: Sandeep elected.
- Vice Chair: Mr. Stainer elected.
- Next Meeting: May 19, 2026, with one case.
Meeting Transcript
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.
openpublica.com