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Record of Proceedings

John's Creek Board of Zoning Appeals Meeting Summary - June 16, 2026

City Council — Tuesday, June 16, 2026

BodyJohns Creek, Georgia

SessionCity Council

DateTuesday, June 16, 2026

StatusFILED

Video Record

0:00 / 51:32

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:13

So we're welcome to the City of John's Creek Board of Zoning Appeals meeting for June uh 2026.

0:22

Uh let the record show that we have a quorum.

0:25

Uh Mr.

0:25

Green and Mr.

0:26

Hopkins are absent.

0:27

We still have um quorum present um and we will proceed.

0:32

Um we have our um agenda from uh for the current meeting and the minutes from our last meeting.

0:38

If uh the members have had a chance to review it.

0:41

Uh do we have any changes, corrections, or a motion on the um agenda and the minutes.

0:47

Motion to approve the last meeting minutes.

0:50

Um Mr.

0:51

Chalapli has uh made a motion to approve any seconds.

0:54

Second, Mr.

0:55

Sena has seconded it.

0:56

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

0:58

Aye.

0:58

Aye.

0:59

Aye.

0:59

Any opposition?

1:01

The um agenda and the minutes as presented or approved.

1:06

For the public hearing portion tonight, we have one case.

1:10

Um the um staff will present the case to begin with, and then once the staff presentation is done, uh, the applicant will have 10 minutes um of time to make a presentation of their case.

1:22

Um, and if there is anybody in opposition, uh they will have 10 minutes to make their case.

1:28

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

1:35

Um it's uh V-26007.

1:39

Um Swan, you can I guess you can um use this.

1:43

It's okay.

1:54

Good evening forward.

1:56

Um our variance case tonight is 26-0007, and it's located at 9625 Rod Road.

2:16

The subject property is located within church well subdivision.

2:21

The passage size is 0.442 acres, and the zoning is a CUP community unit plant district uh residential.

2:31

The lot was originally platted in 1997 by Fulton County and shows uh hundred-year flood plane or 35 foot on disturbed stream buffer and a portion of uh inline detention pond lake in the rear yard.

2:50

Application um of the city's city's current buffer requirement extends the stream buffer from 35 feet to 75 feet, covering approximately 73 percent of the property.

3:07

The applicant is requesting to encrowage into the 75 stream buffer to rebuild and uh extend the deck.

3:18

Our applicable code requirements come from City of Transcript Code of Ordinance, Chapter 109, Natural Resources and Environmental Protection.

3:28

Article 5, stream buffer protection, Section 109118 A.

3:34

Buffer and Z back requirements.

3:37

One on undisturbed natural state buffer shall be maintained for 50 bit on both banks of the stream.

3:46

Two, on auditional setback shall be maintained for 25 bit beyond the 50 on disturbed buffer.

3:56

Within this setback, all impervious cover shall be prohibited and grading filling and also moving shall be minimized.

4:16

Is to allow 33-foot encroachment into the city's 75 stream buffer to replace the existing deck, which is shown in green.

4:27

The new deck shown in blue and green will maintain the same width of 26 bit, but extend the depth by about two feet.

5:00

The proposed improvement will create approximately 340 square feet of new disturbance and result in 1950 square feet of total impervious surface within the stream buffer, including portion of the home, driveway, retaining wheel, retaining walls, and entire deck.

5:12

However, the the net increase in stream buffer encroachment will be only 57 square feet.

5:23

The applicant has not proposed any land disturbance within the state 25 stream buffer.

5:31

The mitigation plan is intended to offset the stormwater and environmental impact.

5:38

And applicant is proposing a 340 square foot planting area as mitigation, including one small tree, nine shrubs, and 24 ground cover plant.

5:52

Review criteria for stream buffer variants.

5:55

According to City Code Section 109118B2, there are main two main considerations for granting stream buffer variants.

6:05

A, when a property to shape, topography, or other physical conditions existing at the time of the adoption of this article, prevents land development unless the buffer variants is granted.

6:18

Or B on user circumstances when uh strict adherence to the minimal buffer requirements in the article would create an extreme hardship.

6:30

Step analysis.

6:33

The photos on this slide shows the existing deck conditions and adjacent lake.

6:41

As mentioned earlier, the city's stream buffer regulations have extended extended buffer area into the rail yard.

6:50

And this extension of the stream buffer creates a hardship for the homeowner.

6:57

As shown on the survey, the updated city 75 stream buffer now affects approximately 73% of the subject property, including existing and proposed improvements.

7:12

As a result, under the current regulations, the deck would not be permitted without a stream buffer variance.

7:26

The subject property is constrained by a 25-foot downward slope in the rear yard towards the lake, which limits the usability of the portion of the property.

7:41

Based on these findings, granting this variance would allow for the construction of the proposed deck audition and bring it into compliance with the stream buffer ordinance.

7:54

Based on these findings, staff recommends approval of V2607 with two conditions.

Discussion Breakdown — Share of Meeting

Procedural████████████████████████████████████36%

Environmental Protection██████████████████████████26%

Zoning Regulations████████████████████████24%

Stormwater Management██████████10%

Pending Litigation████4%

Summary of Proceedings

John's Creek Board of Zoning Appeals Meeting - June 16, 2026

The Board of Zoning Appeals of Johns Creek, Georgia met on June 16, 2026, at 12:00 PM. The meeting was called to order with a quorum present (Mr. Green and Mr. Hopkins absent). The board approved the prior meeting minutes and agenda unanimously. The sole public hearing case was a stream buffer variance for a deck replacement (V-26007). The board also debated and adopted revised rules and procedures for its meetings. The meeting was live-streamed.

Consent Calendar

Motion to approve the last meeting minutes and the current agenda passed unanimously by voice vote (all ayes, no opposition).

Discussion Items

Variance Case V-26007 (9625 Rod Road): The applicant requested a variance to encroach 33 linear feet into the city’s 75-foot stream buffer to replace and extend an existing deck by two feet (from 12 ft to 14 ft depth). The property is constrained by a lake, a 25-foot slope, and a 75-foot buffer covering 73% of the lot. The net new impervious surface within the buffer is 57 square feet (total 1,950 sq ft). Staff recommended approval with two conditions: (1) the encroachment shall not exceed 33 linear feet and 1,950 sq ft total impervious surface (57 sq ft net new), and (2) a mitigation planting plan of one small tree, nine shrubs, and 24 ground cover plants covering 340 sq ft. During discussion, board members asked about the need for condition #2 (mitigation). Staff explained it is required for any additional impervious surface. The applicant expressed willingness to comply but noted difficulty planting a tree due to limited space; the board considered striking the tree if necessary, but staff emphasized the tree’s benefit. The applicant’s view concern about planting on the slope was addressed: the tree’s proposed location is on a level area near the fence, not on the slope. The board voted 4–1 to approve the variance with staff’s conditions (Mr. Stainler voted no).
Departmental Updates – Revised Rules and Procedures: Staff presented proposed revisions to the Board of Zoning Appeals’ rules and procedures (required by code Chapter 22-14-6). The revisions clarify procedures for administrative decision appeals, including designation of parties (appellant, city, other property owners), speaking times (10 minutes per party, with 3 minutes per person for public comment within a total 10-minute slot), advance notice requirements (7 days to declare intent to speak; 14 days to submit evidence/documents), and order of presentations. The board discussed the seven-day versus 14-day notice requirement for parties and whether to harmonize them. Staff and board debated the order of presentations (public comment first vs. city report first). The board agreed to keep the seven-day notice for speaking but left open the possibility of future adjustment. The motion to adopt the rules as presented, with minor formatting fixes, passed unanimously.

Key Outcomes

Variance V-26007 approved 4–1, subject to conditions: (1) maximum encroachment of 33 linear feet, total impervious surface 1,950 sq ft (57 sq ft net new), and (2) mitigation planting of one small tree, nine shrubs, and 24 ground cover plants in areas shown on the plan.
Revised BZA rules and procedures adopted unanimously, effective immediately. The order of presentations for appeals will be: public comment, appellant, city, then other property owners (with appellant able to reserve rebuttal time). The board encourages staff to send meeting invitations to board members.
Next meeting scheduled for July 21, 2026, with two cases: a setback encroachment and an administrative appeal.

Meeting Transcript

So we're welcome to the City of John's Creek Board of Zoning Appeals meeting for June uh 2026. Uh let the record show that we have a quorum. Uh Mr. Green and Mr. Hopkins are absent. We still have um quorum present um and we will proceed. Um we have our um agenda from uh for the current meeting and the minutes from our last meeting. If uh the members have had a chance to review it. Uh do we have any changes, corrections, or a motion on the um agenda and the minutes. Motion to approve the last meeting minutes. Um Mr. Chalapli has uh made a motion to approve any seconds. Second, Mr. Sena has seconded it. Uh all in favor of the motion, please say aye. Aye. Aye. Aye. Any opposition? The um agenda and the minutes as presented or approved. For the public hearing portion tonight, we have one case. Um the um staff will present the case to begin with, and then once the staff presentation is done, uh, the applicant will have 10 minutes um of time to make a presentation of their case. Um, and if there is anybody in opposition, uh they will have 10 minutes to make their case. All questions of um staff, applicant and opposition will be after the public hearing is closed. Um it's uh V-26007. Um Swan, you can I guess you can um use this. It's okay. Good evening forward. Um our variance case tonight is 26-0007, and it's located at 9625 Rod Road. The subject property is located within church well subdivision. The passage size is 0.442 acres, and the zoning is a CUP community unit plant district uh residential. The lot was originally platted in 1997 by Fulton County and shows uh hundred-year flood plane or 35 foot on disturbed stream buffer and a portion of uh inline detention pond lake in the rear yard. Application um of the city's city's current buffer requirement extends the stream buffer from 35 feet to 75 feet, covering approximately 73 percent of the property. The applicant is requesting to encrowage into the 75 stream buffer to rebuild and uh extend 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, Section 109118 A. Buffer and Z back requirements. One on undisturbed natural state buffer shall be maintained for 50 bit on both banks of the stream. Two, on auditional setback shall be maintained for 25 bit beyond the 50 on disturbed buffer. Within this setback, all impervious cover shall be prohibited and grading filling and also moving shall be minimized. Is to allow 33-foot encroachment into the city's 75 stream buffer to replace the existing deck, which is shown in green. The new deck shown in blue and green will maintain the same width of 26 bit, but extend the depth by about two feet. The proposed improvement will create approximately 340 square feet of new disturbance and result in 1950 square feet of total impervious surface within the stream buffer, including portion of the home, driveway, retaining wheel, retaining walls, and entire deck. However, the the net increase in stream buffer encroachment will be only 57 square feet. The applicant has not proposed any land disturbance within the state 25 stream buffer. The mitigation plan is intended to offset the stormwater and environmental impact. And applicant is proposing a 340 square foot planting area as mitigation, including one small tree, nine shrubs, and 24 ground cover plant. Review criteria for stream buffer variants. According to City Code Section 109118B2, there are main two main considerations for granting stream buffer variants. A, when a property to shape, topography, or other physical conditions existing at the time of the adoption of this article, prevents land development unless the buffer variants is granted.

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