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Record of Proceedings

Johns Creek BZA Approves Stream Buffer Variance on October 20, 2026

City Council — Tuesday, October 20, 2026
BodyJohns Creek, Georgia
SessionCity Council
DateTuesday, October 20, 2026
StatusFILED
Video Record
0:00 / 15:41

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

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Speaker 1

0:01

Welcome to the City of Johns Creek Board of Zoning Appeals meeting for October 20th, 2026.

0:10

The meeting will now come to order.

0:13

Let the record show that we have a quorum.

0:17

So absent today is Mr.

0:21

Sandip and CHAP.

0:24

We have our agenda for the current meeting and the minutes from our meeting in September.

0:30

If all members have had a chance to review, are there any changes or motion on the agenda and minutes?

Speaker 2

0:38

I'll make a motion to approve the last meeting minutes.

Speaker 1

0:49

So Krishnan has made a motion to approve, and um Jean has seconded the uh

Unassigned speaker

1:00

the

Speaker 1

1:01

minutes.

1:02

All in favor of approving the agenda and minutes as presented, please say aye.

1:09

Anyone opposed um agenda and minutes are approved as presented for the public hearing portion tonight.

1:20

We have one case.

1:22

The staff will present the case.

1:24

After the staff presentation, the applicant will have 10 minutes to present their case.

1:31

Any opposition will have a total of 10 minutes.

1:35

If the applicant does not use their full 10 minutes, the remainder can be reserved for rebuttal.

1:44

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

1:53

All questions for staff, applicants, and oppositions will be held after the public hearing is closed.

2:02

Our case tonight is V 26015.

2:10

We will begin with the staff's presentation of the request.

Ruchi Agarwal · Speaker 3Inferred

2:15

Good evening, board members.

2:17

Um thank you.

2:18

And my name is Ruchi Agarwal, and I'll be presenting tonight's variance case, which is V-26-0015.

2:27

The subject property is located at 10390 Forest Bridge Drive.

2:33

And it is located in the Cameron Forest subdivision.

2:37

The parcel size is approximately 0.415 acres.

2:41

And the lot was platted by Fulton County in 1985 with a 30-foot drainage and sanitary sewer eastment along the rear property line.

2:51

There is a creek, uh a creek was not identified on the recorded plant.

3:14

So just to kind of reiterate.

3:54

Subsequently, the property owner submitted an as-built survey.

3:58

The applicant has since removed the partially constructed retaining wall, but proposes to maintain the stone steps in their current location.

Unassigned speaker

4:06

And

Speaker 1

4:06

these are the steps you're seeing there in the

Speaker 4

4:08

graphics.

Ruchi Agarwal · Speaker 3Inferred

4:32

Buffer and setback requirements.

4:34

First, an undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally on both banks as applicable of the stream as measured from the point of rested vegetation.

4:46

Second, an additional setback shall be maintained for 25 feet measured horizontally beyond the undisturbed natural vegetative buffer, in which all impervious covers shall be prohibited.

Unassigned speaker

5:00

Grading, filling, and earth moving shall be minimized within the setback.

Unassigned speaker

5:04

So

Ruchi Agarwal · Speaker 3Inferred

5:05

the variance request by the applicant is to encroach 50 linear feet into the fifth city's 75 foot stream buffer.

5:12

And this is to maintain the new stone steps in which is shown in blue.

5:17

It's very small graphic here.

5:19

And to bring the existing deck and portion of the home shown in green here into compliance with the stream buffer ordinance.

5:26

So let me explain this graphic right here in front of you.

5:29

As you can see, these are the buffer lines.

5:32

So this is the line beyond which everything is the state buffer.

5:37

So the steps that are shown in blue right here are very close to the buffer line, and then this box around the steps is the limits of disturbance, kind of to show how much area they'll need to build the steps.

5:50

So because this is an undisturbed buffer area, we kind of see the encroachment based on limits of disturbance.

5:57

That's why the linear encroachment is 50 feet from the beginning of the buffer to the end of the encroachment, which is the limits of disturbance.

6:05

So that's all 50 feet right there.

6:08

The proposed improvements would result in 128 square feet of new disturbance, 2,120 square feet of total impervious surface in the stream buffer, including the portion of the home, deck, driveway, and existing retaining wall.

6:24

15 square feet is the net increase in impervious surface within the stream buffer.

6:29

So 15 square feet is what the steps uh are going to be.

6:32

No land disturbance is proposed within the state's 25-foot stream buffer.

6:37

So no land disturbance is there or impervious beyond that red line 25 feet.

6:44

The applicant is proposing to offset the stormwater and environmental impacts associated with the requested stream buffer encroachment by having 144 square feet of planting area, which includes one small tree, two shrubs, and three ground cover, which are shown on the plan here.

Unassigned speaker

7:05

The

Ruchi Agarwal · Speaker 3Inferred

7:05

stream buffer variance review criteria.

Discussion Breakdown — Share of Meeting
Stream Buffer Variance█████████████████████████████████████████████76%
Procedural██████████████24%
Summary of Proceedings

Johns Creek Board of Zoning Appeals Meeting - October 20, 2026

The Johns Creek Board of Zoning Appeals met on Tuesday, October 20, 2026, at 7:00 p.m. in City Hall Council Chambers, 11360 Lakefield Drive, Johns Creek, Georgia. A quorum was present; Mr. Sandip and CHAP were absent. The board approved the September 15, 2026 minutes and acted on one variance case, V-26-0015, approving it unanimously with conditions.

Consent Calendar

  • The board approved the agenda and the September 15, 2026 meeting minutes as presented by unanimous voice vote. The motion to approve the minutes was made by board member Krishnan and seconded by board member Jean.

Public Comments & Testimony

  • Applicant Neil Smith, of 10390 Forest Bridge Drive, testified in support of the variance. He said the yard is sloped, he and his wife are in their 60s, and they have fallen on the slope while trying to reach the lower yard. He described the rear feature as a dry creek bed, noted the new buffer bisects the house, and stated the buffer consumes roughly 50% of the lot. He respectfully asked that the stone steps be approved.
  • No members of the public spoke in opposition.

Discussion Items

  • Staff planner Ruchi Agarwal presented Case V-26-0015. The subject property is approximately 0.415 acres in the Cameron Forest subdivision, zoned R-3 Conditional, and was platted by Fulton County in 1985 with a 30-foot drainage and sanitary sewer easement along the rear property line; the creek was not identified on the recorded plat. The applicant requested approval to maintain stone steps within the city's 75-foot stream buffer.
  • The proposed variance would allow a 50 linear foot encroachment into the stream buffer based on the limits of disturbance. Proposed improvements would result in 128 square feet of new disturbance, 2,120 square feet of total impervious surface in the stream buffer, and a 15 square foot net increase in impervious surface. No land disturbance is proposed within the state's 25-foot stream buffer.
  • The applicant proposed a mitigation area of 144 square feet of planting, including one small tree, two shrubs, and three groundcover plants.
  • Staff analysis stated that strict adherence to the buffer requirements would create an extreme hardship because 49% of the property now falls within the 75-foot stream buffer and an approximately 5-foot grade difference necessitates steps to access the lower yard. Staff recommended approval with conditions limiting the encroachment and requiring the submitted mitigation plan at the time of the minor land disturbance permit.
  • In response to board questions, Mr. Smith clarified that the retaining wall was existing and had not been removed, that the previous flagstone steps had been replaced with the new stone steps, and that the only new element in the buffer is the proposed steps.

Key Outcomes

  • Board member Green made a motion to approve V-26-0015, seconded by board member Jean. The board agreed to approve with the conditions presented by staff, including the additional vegetation mitigation.
  • The motion passed unanimously by voice vote, with no opposition.
  • V-26-0015 was approved with staff conditions: the development shall not exceed the 50 linear foot encroachment, 128 square feet of new disturbance, or 2,120 square feet of impervious surface, including the 15 square foot net impervious surface associated with the steps; and the applicant must implement the submitted mitigation plan when applying for the minor land disturbance permit.

Departmental Updates

  • Staff advised that the next Board of Zoning Appeals meeting will be November 17, 2026, with two variance cases scheduled. The chairman may return, and board member badges will be activated.

Adjournment

  • The board voted to adjourn after completing the agenda.

Meeting Transcript

Welcome to the City of Johns Creek Board of Zoning Appeals meeting for October 20th, 2026. The meeting will now come to order. Let the record show that we have a quorum. So absent today is Mr. Sandip and CHAP. We have our agenda for the current meeting and the minutes from our meeting in September. If all members have had a chance to review, are there any changes or motion on the agenda and minutes? I'll make a motion to approve the last meeting minutes. So Krishnan has made a motion to approve, and um Jean has seconded the uh the minutes. All in favor of approving the agenda and minutes as presented, please say aye. Anyone opposed um agenda and minutes are approved as presented for the public hearing portion tonight. We have one case. The staff will present the case. After the staff presentation, the applicant will have 10 minutes to present their case. Any opposition will have a total of 10 minutes. If the applicant does not use their full 10 minutes, the remainder can be reserved for rebuttal. Anyone that wishes to speak should step up to the podium and be sure to state your name and address for the record. All questions for staff, applicants, and oppositions will be held after the public hearing is closed. Our case tonight is V 26015. We will begin with the staff's presentation of the request. Good evening, board members. Um thank you. And my name is Ruchi Agarwal, and I'll be presenting tonight's variance case, which is V-26-0015. The subject property is located at 10390 Forest Bridge Drive. And it is located in the Cameron Forest subdivision. The parcel size is approximately 0.415 acres. And the lot was platted by Fulton County in 1985 with a 30-foot drainage and sanitary sewer eastment along the rear property line. There is a creek, uh a creek was not identified on the recorded plant. So just to kind of reiterate. Subsequently, the property owner submitted an as-built survey. The applicant has since removed the partially constructed retaining wall, but proposes to maintain the stone steps in their current location. And these are the steps you're seeing there in the graphics. Buffer and setback requirements. First, an undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally on both banks as applicable of the stream as measured from the point of rested vegetation. Second, an additional setback shall be maintained for 25 feet measured horizontally beyond the undisturbed natural vegetative buffer, in which all impervious covers shall be prohibited. Grading, filling, and earth moving shall be minimized within the setback. So the variance request by the applicant is to encroach 50 linear feet into the fifth city's 75 foot stream buffer. And this is to maintain the new stone steps in which is shown in blue. It's very small graphic here. And to bring the existing deck and portion of the home shown in green here into compliance with the stream buffer ordinance. So let me explain this graphic right here in front of you. As you can see, these are the buffer lines. So this is the line beyond which everything is the state buffer. So the steps that are shown in blue right here are very close to the buffer line, and then this box around the steps is the limits of disturbance, kind of to show how much area they'll need to build the steps. So because this is an undisturbed buffer area, we kind of see the encroachment based on limits of disturbance.

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