[0:11] And you do the roll call, please.

[0:12] Madam Clerk Thank you, Madam Chair.

[0:16] Good evening, Madam Chair.

[0:17] Vice chair and members of the Board of Appeals.

[0:20] Today is August the 5th 2026.

[0:23] Please confirm your attendance as I call your name.

[0:26] Madam Chair, Cherie Allen, Present Vice Chair Justice

[0:29] Sparano Present board member Jay Zimbardo

[0:32] Well, your board member, Jeff howe present board member.

[0:35] Nathan grantham here, Board member.

[0:37] Susan Major here, Member.

[0:39] Kim gay, your attendance have been confirmed.

[0:43] And will be included in the official meeting minutes.

[0:46] I will read the announcements regarding

[0:48] the decorum and procedures of the Board of Appeals.

[0:53] The Board of Appeals duty is to review and decide

[0:56] on appeals of the directors administrative decision

[0:59] on interpretation of the development code

[1:02] appeals regarding approval or denial

[1:05] of a preliminary or final plat without any dedication

[1:09] and variances from the standards of the development

[1:12] code The petition will be heard in the sequence listed on the

[1:16] posted agenda following are some of the rules and procedures

[1:20] for this part of the meeting.

[1:22] The applicant and all those speaking

[1:24] in support of the application will

[1:26] be allowed a total of ten minutes to present the petition.

[1:29] The applicant may choose to say some of the time

[1:32] for rebuttal following the presentation by the Opposition.

[1:36] The opposing will be allowed a total of ten minutes to present.

[1:39] Is positioned since the burden of proof is upon the applicant.

[1:45] The applicant will be allowed to make

[1:47] closing remarks provided time remain

[1:50] from the original audit time.

[1:52] Staff will keep track of the time for both sides

[1:55] Those called to speak will be taken in the order

[1:58] that the public comment cards were received

[2:00] by the planning and zoning clerk prior to the beginning

[2:03] of tonight's meeting.

[2:05] All speakers will identify themselves by name address.

[2:09] And if applicable, organization before beginning

[2:12] their presentation.

[2:13] Demonstrate motion of any sort within the chamber

[2:15] is prohibited, so please refrain from any applause.

[2:19] Cheering booing, outburst or dialogue

[2:22] when the person is speaking Please show the same respect

[2:25] to the person speaking that you were willing

[2:27] expect to receive the applicant shall

[2:30] not submit materials to the Board of Appeals

[2:33] during the meeting.

[2:34] All materials should be submitted to the community

[2:37] development Department at least 21 days prior

[2:40] to the scheduled meeting for inclusion

[2:42] in the normal distribution of packaging to the board

[2:46] Thank you, Chair.

[2:48] Thank you.

[2:49] Before we take a motion for approval of the agenda,

[2:53] I'm been told that the agenda has been amended with regard

[2:56] to the cases Yes.

[2:58] Correct.

[2:58] Yes, ma'am And what case has been removed ?

[3:04] The case is going to be moved to the September Board of Appeals,

[3:08] meaning is to be 21 for a dash for 140 805 Jet Road.

[3:15] This is a request for a variance from section 7.8.2 for to allow

[3:20] resident to assist restructure in the 60 foot primary setback

[3:25] This is on administrative hold and moved to the September

[3:28] board of Appeals meeting.

[3:32] And is the 46B 26 Nine moving forward as well ?

[3:39] That's going to be.

[3:40] Well, hold on.

[3:40] I'll go to speak with you.

[3:43] Is that the Mount Perrin Road?

[3:44] Yes.

[3:45] So i just had a conversation with the applicant

[3:50] about an hour ago, and they had additional information

[3:54] that I believe was pertinent to their application.

[3:59] So they wanted to present it at the meeting tonight, which

[4:03] I told them was not appropriate So we agreed that we would put

[4:08] it on administrative hold so that staff can have the time

[4:11] to review the material and perhaps

[4:14] as a result of that review, amend their staff report.

[4:19] Thank you.

[4:19] OK.

[4:20] So number, case number A has been removed from our agenda

[4:26] in case number C, so can i get a motion

[4:29] to approve the amended agenda for tonight

[4:31] and make a motion to approve the amended agenda for this evening?

[4:34] Is there a second?

[4:35] Second.

[4:36] All those in favor say aye.

[4:37] Aye.

[4:38] I chair votes.

[4:39] I It's unanimous Approval of the meeting minutes.

[4:42] Are there any changes to the approval?

[4:44] The meeting minutes from June 3rd, 2026.

[4:48] Hearing none.

[4:49] Can I get a motion for approval of the June 3, 2026, Board

[4:52] of appeals Meeting Minutes.

[4:53] Motion Is there a Second Circuit?

[4:58] All those in favor say I. I chair both sides.

[5:01] Unanimous Excuse me.

[5:02] Chair, can we confirmed who seconded jason Bond Mr. Bond.

[5:08] Thank you.

[5:08] Yes, we had a couple of hands.

[5:11] Go up OK.

[5:14] All right That it's unanimously been approved.

[5:17] OK.

[5:17] So can we get the presentation of the first case clerk ?

[5:23] Madam Clerk Thank you, Madam Chair.

[5:26] So we're going to go move on to section B of the agenda which is

[5:33] going to be 2026-0010AV-26-33 5520 Elden Drive a request

[5:46] for a stream buffer variance from the Vision 9.2 to allow

[5:51] for a porch in the 75 foot impervious surface setback

[5:56] and a deck in the 50 foot undisturbed vegetative

[5:59] buffer presented by liquid a Williams Thank you,

[6:04] Sam Good evening.

[6:07] Board of Appeals members and members of the public.

[6:10] Welcome to the August 5th 2026 Board of Appeals

[6:14] Public Hearing the case.

[6:16] We have before you is V26 33 520.

[6:21] I didn't drive That's recommendation

[6:24] is approval with conditions the applicants

[6:30] are requesting a variance from division 9.2

[6:34] to allow for a deck.

[6:35] Port Muhammadu tions into the 75 foot impervious surface setback

[6:41] and the 50 foot undisturbed vegetative buffer The character

[6:47] area of the holiday parcel is protect the neighborhood

[6:51] and the zoning is are the for 18,000 square foot minimum lot

[6:57] size here on the area image, you can see the standard save light

[7:05] on didn't drive here is the survey showing the creek

[7:13] in the rear and the single family home right the 0.56 acre

[7:25] property is already 18 and is located within the Cardinal

[7:30] Estates and High Point civic neighborhood According to Fulton

[7:34] County records, the home was built in 1985,

[7:38] and the current homeowner acquired the property in 2013.

[7:42] The existing Two story residence includes an attached two car

[7:46] garage and an elevated dick The scream traverses the property

[7:52] from west to east place in the majority of the parcel including

[7:56] the existing residence within the required stream

[7:59] buffers Additionally the property lies within the Nancy

[8:04] Creek declared sensitive area and is

[8:07] limited by a steep topography.

[8:10] The site slopes downward from in drive toward the residence

[8:15] and continues descending to the creek

[8:18] and then rises again south of the creek

[8:30] Here are some images of the existing conditions

[8:34] of the property To the left is the further home with the porch

[8:38] and stairs in the middle are images of the creek

[8:42] in the rear wood deck.

[8:45] To the right is another image of the porch and stairs.

[8:48] Look east from the driveway This image shows the parcel outlined

[8:58] in black with a creek and buffers in blue,

[9:03] the entire image is in red, indicating

[9:06] that it is within the Nancy Creek declared sensitive area

[9:14] and the front of the home.

[9:16] The proposal includes an approximately 146 square foot

[9:21] front addition and a 54 square foot front porch Partially,

[9:27] partially utilizing the existing homes footprint approximately

[9:33] 38ft² of the proposed improvements will be located

[9:37] within the same five foot impervious

[9:39] surface setback towards the rear of the home

[9:43] near the 50 foot buffer.

[9:45] The applicants are proposing to demolish the existing 449

[9:49] square foot road deck and a 280 square foot porches

[9:55] steps The proposal includes constructing

[9:58] a larger rear deck and a 610 square foot rear addition

[10:03] to the home.

[10:04] Together, these improvements would increase

[10:07] the existing coachmen in the buffer by approximately

[10:10] 180ft² per section.

[10:15] 9.2.38 of the developing a code land development requirements.

[10:21] All land development activity subject to this dividend must

[10:24] meet the following requirements and understood A natural

[10:29] legislative buffer is to maintain for 50ft measure

[10:32] a horizontal sleeve on all banks of the state waters as measured

[10:36] from the points of vegetation section 9.2.3.8.1 all and part

[10:47] of the surfaces are prohibited from an additional

[10:49] setback of 25ft Next slide.

[10:55] Thank you.

[10:56] Here is the proposed development The blue represents the proposed

[11:01] deck and the green represents the proposed home additions

[11:09] to the top left is a snippet of the rear elevations

[11:13] of next level.

[11:14] Sorry.

[11:15] Thank you.

[11:16] So the top left is a snippet of the rear elevation

[11:19] and to the bottom right of the slide is the front elevation

[11:29] stable is that the property is uniquely limited by My creek,

[11:34] requiring which is our which requires screen buffers,

[11:38] has a significant topography and is located in the sensitive area

[11:44] These conditions limited to a reasonable opportunities

[11:47] for expansion on the property,

[11:50] establishes approval of the requested variance

[11:53] remains protective of the surrounding natural resources

[11:56] because the proposal minimizes additional disturbance

[12:00] within the regulated stream Buffers maintains the existing

[12:03] screened corridor and concentrates improvements

[12:06] adjacent to the existing residence Staff

[12:13] recommends approval with conditions of two 633

[12:17] to allow a new deck porch and home addition to encroach

[12:21] into this 35 foot setback and a 50 foot screen

[12:25] buffer with the following condition

[12:28] that the construction can be substantially

[12:30] similar to the provided site plan Thank you.

[12:34] Thank you Is is there anyone here to speak

[12:37] on behalf of the applicant?

[12:38] Sir would you approach the podium?

[12:39] State your name and address for the record Good evening.

[12:44] I'm Peter McMaster Jr with three homes.

[12:45] I'm the builder and my address is 760 old.

[12:48] I've road northeast Atlanta, Georgia 30342.

[12:52] Thank you Would you make your presentation, please?

[12:55] I have to commend loquitur.

[12:56] I she nailed it.

[12:58] She did.

[12:59] I just did a variance in the city of Atlanta

[13:00] and very different experience.

[13:02] She did a very good job summarizing the entire project

[13:06] so I don't have much to add.

[13:07] I think it's she really well captured it.

[13:10] Essentially, it's just a bump out on the back of the house,

[13:12] replacing a deck where it currently

[13:14] is an expanse The key point of this

[13:17] is that this structure that we're

[13:19] building off of the back of the house is elevated on stilts.

[13:23] So just like you saw in those images

[13:25] that she showed you, the deck is on stilts

[13:27] because the whole house, you know, the lot is like this.

[13:30] The whole new addition will all continue to be on stilts

[13:33] So none of this is actually going to even touch the ground.

[13:36] The only thing that touches the ground

[13:38] are the footers of the stilts and actually quantity of stilts

[13:41] is going to reduce from what's existing

[13:43] right now with the deck to the proposed

[13:45] is actually getting smaller.

[13:47] I think we go from 9 to 7, because our spans

[13:50] are longer in the engineering.

[13:51] So our actual footprint on the ground in the buffer area

[13:55] goes down, not up.

[13:57] So everything remains basically untouched where it is.

[14:01] There's no actual structure or going down to the ground

[14:04] beyond the posts.

[14:05] I think that's a key element that it's

[14:07] very difficult to capture in some of these documents.

[14:10] But otherwise she did a great job putting

[14:11] that presentation together.

[14:12] So I commend we're well done So you have nothing further.

[14:18] Now.

[14:18] OK You can be seated.

[14:20] Thank you.

[14:21] Is there anyone here to speak on behalf

[14:23] of the applicant Anyone, Anyone to speak in opposition in?

[14:31] All right Do you have anything further?

[14:33] You have time for rebuttal but you don't have any really

[14:35] anything to rebut OK.

[14:38] So we'll close the public discussion now and turn

[14:41] to the board for discussion Any questions or comments for

[14:47] either staff or the applicant?

[14:51] I have a question for Mr. McMaster.

[14:53] Come back to the podium, please And there

[14:57] are for the arborist Notice that the decks can extend

[15:00] beyond the existing footprint but it sounds

[15:03] like even though it's extending, it's

[15:05] not going to be taking out any existing

[15:07] trees or bushes or anything.

[15:09] Is that correct?

[15:10] Correct.

[15:10] No trees are being touched at all.

[15:12] We had an initial design.

[15:13] And we had developers meeting with the team at the city

[15:17] and we had an initial plan that did destroy a couple of trees

[15:20] for the stormwater retention.

[15:21] But at their advice, we revised it with our civil engineer.

[15:24] So no trees are destroyed.

[15:26] We're going to put some flow wells in the ground in an area

[15:28] that won't disturb the trees.

[15:30] So literally no trees are being destroyed.

[15:33] Thank you.

[15:33] You're Welcome Can anyone else ?

[15:39] Nothing further.

[15:40] You may be seated Thank you, Ms. Mr. Bardwell.

[15:44] Sam, I'm just curious.

[15:45] Can you put the slide up with the green and blue.

[15:48] I just got of to see that again.

[15:50] The green and blue squares If i don't question,

[16:02] is wanting to see this again.

[16:03] Okay.

[16:04] Any other questions?

[16:05] If not, can i get a motion?

[16:09] I make a motion to approve of the conditions of variance.

[16:11] V 2633 for the request, relief and vision 9.2

[16:16] to allow a new deck porch home additions

[16:18] encroach into the 75 foot impervious surface

[16:21] setback and 50 foot undisturbed stream

[16:25] with the following condition.

[16:26] That is of what the construction would

[16:28] be similar to what is designed to the proposed site plan.

[16:32] Is there a second?

[16:33] A second.

[16:34] I think i think it's the first, second.

[16:37] All those in favor say I. I i, i chair votes.

[16:41] I it's unanimous And that concludes

[16:45] the discussion for that particular case

[16:48] Thank you Madam clerk.

[16:52] Could you call the next case, please?

[16:54] Thank you.

[16:55] You, Madam Chair.

[16:57] To thousand and 26.

[16:58] Dash 0012V-2- fourth 3116.

[17:05] I heard them in road our request for variance from section 7.8.

[17:11] 24 and Section 2.3.1 to allow for a split court to encroach

[17:19] into this fit backs and to exceed

[17:22] the maximum light coverage presented

[17:24] by Liquido Williams Thank you.

[17:27] South 150 Are you ready to proceed?

[17:48] Ms. Williams Yes.

[17:48] OK Thank you.

[17:50] All right.

[17:51] So the next case, we have is case V26 43 at 116 Hartman

[17:58] Road That's recommendation is denial of the applicants

[18:03] are requesting a variance from section 7.8.

[18:07] 24 and sections 2.3.1 to allow for a sport court to encroach

[18:14] into the side and rear setbacks and to exceed the maximum not

[18:19] coverage The character area of the highlighted parcel is

[18:27] the neighborhood and the zoning is already 18 for 18,000 square

[18:32] foot minimum lot size here on the aerial image you can see

[18:39] the standard shape lot with the primary residence along with

[18:43] the pool and the rear and the sports court in the northwest

[18:47] corner here is the asphalt where you can see the home driveway

[18:55] pool and sports court The subject property is on RDA 18

[19:04] and is a little less than half an acre

[19:07] The property is developed with a two story home in

[19:11] attached to one car garage swimming

[19:13] pool and a sports court based on Fulton county's records.

[19:18] The property was platted in 1946,

[19:21] and the present homeowners acquired the property in 2016.

[19:26] The UNpermitted sports Court was built in 2025,

[19:29] along with the unpermitted light and light pole

[19:34] Although the property does not have any screen buffers or flood

[19:37] zones, it is located within the Nancy

[19:40] Creek, declared sensitive area,

[19:42] which will require twice as much mitigation for stormwater

[19:46] management Slide to the left is an image of the property

[20:02] before the sports court and to the right

[20:05] is an image After this part court was installed To the left

[20:13] is a picture of the front of the home

[20:16] and to the right is a picture of the sports

[20:18] court with the light pole netting and privacy fit

[20:25] These pictures visually demonstrate

[20:28] the distance between the sports court

[20:30] and the North in width property lines.

[20:33] There are approximately is 4 feet The applicant is proposing

[20:42] to maintain unpermitted sports court that encroaches closer

[20:46] to the north end and Wellston property lines than what is

[20:50] permitted The development code The sport court is 4 feet from

[20:55] the west and north property lines and the development code

[20:58] states their minor residential accessory structures must be

[21:02] at least the minimum setback or ten feet for the property lines,

[21:06] whichever is less restrictive The sport court is 766ft²

[21:15] and there were also caused the property to exceed the maximum

[21:18] lot coverage of 35%.

[21:21] And 2019, the homeowners received approval

[21:24] for a pool that allowed the lot coverage to increase

[21:28] to 40% due to additional stormwater mitigation

[21:32] measures With the proposed sport court,

[21:35] the total lot coverage increased to 44.3% per section, 7.8.

[21:43] 24 of the development code Minor residential accessory structures

[21:48] must be a minimum of ten feet or the required setback from

[21:52] the property line section 2.3.1 of the development code are lot

[21:59] parameters like coverage for residential use is 35% x five

[22:12] Here is an illustrative image showing the sport court and read

[22:17] and the buildable space and green for a minor residential

[22:20] accessory structure Staff consider the approval criteria

[22:29] for variance and found that allowing the sport quite

[22:32] to remain in its current location

[22:34] would directly conflict with the intent of the development code.

[22:39] The sport court is located within

[22:41] to require a setback It also exceeds both the maximum

[22:45] impervious coverage, along with the additional 5%

[22:49] there may be allowed with mitigation south signs

[22:52] that the inability to keep the permitted sport

[22:55] court at its current size and location

[22:57] is a mere inconvenience rather than an extraordinary hardship

[23:04] Next slide, please Staff recommends denial of two six

[23:14] DoorDash 43.

[23:15] I request to allow a sport court to encroach

[23:19] into the site and rear setbacks and to exceed

[23:21] the maximum coverage if the board chooses to approve staff

[23:26] recommends the following condition One that the evergreen

[23:30] screening tree or wax myrtle like shrubs

[23:33] be install and maintain along the full length of the sports

[23:37] court adjacent to the Western property line

[23:40] to provide your round visual screening

[23:43] and further buffer adjacent properties to stormwater plan

[23:49] must be approved by the city engineer and Three

[23:52] remove the light and light pole I also wanted to add

[23:58] the applicant did submit Four letters of support

[24:01] for the sport court and one letter.

[24:04] Just came in.

[24:06] But just now in opposition that we have not in this lawsuit.

[24:14] And when you say just now, just by email Yes.

[24:18] OK Is there anyone to speak on behalf of the applicant Please

[24:29] approach the podium State your name address,

[24:33] and if you're not the property, the residential owner

[24:37] then your association Please.

[24:40] Yes.

[24:41] Good evening, Madam chair.

[24:43] Members of the board.

[24:43] My name's Alex brock with Smith.

[24:44] Campbell.

[24:45] Russell.

[24:46] Office Address 1105 West Peachtree Street.

[24:48] I am the land use attorney here on behalf of the property owners

[24:53] Ashe and Reef along with joining me tonight,

[24:57] I have asked our boy the property owner of 116 Hardman

[25:03] in to give a little bit of color on why we are here tonight

[25:06] to request the variances I'd like to give a background

[25:09] a little bit of a history of how we came here tonight

[25:13] The alley for the LBJ sign has an endocrine condition which

[25:17] their doctors recommended.

[25:18] In addition to their medical treatments

[25:21] to have daily exercise to stimulate pituitary function.

[25:25] So that alley poised last year, they decided to install a sports

[25:31] court basketball court, which would

[25:33] allow cardiovascular exercise in a limited area

[25:36] on their property.

[25:37] They reached out to a contractor to install that sports court

[25:42] The contractor on fortunately gave them incorrect information

[25:47] that a permit was not needed for a basketball court The sports

[25:51] court was installed without a permit

[25:53] unbeknownst to the homeowners Fast forward to September,

[25:59] and this was of late July August last year

[26:03] So the sports court has been used

[26:05] and functioning for about a year now Fast forward

[26:09] to September, October of 2025.

[26:12] The adjacent neighbor at 106, Hardman had filed a complaint

[26:16] with the City of Sandy Springs about Storm

[26:19] water runoff, which was unrelated to the sports court.

[26:22] This was an existing issue.

[26:24] There's a swale in between 116 hardman and one of six Hardman

[26:29] That over the years has worn down

[26:32] and storm water flow from the house, from the gutters

[26:35] has flowed into his front yard At that time,

[26:41] Sandy Springs code enforcement informed the homeowners

[26:45] that the sports court was installed without a permit

[26:48] and they would have to go back to get a permit.

[26:50] So Miss our boy had submitted the permit in late October

[26:55] November of last year and has been working with staffs

[26:58] since that time to get a permit for the sports court

[27:01] in march April of this year staff

[27:05] had informed the homeowners that they would also need

[27:08] a variance for the setback due to the location of the sports

[27:11] court at that time, they engaged me as a land use attorney

[27:17] to help them with the variance process

[27:18] as it's one of the first steps that I took when I took

[27:24] on this matter was to reach out to the adjacent homeowner that

[27:28] is closest to the sports court at one of six,

[27:29] Hardiman we met with him,

[27:32] and if You I don't know if you can bring back up the site

[27:35] plan with the read text on it but those were yes then

[27:42] those were mitigation efforts that he had to request

[27:44] And when you can see the rebuilding of the swale,

[27:48] again, that's not directing flows from the sports court,

[27:51] but is existing condition that we are willing to correct.

[27:57] He also requested planting along the sports court, which we are

[28:01] agreeable with, which staff is also recommended condition for

[28:05] and the installation of netting along the sports court, which we

[28:08] are in agreement with as well.

[28:10] And this is reflected on the site plan that was submitted

[28:13] with the application there are some hardships associated

[28:18] with the sports court.

[28:20] He cannot be relocated on the property

[28:22] due to the limited space the property is owned or 18.

[28:27] However, it is not an 80,000 square foot lot.

[28:29] It is slightly smaller.

[28:31] It's closer to 17,500.

[28:34] With that, there is some difficulty trying

[28:37] to relocate on property as well as mature tree

[28:40] cover and the backyard.

[28:42] So we cannot move the sports court further

[28:45] to the east to get it out.

[28:47] Other side yard.

[28:48] Setback In addition, removing the sports court would be

[28:53] would result in significant disturbance.

[28:55] We would have to remove parts of the fence

[28:57] to get the chunks of concrete out

[29:00] There is a foundation wall for the sports core.

[29:03] There's topography issues back there

[29:07] And I would just like to note a reiterate again

[29:09] that this has been in use for over a year now

[29:13] without complaint from the neighbors

[29:18] The leave the boy son has had consistent use of the sports

[29:23] court.

[29:24] Again without any complaint from the neighbors,

[29:27] from noise or impacts.

[29:30] We do have letters of support, which we have submitted to staff

[29:33] and which staff has indicate they have provided

[29:36] to you tonight We are also in addition to the mitigation

[29:41] measures that we are proposing on this site plan,

[29:44] we are in agreement with staff's recommended mitigation measures

[29:47] The Alley Boys are all boys have agreed to remove the light court

[29:52] or the light pole at the sports court,

[29:54] install additional stormwater pumps as directed by staff

[29:58] and install evergreen screening, which is also shown on our site

[30:01] plan In addition, we received the staff

[30:05] report this past Monday when we read those conditions,

[30:08] we submit it to additional conditions to staff to further

[30:12] mitigate the impacts One is to offset the impervious

[30:18] coverage in light kind to the sports

[30:22] court is approximately 750ft².

[30:26] We would offset that elsewhere on the property with pervious

[30:30] pavers likely removing concrete from the front driveway, which

[30:35] is easier to demo and remove from the property

[30:39] and replace those with pervious pavers.

[30:41] If the second condition is to commit to installing

[30:45] the mitigation measures agreed to with the neighbor that are

[30:49] shown on the site plan With these mitigation measures,

[30:53] the applicant has gained the support of the surrounding

[30:55] neighbors as shown in the letters of support

[30:59] that are submitted with this application

[31:05] And again, just reiterate additional time this has been

[31:09] in use for over a year One of the most determined

[31:13] of the factors of whether or not a variance

[31:14] has impact on the community is how

[31:17] it will affect the neighbors,

[31:19] the surrounding community Here we have a unique situation where

[31:23] the sports court has been in active use

[31:25] for over a year without complaint from the neighbors

[31:30] There have been no complaints of noise,

[31:33] light pollution or other factors from these surrounding

[31:37] neighbors.

[31:38] So we respectfully request that you support this variance

[31:41] and approve this variance.

[31:43] Alternatively if there are questions or if there's other

[31:46] mitigating factors that we can include in our plan,

[31:49] we are more than willing to work with staff to include those

[31:53] and we would accept a deferral.

[31:55] So we could come back with those included in our application

[31:58] and site plan But again, we feel that we have worked diligently

[32:04] with the community and with staff

[32:06] to allow the Sports Court to remain So with that,

[32:09] I will reserve any remaining time for rebuttal.

[32:13] All right.

[32:13] Thank you.

[32:14] Thank you And is there anyone else to speak on behalf

[32:17] of the applicant You said there was a letter that

[32:21] came in opposition Madam Clerk, do

[32:22] you have access to that letter Yes, I do, Madam

[32:25] Chair I have Elizabeth Pake.

[32:27] She's here.

[32:28] Oh, okay Yes, she's here.

[32:30] So there is someone here in opposition?

[32:31] Yes.

[32:32] Okay Could you.

[32:33] Did you sign in already?

[32:34] Yes, ma'am.

[32:35] OK.

[32:36] Please approach the podium and provide

[32:40] your opposition Thank you.

[32:42] Thank you State your state your name and address, please.

[32:45] My name is Elizabeth.

[32:46] Fight.

[32:47] I tee.

[32:48] I live at 5260.

[32:49] Sherman Devi Sandy springs 30342.

[32:53] And I am also the president of the Coasters condominium

[32:55] association, which is the downhill neighbor

[32:58] of this property and who has not been

[33:01] contacted at all about this variance So again, good evening.

[33:06] I'm the president of the Cloisters Condominium

[33:08] Association and I represent roughly Hundreds units whose

[33:11] homes sit downhill of this property I would note

[33:15] that while various individual community members received

[33:18] notice of this application, to my knowledge, the Cloisters

[33:21] condominium association itself has not received

[33:24] any notification and I personally did not receive

[33:27] any notification And despite living close enough that I can

[33:30] actually hear the family play in their backyard

[33:35] our community has experienced stormwater runoff issues in

[33:38] the past based on construction.

[33:40] A long hartman Road, which is why this application

[33:43] is of particular concern to us.

[33:45] I respectfully ask that the board deny these variance

[33:48] requests and I note that city staff has already

[33:50] recommended denial of them.

[33:52] I won't reach over that But this is not simply weather

[33:57] Sports court is a nice amenity.

[33:59] It's about whether the applicants

[34:01] have met the legal standards for a variance

[34:03] and staff found that they have not, as downhill neighbors.

[34:06] Our greatest concern is storm water Gravity is unavoidable

[34:10] in any increase in impervious surface on uphill property

[34:13] affects everyone below it.

[34:15] And I do note that he just said that they would be willing to do

[34:18] a like kind pervious or impervious,

[34:20] but putting pervious materials on the front of the property

[34:25] won't do anything to offset the concerns

[34:27] that we have on the backside.

[34:28] The topography there is very, very, very steep.

[34:32] It is very steep The fence runs along the ridge line.

[34:35] And then it is a straight drop off

[34:38] and it goes directly into all of our backyards

[34:41] in our townhome and condo association with that applicant.

[34:45] Seek to raise the lot coverage from the permitted

[34:47] 35% they'd already raised it to 40, announced 44.3%.

[34:52] This the staff confirm that exceeds the general intent

[34:55] of the development code As you can see from the images, they

[34:59] also the applicants propose a swale and pervious pavers.

[35:04] But pervious pavers again on the front of the property

[35:06] won't do anything to help me on the backside of their property.

[35:09] And I don't even know if there's room for a swale in other areas.

[35:12] I am concerned about the setback variance.

[35:15] The sports court willing was intentionally

[35:17] built within the required setbacks

[35:18] before permits weren't obtained.

[35:20] I'm sympathetic to the fact that they

[35:22] got a contractor that gave them bad advice,

[35:24] but we still are where we are.

[35:25] And I'm also sympathetic to the reason why they have it.

[35:28] But as a homeowner and as a row of town homes and condos

[35:33] who've had to replace their flooring before because

[35:36] of the construction and hard them in court we have to stand

[35:39] and we have to say this to all the applicants.

[35:42] Blame the lots size slope and mature trees

[35:45] But again, staff disagreed with, again,

[35:49] I'm just skipping over because the staff did appropriately

[35:53] share everything a hardship a hardship should arise

[35:57] from the land itself, not from the decision to build first

[36:00] and then seek approval later.

[36:02] And it is concerning to me that no one in our neighborhood

[36:05] was actively contacted and discussed.

[36:07] So while I'm appreciative that the Eastern and Western side

[36:10] neighbors perhaps might be supportive and have worked

[36:12] out their issues it completely ignores the fact

[36:15] that they're adjacent to a massive property

[36:18] and we have all sorts of concerns

[36:20] that we have to deal with too.

[36:22] And so being a part of monitoring

[36:24] what a neighbor does on Hardiman is difficult for us to do.

[36:29] Finally, the board should consider precedent.

[36:31] If owners can build without permits

[36:32] and later obtain variance is because removals inconvenient,

[36:35] it weakens the city's regulations and disadvantages

[36:37] compliant property owners as downhill neighbors We live

[36:40] with the long term consequences of drainage problems develop

[36:44] and the proposed mitigation has not

[36:45] been shown to eliminate that risk For these reasons,

[36:49] we respectfully ask for the board

[36:50] to deny both variance requests.

[36:53] If the board grants some relief, despite Staff's recommending

[36:56] And I also ask that again for this approval

[37:00] on the engineering report.

[37:01] That is our main concern.

[37:04] And that there's going to be no increase in stormwater runoff

[37:06] together with enforceable conditions

[37:08] requiring the screening, etc.

[37:11] And then lastly, I I can admit I don't fully

[37:16] know what is within the purview of what you can do,

[37:18] but we would ask that if this board does allow this to move

[37:21] forward, that there are some either deadlines or more

[37:25] communication or information We shouldn't have to be monitoring

[37:27] what they do and whether or not, if they're ordered to remove

[37:30] the sports court that they do it or if their auditors they say

[37:32] they're going to do more pervious pavers,

[37:35] that they do it we would ask for more invermay action.

[37:39] And we will be monitoring the situation.

[37:42] I can assure both city staff and the homeowners,

[37:46] they are that my entire community

[37:48] is very interested in what goes on here.

[37:50] Thank you so much for your time Thank you.

[37:53] You may be seated Is there.

[37:56] Do you want to rebut anything that was said Yes,

[38:03] just a few points.

[38:05] One, we did send out notices to the residents at the Cloisters

[38:10] and we received several phone calls from residents

[38:12] at the Cloisters They were mostly concerned with where

[38:15] the property was located.

[38:17] This is the first time tonight that I

[38:18] was aware of the Cloisters concerns

[38:21] and we would gladly accept a deferral of this application.

[38:23] So we can work with them, particularly

[38:26] on the stormwater issues.

[38:27] There are certain solutions that we can install,

[38:29] including dry wells or bio swales

[38:31] that would help mitigate the runoff from the Sports Court.

[38:34] Again, the sports courts, only 750ft²,

[38:37] but we would be more than willing to work with them

[38:40] And as staff to come up with an engineering solution to assuage

[38:45] their concerns about any runoff impacts Again I'm willing

[38:50] to, after this meeting, get the contact information

[38:53] for the Cloisters HOA and willing

[38:57] to meet with them With that, I would

[38:59] like to request a deferral.

[39:01] OK For 60 days or 30 days.

[39:05] I think 60 days since there are some design considerations I

[39:08] would allow us time to meet with the adjacent HOA

[39:13] and then come up with those solutions

[39:15] to be able to come back here with a better

[39:18] design plan that addresses their concerns Thank you

[39:22] And that's it.

[39:23] You have one minute and 16 seconds for rebuttal.

[39:26] I think I'm okay.

[39:27] All right.

[39:28] I would like to ask our You can have a seat, sir.

[39:31] Our board attorney if the applicant is

[39:36] requesting a deferral is that appropriate

[39:39] And could 60 days be possible?

[39:41] So I'd like you to speak to that.

[39:42] Yeah, of course.

[39:43] I mean, if a motion made to defer, then that at the board's

[39:49] pleasure and it can be.

[39:50] You're not bound by certain time limit similar to the Planning

[39:55] Commission which has a limited amount of time

[39:57] to recommend the City Council.

[39:59] So you may defer if, if you so choose All right.

[40:04] Thank you.

[40:04] That's what I want to know.

[40:05] Do we have a time constraint to.

[40:07] All right.

[40:07] Thank you.

[40:08] So I'll close the public portion and now

[40:11] have discussion with the board Mr. Bardwell,

[40:18] I got a question for liquid and a question for the applicant.

[40:21] For liquid.

[40:21] Appreciate it.

[40:23] I think you said it.

[40:24] I might have misunderstood There was a request for a variance

[40:28] a while ago to go from 35% impervious to 40% impervious.

[40:33] So it was not a variance per the development code.

[40:37] You can increase by 5%.

[40:40] If you do extra mitigation So when I built the pool,

[40:45] they got 5% more.

[40:47] So they had a maximum of 40%.

[40:49] OK.

[40:49] But there was a variance for the pool.

[40:52] Is they were given a variance ?

[40:54] Yes, There was some process there.

[40:56] Right now, though, I think there was a miscommunication.

[40:59] There was never a variance They just had the extra 5%,

[41:03] the pool was with mitigation.

[41:05] The pool could be there.

[41:06] And so it was just during a primary phase.

[41:08] OK.

[41:08] Because that was also in their application as well stated that.

[41:11] So it was that communicated to the contractor

[41:14] or was a community to the homeowner

[41:16] that they now had up to 40%.

[41:20] I will assume the contractor whoever was in the primary phase

[41:24] whoever was representing them.

[41:26] Okay.

[41:26] And your other question, Mr. My Second question to the applicant

[41:29] and Sam, can you put up the recommendations, slide so if I

[41:33] understand, if we were to approve this there's

[41:35] three recommendations from staff Um,

[41:39] screw meaning a storm water plan and removal of the light pole.

[41:45] The thought I heard you say there are two additions

[41:47] or things I captured One of them,

[41:50] which was an additional 750ft² of impervious surface

[41:54] on the driveway in the front.

[41:55] I thought you said there was a second.

[41:56] I didn't capture That is correct.

[41:58] And these were sent we received these conditions

[42:01] in the staff report on Monday.

[42:02] And once we received those, we sent back

[42:04] two additional conditions to staff earlier today this morning

[42:08] i can read that I have copies if you'd like to read them,

[42:11] or I can read them into the record.

[42:14] Just read them into the record.

[42:15] So the applicant's proposed condition number four states

[42:19] the applicant shall replace approximately 765ft² of existing

[42:23] impervious area on the subject property with pervious pavers

[42:27] and equivalent amount to the area of the sports court

[42:31] to offset the sports courts.

[42:32] Lot coverage impact number Five The applicant

[42:37] shall install mitigation improvements

[42:39] as shown in red text on the site plan

[42:41] titled our Boy Site Plan dashboard Support

[42:44] PDF, which was the site plan.

[42:46] I was up earlier prepared by a solar land surveying company

[42:50] and signed by John W Stancil as Jr and received on June Seventh.

[42:55] 20 are June 17 2026 and 7.

[42:58] You put that up.

[43:00] So what is that Fifth thing No, not that one.

[43:06] The one with the red text with the era.

[43:08] That one.

[43:09] Yes.

[43:09] That was the site plan that was submitted with the application

[43:12] OK.

[43:12] I can't read that I can't read that.

[43:15] Read.

[43:16] Right.

[43:16] So I cannot either.

[43:18] But I can tell you what it is Yeah Oh, there you go.

[43:24] That we are proposing.

[43:25] Evergreen landscape shaping along the property line

[43:29] and next to the adjacent sports court

[43:31] installing netting along the sports court and then

[43:34] also improve moving this.

[43:36] Well, if you can pan down a little bit.

[43:38] There you go To rebuild the swale, that

[43:40] was a concern of the neighbors.

[43:42] Okay And sir, while you're there,

[43:46] you did request a deferral That's correct.

[43:48] OK.

[43:49] All right.

[43:49] Thank you.

[43:50] You.

[43:50] And I have a question on this slide.

[43:53] It says Putting up the trees to mass of light.

[43:56] So are you not agreeing that you would remove the light?

[43:59] I will agree to remove the light.

[44:01] Again, this was received on Monday

[44:04] The staff's condition to remove the light This plan

[44:06] was submitted on June 17th.

[44:08] OK.

[44:08] So at that time, we weren't aware of staff's condition.

[44:11] OK.

[44:12] Thank you.

[44:13] You.

[44:13] Which side of the property is the condo association?

[44:17] They are to the top of the plan on this one there to the north

[44:24] If you can scroll We had a question

[44:26] was staff you have a big A map.

[44:28] So we can see how far is that the location of where

[44:33] they are in line with the home.

[44:36] Okay We can get a map up OK.

[44:41] And how many are in support in opposition We have some just

[44:49] that would know that you know, I believe

[44:53] there were four right in in favor and one in opposition.

[44:57] But the one represented the hOA, HOA or.

[45:01] Thank you.

[45:02] OK And so I don't.

[45:09] Does anyone have any other questions for.

[45:11] Oh, so you don't have to remain standing?

[45:13] OK.

[45:14] Thank you.

[45:14] You.

[45:15] I was up here for questions.

[45:16] OK We might call you back that you don't have

[45:18] to stand there right now Okay?

[45:21] So can staff direct us to where the condos association is

[45:26] in relationship to the home Those group of buildings

[45:31] to the north Right.

[45:35] So you got the strip of trees there.

[45:36] You see the red dot?

[45:37] Yes.

[45:38] That's the subject property.

[45:39] And you've got like two strip of trees.

[45:41] And then there there that whole complex behind them.

[45:44] Okay Thank you Member bardwell.

[45:54] Well, here's my thought.

[45:56] If the applicant's willing to defer this and work

[45:59] with the homeowners association on the condo association

[46:02] back there I would make a motion that we

[46:04] allow this to be deferred for the requested 60 days a second.

[46:11] Just we don't have to give a date a time,

[46:13] you will you don't just a point of order.

[46:16] If you can have you only required at one public hearing,

[46:21] you can postpone this for decision only, which means

[46:26] we've had the public hearing.

[46:28] It comes back to you for a decision

[46:30] so you can still discuss ask questions.

[46:33] Just wanted to make that point.

[46:34] Now you can defer the whole thing

[46:35] again, have another public hearing, if you like.

[46:38] But I just wanted to be aware Madam Chair.

[46:40] OK.

[46:41] I think deferring for a public hearing makes sense

[46:43] because if there's other additional change

[46:47] as things like that, then we can have a de novo hearing again.

[46:50] Yes Okay.

[46:51] So there's a motion on the floor for a deferral.

[46:54] Is there a second?

[46:55] A second meeting.

[46:57] And sorry, real quick, is that the October six meeting

[47:00] or the i'm sorry, October 7?

[47:02] Are we doing the Sixth day request at 60 days?

[47:08] So that'll make it up to and I know that our our attorney said,

[47:13] we're not tied, they're not tied to that.

[47:15] So it could be okay.

[47:18] It could be September, it could be later.

[47:20] But there's a deferral on the floor.

[47:22] OK And there's a second on the floor And all those in favor

[47:27] say I, I any opposed chair Both sides unanimous, Madam chair.

[47:35] Excuse me.

[47:36] It seconded.

[47:36] I'm sorry.

[47:37] We both.

[47:37] OK.

[47:38] Thank you.

[47:38] You, Susan.

[47:39] I think it was a lot of chatter going on, so thank you.

[47:42] OK.

[47:42] All right.

[47:43] Thank you.

[47:43] That that concludes our cases.

[47:47] Case number d, Is there any ongoing business that we need

[47:50] to discuss Any new business?

[47:54] Yes Yeah, I'd just like to make a plug

[47:58] for the comprehensive Plan and Recreation

[48:01] and Parks master plan.

[48:02] We have upcoming meetings, as you know,

[48:04] we're calling it the next chapter.

[48:06] And this August, we have meetings planned for August 17,

[48:11] which is a Monday at the church of the Redeemer at 6 p.m..

[48:15] And then on Thursday August 20th,

[48:18] at the municipal complex at 6 p.m., these

[48:20] will be our meeting number two.

[48:22] So we're doing a north End meeting and a self and meeting,

[48:25] same meeting at both locations And I also

[48:29] want to encourage each and every one of you

[48:31] to go to our website plan the next chapter.org

[48:33] and fill out the survey as they have been posted to the website.

[48:38] So it's open to the public.

[48:41] We had some statistically valid Sylvia's go out previously

[48:45] and now we're using those same questions

[48:47] and providing that for the public.

[48:49] So anyone can take those surveys now.

[48:51] So available at planned.

[48:53] And next chapter.org and they're also

[48:55] on there fans at your fair you can scan the QR code on there.

[49:01] Thank you.

[49:02] You and they're very informative and they

[49:04] impact what we do as well.

[49:05] So it'd be great if everyone could participate.

[49:08] And can I get a motion to adjourn some

[49:12] of is there a second, Second.

[49:15] All those in favor say I chair.

[49:17] Well, it's like we are adjourned Ocotillo for meeting.

[49:23] OK.

[49:24] I thought maybe you know, she's the one who's going to point

[49:28] but I'm going to text her.

[49:29] Thank you 20.

[49:31] You have one.

[49:31] Do you have an for next year?

[49:33] Yeah.

[49:34] This is motion one.

[49:38] Yeah.

[49:39] No, like I tomorrow, you'll be in Chicago.

[49:42] Yeah, but if you want to be fun to go.

[49:49] And next year we'll come back to Atlanta for.

[49:52] I know you're going to cool it.

[49:55] Thank you.

[49:55] You.

[49:56] Appreciate your work.

[50:00] The neighbors like you've been to be able to have one chair.

[50:10] And I know that that's immediately

[50:13] what I thought about was that place because um, I like I was

[50:20] on the everyone works board and we and our dance

[50:24] and it was started or when we called but there it

[50:28] was and it was great And then his daughter's reception

[50:34] was there.

[50:34] So.

[50:35] And they loved it.

[50:36] So give the two places, right?

[50:40] Yeah Um, something different you know, it's something different.

[50:46] I like it because that's when you're supposed to I

[51:15] mean, I Well, I

Board of Appeals Meeting

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