And you do the roll call, please.
Madam Clerk Thank you, Madam Chair.
Good evening, Madam Chair.
Vice chair and members of the Board of Appeals.
Today is August the 5th 2026.
Please confirm your attendance as I call your name.
Madam Chair, Cherie Allen, Present Vice Chair Justice
Sparano Present board member Jay Zimbardo
Well, your board member, Jeff howe present board member.
Nathan grantham here, Board member.
Susan Major here, Member.
Kim gay, your attendance have been confirmed.
And will be included in the official meeting minutes.
I will read the announcements regarding
the decorum and procedures of the Board of Appeals.
The Board of Appeals duty is to review and decide
on appeals of the directors administrative decision
on interpretation of the development code
appeals regarding approval or denial
of a preliminary or final plat without any dedication
and variances from the standards of the development
code The petition will be heard in the sequence listed on the
posted agenda following are some of the rules and procedures
for this part of the meeting.
The applicant and all those speaking
in support of the application will
be allowed a total of ten minutes to present the petition.
The applicant may choose to say some of the time
for rebuttal following the presentation by the Opposition.
The opposing will be allowed a total of ten minutes to present.
Is positioned since the burden of proof is upon the applicant.
The applicant will be allowed to make
closing remarks provided time remain
from the original audit time.
Staff will keep track of the time for both sides
Those called to speak will be taken in the order
that the public comment cards were received
by the planning and zoning clerk prior to the beginning
of tonight's meeting.
All speakers will identify themselves by name address.
And if applicable, organization before beginning
their presentation.
Demonstrate motion of any sort within the chamber
is prohibited, so please refrain from any applause.
Cheering booing, outburst or dialogue
when the person is speaking Please show the same respect
to the person speaking that you were willing
expect to receive the applicant shall
not submit materials to the Board of Appeals
during the meeting.
All materials should be submitted to the community
development Department at least 21 days prior
to the scheduled meeting for inclusion
in the normal distribution of packaging to the board
Thank you, Chair.
Thank you.
Before we take a motion for approval of the agenda,
I'm been told that the agenda has been amended with regard
to the cases Yes.
Correct.
Yes, ma'am And what case has been removed ?
The case is going to be moved to the September Board of Appeals,
meaning is to be 21 for a dash for 140 805 Jet Road.
This is a request for a variance from section 7.8.2 for to allow
resident to assist restructure in the 60 foot primary setback
This is on administrative hold and moved to the September
board of Appeals meeting.
And is the 46B 26 Nine moving forward as well ?
That's going to be.
Well, hold on.
I'll go to speak with you.
Is that the Mount Perrin Road?
Yes.
So i just had a conversation with the applicant
about an hour ago, and they had additional information
that I believe was pertinent to their application.
So they wanted to present it at the meeting tonight, which
I told them was not appropriate So we agreed that we would put
it on administrative hold so that staff can have the time
to review the material and perhaps
as a result of that review, amend their staff report.
Thank you.
OK.
So number, case number A has been removed from our agenda
in case number C, so can i get a motion
to approve the amended agenda for tonight
and make a motion to approve the amended agenda for this evening?
Is there a second?
Second.
All those in favor say aye.
Aye.
I chair votes.
I It's unanimous Approval of the meeting minutes.
Are there any changes to the approval?
The meeting minutes from June 3rd, 2026.
Hearing none.
Can I get a motion for approval of the June 3, 2026, Board
of appeals Meeting Minutes.
Motion Is there a Second Circuit?
All those in favor say I. I chair both sides.
Unanimous Excuse me.
Chair, can we confirmed who seconded jason Bond Mr. Bond.
Thank you.
Yes, we had a couple of hands.
Go up OK.
All right That it's unanimously been approved.
OK.
So can we get the presentation of the first case clerk ?
Madam Clerk Thank you, Madam Chair.
So we're going to go move on to section B of the agenda which is
going to be 2026-0010AV-26-33 5520 Elden Drive a request
for a stream buffer variance from the Vision 9.2 to allow
for a porch in the 75 foot impervious surface setback
and a deck in the 50 foot undisturbed vegetative
buffer presented by liquid a Williams Thank you,
Sam Good evening.
Board of Appeals members and members of the public.
Welcome to the August 5th 2026 Board of Appeals
Public Hearing the case.
We have before you is V26 33 520.
I didn't drive That's recommendation
is approval with conditions the applicants
are requesting a variance from division 9.2
to allow for a deck.
Port Muhammadu tions into the 75 foot impervious surface setback
and the 50 foot undisturbed vegetative buffer The character
area of the holiday parcel is protect the neighborhood
and the zoning is are the for 18,000 square foot minimum lot
size here on the area image, you can see the standard save light
on didn't drive here is the survey showing the creek
in the rear and the single family home right the 0.56 acre
property is already 18 and is located within the Cardinal
Estates and High Point civic neighborhood According to Fulton
County records, the home was built in 1985,
and the current homeowner acquired the property in 2013.
The existing Two story residence includes an attached two car
garage and an elevated dick The scream traverses the property
from west to east place in the majority of the parcel including
the existing residence within the required stream
buffers Additionally the property lies within the Nancy
Creek declared sensitive area and is
limited by a steep topography.
The site slopes downward from in drive toward the residence
and continues descending to the creek
and then rises again south of the creek
Here are some images of the existing conditions
of the property To the left is the further home with the porch
and stairs in the middle are images of the creek
in the rear wood deck.
To the right is another image of the porch and stairs.
Look east from the driveway This image shows the parcel outlined
in black with a creek and buffers in blue,
the entire image is in red, indicating
that it is within the Nancy Creek declared sensitive area
and the front of the home.
The proposal includes an approximately 146 square foot
front addition and a 54 square foot front porch Partially,
partially utilizing the existing homes footprint approximately
38ft² of the proposed improvements will be located
within the same five foot impervious
surface setback towards the rear of the home
near the 50 foot buffer.
The applicants are proposing to demolish the existing 449
square foot road deck and a 280 square foot porches
steps The proposal includes constructing
a larger rear deck and a 610 square foot rear addition
to the home.
Together, these improvements would increase
the existing coachmen in the buffer by approximately
180ft² per section.
9.2.38 of the developing a code land development requirements.
All land development activity subject to this dividend must
meet the following requirements and understood A natural
legislative buffer is to maintain for 50ft measure
a horizontal sleeve on all banks of the state waters as measured
from the points of vegetation section 9.2.3.8.1 all and part
of the surfaces are prohibited from an additional
setback of 25ft Next slide.
Thank you.
Here is the proposed development The blue represents the proposed
deck and the green represents the proposed home additions
to the top left is a snippet of the rear elevations
of next level.
Sorry.
Thank you.
So the top left is a snippet of the rear elevation
and to the bottom right of the slide is the front elevation
stable is that the property is uniquely limited by My creek,
requiring which is our which requires screen buffers,
has a significant topography and is located in the sensitive area
These conditions limited to a reasonable opportunities
for expansion on the property,
establishes approval of the requested variance
remains protective of the surrounding natural resources
because the proposal minimizes additional disturbance
within the regulated stream Buffers maintains the existing
screened corridor and concentrates improvements
adjacent to the existing residence Staff
recommends approval with conditions of two 633
to allow a new deck porch and home addition to encroach
into this 35 foot setback and a 50 foot screen
buffer with the following condition
that the construction can be substantially
similar to the provided site plan Thank you.
Thank you Is is there anyone here to speak
on behalf of the applicant?
Sir would you approach the podium?
State your name and address for the record Good evening.
I'm Peter McMaster Jr with three homes.
I'm the builder and my address is 760 old.
I've road northeast Atlanta, Georgia 30342.
Thank you Would you make your presentation, please?
I have to commend loquitur.
I she nailed it.
She did.
I just did a variance in the city of Atlanta
and very different experience.
She did a very good job summarizing the entire project
so I don't have much to add.
I think it's she really well captured it.
Essentially, it's just a bump out on the back of the house,
replacing a deck where it currently
is an expanse The key point of this
is that this structure that we're
building off of the back of the house is elevated on stilts.
So just like you saw in those images
that she showed you, the deck is on stilts
because the whole house, you know, the lot is like this.
The whole new addition will all continue to be on stilts
So none of this is actually going to even touch the ground.
The only thing that touches the ground
are the footers of the stilts and actually quantity of stilts
is going to reduce from what's existing
right now with the deck to the proposed
is actually getting smaller.
I think we go from 9 to 7, because our spans
are longer in the engineering.
So our actual footprint on the ground in the buffer area
goes down, not up.
So everything remains basically untouched where it is.
There's no actual structure or going down to the ground
beyond the posts.
I think that's a key element that it's
very difficult to capture in some of these documents.
But otherwise she did a great job putting
that presentation together.
So I commend we're well done So you have nothing further.
Now.
OK You can be seated.
Thank you.
Is there anyone here to speak on behalf
of the applicant Anyone, Anyone to speak in opposition in?
All right Do you have anything further?
You have time for rebuttal but you don't have any really
anything to rebut OK.
So we'll close the public discussion now and turn
to the board for discussion Any questions or comments for
either staff or the applicant?
I have a question for Mr. McMaster.
Come back to the podium, please And there
are for the arborist Notice that the decks can extend
beyond the existing footprint but it sounds
like even though it's extending, it's
not going to be taking out any existing
trees or bushes or anything.
Is that correct?
Correct.
No trees are being touched at all.
We had an initial design.
And we had developers meeting with the team at the city
and we had an initial plan that did destroy a couple of trees
for the stormwater retention.
But at their advice, we revised it with our civil engineer.
So no trees are destroyed.
We're going to put some flow wells in the ground in an area
that won't disturb the trees.
So literally no trees are being destroyed.
Thank you.
You're Welcome Can anyone else ?
Nothing further.
You may be seated Thank you, Ms. Mr. Bardwell.
Sam, I'm just curious.
Can you put the slide up with the green and blue.
I just got of to see that again.
The green and blue squares If i don't question,
is wanting to see this again.
Okay.
Any other questions?
If not, can i get a motion?
I make a motion to approve of the conditions of variance.
V 2633 for the request, relief and vision 9.2
to allow a new deck porch home additions
encroach into the 75 foot impervious surface
setback and 50 foot undisturbed stream
with the following condition.
That is of what the construction would
be similar to what is designed to the proposed site plan.
Is there a second?
A second.
I think i think it's the first, second.
All those in favor say I. I i, i chair votes.
I it's unanimous And that concludes
the discussion for that particular case
Thank you Madam clerk.
Could you call the next case, please?
Thank you.
You, Madam Chair.
To thousand and 26.
Dash 0012V-2- fourth 3116.
I heard them in road our request for variance from section 7.8.
24 and Section 2.3.1 to allow for a split court to encroach
into this fit backs and to exceed
the maximum light coverage presented
by Liquido Williams Thank you.
South 150 Are you ready to proceed?
Ms. Williams Yes.
OK Thank you.
All right.
So the next case, we have is case V26 43 at 116 Hartman
Road That's recommendation is denial of the applicants
are requesting a variance from section 7.8.
24 and sections 2.3.1 to allow for a sport court to encroach
into the side and rear setbacks and to exceed the maximum not
coverage The character area of the highlighted parcel is
the neighborhood and the zoning is already 18 for 18,000 square
foot minimum lot size here on the aerial image you can see
the standard shape lot with the primary residence along with
the pool and the rear and the sports court in the northwest
corner here is the asphalt where you can see the home driveway
pool and sports court The subject property is on RDA 18
and is a little less than half an acre
The property is developed with a two story home in
attached to one car garage swimming
pool and a sports court based on Fulton county's records.
The property was platted in 1946,
and the present homeowners acquired the property in 2016.
The UNpermitted sports Court was built in 2025,
along with the unpermitted light and light pole
Although the property does not have any screen buffers or flood
zones, it is located within the Nancy
Creek, declared sensitive area,
which will require twice as much mitigation for stormwater
management Slide to the left is an image of the property
before the sports court and to the right
is an image After this part court was installed To the left
is a picture of the front of the home
and to the right is a picture of the sports
court with the light pole netting and privacy fit
These pictures visually demonstrate
the distance between the sports court
and the North in width property lines.
There are approximately is 4 feet The applicant is proposing
to maintain unpermitted sports court that encroaches closer
to the north end and Wellston property lines than what is
permitted The development code The sport court is 4 feet from
the west and north property lines and the development code
states their minor residential accessory structures must be
at least the minimum setback or ten feet for the property lines,
whichever is less restrictive The sport court is 766ft²
and there were also caused the property to exceed the maximum
lot coverage of 35%.
And 2019, the homeowners received approval
for a pool that allowed the lot coverage to increase
to 40% due to additional stormwater mitigation
measures With the proposed sport court,
the total lot coverage increased to 44.3% per section, 7.8.
24 of the development code Minor residential accessory structures
must be a minimum of ten feet or the required setback from
the property line section 2.3.1 of the development code are lot
parameters like coverage for residential use is 35% x five
Here is an illustrative image showing the sport court and read
and the buildable space and green for a minor residential
accessory structure Staff consider the approval criteria
for variance and found that allowing the sport quite
to remain in its current location
would directly conflict with the intent of the development code.
The sport court is located within
to require a setback It also exceeds both the maximum
impervious coverage, along with the additional 5%
there may be allowed with mitigation south signs
that the inability to keep the permitted sport
court at its current size and location
is a mere inconvenience rather than an extraordinary hardship
Next slide, please Staff recommends denial of two six
DoorDash 43.
I request to allow a sport court to encroach
into the site and rear setbacks and to exceed
the maximum coverage if the board chooses to approve staff
recommends the following condition One that the evergreen
screening tree or wax myrtle like shrubs
be install and maintain along the full length of the sports
court adjacent to the Western property line
to provide your round visual screening
and further buffer adjacent properties to stormwater plan
must be approved by the city engineer and Three
remove the light and light pole I also wanted to add
the applicant did submit Four letters of support
for the sport court and one letter.
Just came in.
But just now in opposition that we have not in this lawsuit.
And when you say just now, just by email Yes.
OK Is there anyone to speak on behalf of the applicant Please
approach the podium State your name address,
and if you're not the property, the residential owner
then your association Please.
Yes.
Good evening, Madam chair.
Members of the board.
My name's Alex brock with Smith.
Campbell.
Russell.
Office Address 1105 West Peachtree Street.
I am the land use attorney here on behalf of the property owners
Ashe and Reef along with joining me tonight,
I have asked our boy the property owner of 116 Hardman
in to give a little bit of color on why we are here tonight
to request the variances I'd like to give a background
a little bit of a history of how we came here tonight
The alley for the LBJ sign has an endocrine condition which
their doctors recommended.
In addition to their medical treatments
to have daily exercise to stimulate pituitary function.
So that alley poised last year, they decided to install a sports
court basketball court, which would
allow cardiovascular exercise in a limited area
on their property.
They reached out to a contractor to install that sports court
The contractor on fortunately gave them incorrect information
that a permit was not needed for a basketball court The sports
court was installed without a permit
unbeknownst to the homeowners Fast forward to September,
and this was of late July August last year
So the sports court has been used
and functioning for about a year now Fast forward
to September, October of 2025.
The adjacent neighbor at 106, Hardman had filed a complaint
with the City of Sandy Springs about Storm
water runoff, which was unrelated to the sports court.
This was an existing issue.
There's a swale in between 116 hardman and one of six Hardman
That over the years has worn down
and storm water flow from the house, from the gutters
has flowed into his front yard At that time,
Sandy Springs code enforcement informed the homeowners
that the sports court was installed without a permit
and they would have to go back to get a permit.
So Miss our boy had submitted the permit in late October
November of last year and has been working with staffs
since that time to get a permit for the sports court
in march April of this year staff
had informed the homeowners that they would also need
a variance for the setback due to the location of the sports
court at that time, they engaged me as a land use attorney
to help them with the variance process
as it's one of the first steps that I took when I took
on this matter was to reach out to the adjacent homeowner that
is closest to the sports court at one of six,
Hardiman we met with him,
and if You I don't know if you can bring back up the site
plan with the read text on it but those were yes then
those were mitigation efforts that he had to request
And when you can see the rebuilding of the swale,
again, that's not directing flows from the sports court,
but is existing condition that we are willing to correct.
He also requested planting along the sports court, which we are
agreeable with, which staff is also recommended condition for
and the installation of netting along the sports court, which we
are in agreement with as well.
And this is reflected on the site plan that was submitted
with the application there are some hardships associated
with the sports court.
He cannot be relocated on the property
due to the limited space the property is owned or 18.
However, it is not an 80,000 square foot lot.
It is slightly smaller.
It's closer to 17,500.
With that, there is some difficulty trying
to relocate on property as well as mature tree
cover and the backyard.
So we cannot move the sports court further
to the east to get it out.
Other side yard.
Setback In addition, removing the sports court would be
would result in significant disturbance.
We would have to remove parts of the fence
to get the chunks of concrete out
There is a foundation wall for the sports core.
There's topography issues back there
And I would just like to note a reiterate again
that this has been in use for over a year now
without complaint from the neighbors
The leave the boy son has had consistent use of the sports
court.
Again without any complaint from the neighbors,
from noise or impacts.
We do have letters of support, which we have submitted to staff
and which staff has indicate they have provided
to you tonight We are also in addition to the mitigation
measures that we are proposing on this site plan,
we are in agreement with staff's recommended mitigation measures
The Alley Boys are all boys have agreed to remove the light court
or the light pole at the sports court,
install additional stormwater pumps as directed by staff
and install evergreen screening, which is also shown on our site
plan In addition, we received the staff
report this past Monday when we read those conditions,
we submit it to additional conditions to staff to further
mitigate the impacts One is to offset the impervious
coverage in light kind to the sports
court is approximately 750ft².
We would offset that elsewhere on the property with pervious
pavers likely removing concrete from the front driveway, which
is easier to demo and remove from the property
and replace those with pervious pavers.
If the second condition is to commit to installing
the mitigation measures agreed to with the neighbor that are
shown on the site plan With these mitigation measures,
the applicant has gained the support of the surrounding
neighbors as shown in the letters of support
that are submitted with this application
And again, just reiterate additional time this has been
in use for over a year One of the most determined
of the factors of whether or not a variance
has impact on the community is how
it will affect the neighbors,
the surrounding community Here we have a unique situation where
the sports court has been in active use
for over a year without complaint from the neighbors
There have been no complaints of noise,
light pollution or other factors from these surrounding
neighbors.
So we respectfully request that you support this variance
and approve this variance.
Alternatively if there are questions or if there's other
mitigating factors that we can include in our plan,
we are more than willing to work with staff to include those
and we would accept a deferral.
So we could come back with those included in our application
and site plan But again, we feel that we have worked diligently
with the community and with staff
to allow the Sports Court to remain So with that,
I will reserve any remaining time for rebuttal.
All right.
Thank you.
Thank you And is there anyone else to speak on behalf
of the applicant You said there was a letter that
came in opposition Madam Clerk, do
you have access to that letter Yes, I do, Madam
Chair I have Elizabeth Pake.
She's here.
Oh, okay Yes, she's here.
So there is someone here in opposition?
Yes.
Okay Could you.
Did you sign in already?
Yes, ma'am.
OK.
Please approach the podium and provide
your opposition Thank you.
Thank you State your state your name and address, please.
My name is Elizabeth.
Fight.
I tee.
I live at 5260.
Sherman Devi Sandy springs 30342.
And I am also the president of the Coasters condominium
association, which is the downhill neighbor
of this property and who has not been
contacted at all about this variance So again, good evening.
I'm the president of the Cloisters Condominium
Association and I represent roughly Hundreds units whose
homes sit downhill of this property I would note
that while various individual community members received
notice of this application, to my knowledge, the Cloisters
condominium association itself has not received
any notification and I personally did not receive
any notification And despite living close enough that I can
actually hear the family play in their backyard
our community has experienced stormwater runoff issues in
the past based on construction.
A long hartman Road, which is why this application
is of particular concern to us.
I respectfully ask that the board deny these variance
requests and I note that city staff has already
recommended denial of them.
I won't reach over that But this is not simply weather
Sports court is a nice amenity.
It's about whether the applicants
have met the legal standards for a variance
and staff found that they have not, as downhill neighbors.
Our greatest concern is storm water Gravity is unavoidable
in any increase in impervious surface on uphill property
affects everyone below it.
And I do note that he just said that they would be willing to do
a like kind pervious or impervious,
but putting pervious materials on the front of the property
won't do anything to offset the concerns
that we have on the backside.
The topography there is very, very, very steep.
It is very steep The fence runs along the ridge line.
And then it is a straight drop off
and it goes directly into all of our backyards
in our townhome and condo association with that applicant.
Seek to raise the lot coverage from the permitted
35% they'd already raised it to 40, announced 44.3%.
This the staff confirm that exceeds the general intent
of the development code As you can see from the images, they
also the applicants propose a swale and pervious pavers.
But pervious pavers again on the front of the property
won't do anything to help me on the backside of their property.
And I don't even know if there's room for a swale in other areas.
I am concerned about the setback variance.
The sports court willing was intentionally
built within the required setbacks
before permits weren't obtained.
I'm sympathetic to the fact that they
got a contractor that gave them bad advice,
but we still are where we are.
And I'm also sympathetic to the reason why they have it.
But as a homeowner and as a row of town homes and condos
who've had to replace their flooring before because
of the construction and hard them in court we have to stand
and we have to say this to all the applicants.
Blame the lots size slope and mature trees
But again, staff disagreed with, again,
I'm just skipping over because the staff did appropriately
share everything a hardship a hardship should arise
from the land itself, not from the decision to build first
and then seek approval later.
And it is concerning to me that no one in our neighborhood
was actively contacted and discussed.
So while I'm appreciative that the Eastern and Western side
neighbors perhaps might be supportive and have worked
out their issues it completely ignores the fact
that they're adjacent to a massive property
and we have all sorts of concerns
that we have to deal with too.
And so being a part of monitoring
what a neighbor does on Hardiman is difficult for us to do.
Finally, the board should consider precedent.
If owners can build without permits
and later obtain variance is because removals inconvenient,
it weakens the city's regulations and disadvantages
compliant property owners as downhill neighbors We live
with the long term consequences of drainage problems develop
and the proposed mitigation has not
been shown to eliminate that risk For these reasons,
we respectfully ask for the board
to deny both variance requests.
If the board grants some relief, despite Staff's recommending
And I also ask that again for this approval
on the engineering report.
That is our main concern.
And that there's going to be no increase in stormwater runoff
together with enforceable conditions
requiring the screening, etc.
And then lastly, I I can admit I don't fully
know what is within the purview of what you can do,
but we would ask that if this board does allow this to move
forward, that there are some either deadlines or more
communication or information We shouldn't have to be monitoring
what they do and whether or not, if they're ordered to remove
the sports court that they do it or if their auditors they say
they're going to do more pervious pavers,
that they do it we would ask for more invermay action.
And we will be monitoring the situation.
I can assure both city staff and the homeowners,
they are that my entire community
is very interested in what goes on here.
Thank you so much for your time Thank you.
You may be seated Is there.
Do you want to rebut anything that was said Yes,
just a few points.
One, we did send out notices to the residents at the Cloisters
and we received several phone calls from residents
at the Cloisters They were mostly concerned with where
the property was located.
This is the first time tonight that I
was aware of the Cloisters concerns
and we would gladly accept a deferral of this application.
So we can work with them, particularly
on the stormwater issues.
There are certain solutions that we can install,
including dry wells or bio swales
that would help mitigate the runoff from the Sports Court.
Again, the sports courts, only 750ft²,
but we would be more than willing to work with them
And as staff to come up with an engineering solution to assuage
their concerns about any runoff impacts Again I'm willing
to, after this meeting, get the contact information
for the Cloisters HOA and willing
to meet with them With that, I would
like to request a deferral.
OK For 60 days or 30 days.
I think 60 days since there are some design considerations I
would allow us time to meet with the adjacent HOA
and then come up with those solutions
to be able to come back here with a better
design plan that addresses their concerns Thank you
And that's it.
You have one minute and 16 seconds for rebuttal.
I think I'm okay.
All right.
I would like to ask our You can have a seat, sir.
Our board attorney if the applicant is
requesting a deferral is that appropriate
And could 60 days be possible?
So I'd like you to speak to that.
Yeah, of course.
I mean, if a motion made to defer, then that at the board's
pleasure and it can be.
You're not bound by certain time limit similar to the Planning
Commission which has a limited amount of time
to recommend the City Council.
So you may defer if, if you so choose All right.
Thank you.
That's what I want to know.
Do we have a time constraint to.
All right.
Thank you.
So I'll close the public portion and now
have discussion with the board Mr. Bardwell,
I got a question for liquid and a question for the applicant.
For liquid.
Appreciate it.
I think you said it.
I might have misunderstood There was a request for a variance
a while ago to go from 35% impervious to 40% impervious.
So it was not a variance per the development code.
You can increase by 5%.
If you do extra mitigation So when I built the pool,
they got 5% more.
So they had a maximum of 40%.
OK.
But there was a variance for the pool.
Is they were given a variance ?
Yes, There was some process there.
Right now, though, I think there was a miscommunication.
There was never a variance They just had the extra 5%,
the pool was with mitigation.
The pool could be there.
And so it was just during a primary phase.
OK.
Because that was also in their application as well stated that.
So it was that communicated to the contractor
or was a community to the homeowner
that they now had up to 40%.
I will assume the contractor whoever was in the primary phase
whoever was representing them.
Okay.
And your other question, Mr. My Second question to the applicant
and Sam, can you put up the recommendations, slide so if I
understand, if we were to approve this there's
three recommendations from staff Um,
screw meaning a storm water plan and removal of the light pole.
The thought I heard you say there are two additions
or things I captured One of them,
which was an additional 750ft² of impervious surface
on the driveway in the front.
I thought you said there was a second.
I didn't capture That is correct.
And these were sent we received these conditions
in the staff report on Monday.
And once we received those, we sent back
two additional conditions to staff earlier today this morning
i can read that I have copies if you'd like to read them,
or I can read them into the record.
Just read them into the record.
So the applicant's proposed condition number four states
the applicant shall replace approximately 765ft² of existing
impervious area on the subject property with pervious pavers
and equivalent amount to the area of the sports court
to offset the sports courts.
Lot coverage impact number Five The applicant
shall install mitigation improvements
as shown in red text on the site plan
titled our Boy Site Plan dashboard Support
PDF, which was the site plan.
I was up earlier prepared by a solar land surveying company
and signed by John W Stancil as Jr and received on June Seventh.
20 are June 17 2026 and 7.
You put that up.
So what is that Fifth thing No, not that one.
The one with the red text with the era.
That one.
Yes.
That was the site plan that was submitted with the application
OK.
I can't read that I can't read that.
Read.
Right.
So I cannot either.
But I can tell you what it is Yeah Oh, there you go.
That we are proposing.
Evergreen landscape shaping along the property line
and next to the adjacent sports court
installing netting along the sports court and then
also improve moving this.
Well, if you can pan down a little bit.
There you go To rebuild the swale, that
was a concern of the neighbors.
Okay And sir, while you're there,
you did request a deferral That's correct.
OK.
All right.
Thank you.
You.
And I have a question on this slide.
It says Putting up the trees to mass of light.
So are you not agreeing that you would remove the light?
I will agree to remove the light.
Again, this was received on Monday
The staff's condition to remove the light This plan
was submitted on June 17th.
OK.
So at that time, we weren't aware of staff's condition.
OK.
Thank you.
You.
Which side of the property is the condo association?
They are to the top of the plan on this one there to the north
If you can scroll We had a question
was staff you have a big A map.
So we can see how far is that the location of where
they are in line with the home.
Okay We can get a map up OK.
And how many are in support in opposition We have some just
that would know that you know, I believe
there were four right in in favor and one in opposition.
But the one represented the hOA, HOA or.
Thank you.
OK And so I don't.
Does anyone have any other questions for.
Oh, so you don't have to remain standing?
OK.
Thank you.
You.
I was up here for questions.
OK We might call you back that you don't have
to stand there right now Okay?
So can staff direct us to where the condos association is
in relationship to the home Those group of buildings
to the north Right.
So you got the strip of trees there.
You see the red dot?
Yes.
That's the subject property.
And you've got like two strip of trees.
And then there there that whole complex behind them.
Okay Thank you Member bardwell.
Well, here's my thought.
If the applicant's willing to defer this and work
with the homeowners association on the condo association
back there I would make a motion that we
allow this to be deferred for the requested 60 days a second.
Just we don't have to give a date a time,
you will you don't just a point of order.
If you can have you only required at one public hearing,
you can postpone this for decision only, which means
we've had the public hearing.
It comes back to you for a decision
so you can still discuss ask questions.
Just wanted to make that point.
Now you can defer the whole thing
again, have another public hearing, if you like.
But I just wanted to be aware Madam Chair.
OK.
I think deferring for a public hearing makes sense
because if there's other additional change
as things like that, then we can have a de novo hearing again.
Yes Okay.
So there's a motion on the floor for a deferral.
Is there a second?
A second meeting.
And sorry, real quick, is that the October six meeting
or the i'm sorry, October 7?
Are we doing the Sixth day request at 60 days?
So that'll make it up to and I know that our our attorney said,
we're not tied, they're not tied to that.
So it could be okay.
It could be September, it could be later.
But there's a deferral on the floor.
OK And there's a second on the floor And all those in favor
say I, I any opposed chair Both sides unanimous, Madam chair.
Excuse me.
It seconded.
I'm sorry.
We both.
OK.
Thank you.
You, Susan.
I think it was a lot of chatter going on, so thank you.
OK.
All right.
Thank you.
That that concludes our cases.
Case number d, Is there any ongoing business that we need
to discuss Any new business?
Yes Yeah, I'd just like to make a plug
for the comprehensive Plan and Recreation
and Parks master plan.
We have upcoming meetings, as you know,
we're calling it the next chapter.
And this August, we have meetings planned for August 17,
which is a Monday at the church of the Redeemer at 6 p.m..
And then on Thursday August 20th,
at the municipal complex at 6 p.m., these
will be our meeting number two.
So we're doing a north End meeting and a self and meeting,
same meeting at both locations And I also
want to encourage each and every one of you
to go to our website plan the next chapter.org
and fill out the survey as they have been posted to the website.
So it's open to the public.
We had some statistically valid Sylvia's go out previously
and now we're using those same questions
and providing that for the public.
So anyone can take those surveys now.
So available at planned.
And next chapter.org and they're also
on there fans at your fair you can scan the QR code on there.
Thank you.
You and they're very informative and they
impact what we do as well.
So it'd be great if everyone could participate.
And can I get a motion to adjourn some
of is there a second, Second.
All those in favor say I chair.
Well, it's like we are adjourned Ocotillo for meeting.
OK.
I thought maybe you know, she's the one who's going to point
but I'm going to text her.
Thank you 20.
You have one.
Do you have an for next year?
Yeah.
This is motion one.
Yeah.
No, like I tomorrow, you'll be in Chicago.
Yeah, but if you want to be fun to go.
And next year we'll come back to Atlanta for.
I know you're going to cool it.
Thank you.
You.
Appreciate your work.
The neighbors like you've been to be able to have one chair.
And I know that that's immediately
what I thought about was that place because um, I like I was
on the everyone works board and we and our dance
and it was started or when we called but there it
was and it was great And then his daughter's reception
was there.
So.
And they loved it.
So give the two places, right?
Yeah Um, something different you know, it's something different.
I like it because that's when you're supposed to I
mean, I Well, I