[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.
[11:15] 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