The Cherokee County Zoning Board of Appeals convened on August 14, 2025, to discuss a variance request concerning a residential property in the Echelon Conservation Subdivision. The applicant seeks to remove 25 feet from the mandated 50-foot undisturbed stream buffer to facilitate the construction of a home on a 1.1-acre parcel currently zoned for General Agriculture (AG).

The meeting began with a presentation outlining the specifics of the request. The applicant's proposal includes encroaching approximately 2,700 square feet into the county's stream buffer, which is governed by the Cherokee County Stream Protection Ordinance. This ordinance, adopted in 2005, mandates a 50-foot undisturbed buffer along streams, with the first 25 feet designated as a state waters buffer by the Georgia Department of Natural Resources.

The applicant argued that the stream buffer has shifted since the original plat was recorded, which has significantly reduced the buildable area of the lot. They cited that about 30% of the property lies within a floodplain, further complicating development. The applicant also referenced Homeowners Association (HOA) policies that dictate minimum dwelling sizes, asserting that these constraints hinder their ability to build a home that fits within the neighborhood's character.

During the discussion, the Cherokee County engineering department expressed concerns regarding the potential impact of the proposed encroachment on stormwater management and vegetative cover. They recommended that if the variance is granted, the applicant should implement structural stormwater controls to mitigate any adverse effects.

The applicant, John Hannah, who has built several homes in the subdivision, reiterated that the original designation of the area as a drainage easement rather than a stream should allow for a reduced buffer requirement. He emphasized that other lots in the neighborhood have been granted similar considerations.

After public comments, which included a neutral letter from a neighborhood resident, the board engaged in deliberations. Some members acknowledged the applicant's points regarding the shifting buffers but expressed concerns about the implications of granting the variance. Ultimately, a motion was made to approve the variance with conditions, but the vote resulted in a denial, with two members in favor and two against.

The meeting then transitioned to the next agenda item, which involved a separate variance request for an accessory structure that does not match the principal structure on a property in the Bethany Trace subdivision. This case will be addressed in a future session, as the board continues to navigate the complexities of zoning regulations and community development in Cherokee County.