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Zoning board grants variance for Short Road house; setback reduced to 19 feet
Summary
On Oct. 16 the South Fulton Zoning Board of Appeals granted variance V25-011 allowing a rear-yard setback reduction from 25 feet to 19 feet at 6225 Short Road, enabling the applicant to pursue final inspections and a certificate of occupancy.
The Zoning Board of Appeals for the City of South Fulton on Oct. 16 approved variance V25-011 for a property at 6225 Short Road, reducing the required rear-yard setback from 25 feet to 19 feet.
The decision allows applicant Juan Villalobos to seek final inspections needed for a certificate of occupancy. City staff told the board that without the variance the home could not receive a certificate of occupancy and would have to be brought into compliance or altered before occupancy was allowed. "If they don't get the variance relief, they won't get a CO for the home," a city staff member said during the hearing.
The applicant testified that he built a new house on the lot after demolishing a previous home and that the new structure was larger and encroached into the setback. A neighbor identified in the record, John Wesley Panther of 6715 Short Road, told board members he supported Villalobos and did not object to the requested six-foot relief. A board member said Panther and his family had lived on the street for decades and had no problem with the encroachment.
Board members asked whether the house was complete and whether the applicant had assistance during permitting. The city said the applicant was pursuing final inspections; staff also noted language barriers and said applicants are responsible for submitting complete permit applications. The applicant said he had done remodeling work previously but that building a new house was his first such project and that he had not sought outside help for the permit process.
A board member framed the request under the board's hardship criteria, saying the requested relief appeared limited to the extent necessary and was not being sought as a convenience. Following discussion, a motion to grant the variance was made, seconded and approved by voice vote. The board closed public discussion before deliberating and voted to grant V25-011.
The variance permits the setback reduction from 25 feet to 19 feet at 6225 Short Road; the board did not place additional conditions on the approval in the hearing record. The applicant was congratulated after the board announced the motion had passed.
