The Alpharetta Board of Zoning Appeals on Aug. 21 approved a variance to reduce the required rear setback for a residential swimming pool at 3565 Newport Bay Drive from 20 feet to 10 feet, contingent on staff conditions and approval from the neighborhood association. The vote followed staff presentation and comments from the applicant.
Planning staff member Michael Woodman told the board the property is a roughly half‑acre lot in the Newport Bay subdivision that abuts the Golf Club of Georgia and contains stream buffers that encroach into the rear yard. Woodman said the applicant’s site plan positions the pool to avoid removing trees in the stream buffer and recommended approval "subject to one condition" that the pool be permitted as depicted on the submitted site plan with a 10‑foot rear setback.
Faye Colbert of Aqua Design Pools and Spas, representing the homeowners identified in the application as the Noss family, described construction access from the driveway, use of tree‑safe fencing and double rows of silt fencing, and staking of the impervious setback to avoid encroachment. Colbert said excavated material will be hauled off site and that engineers have sized reinforcing steel and concrete to protect the house foundation where the pool sits about 5 feet from the foundation.
Board members asked whether the city arborist had reviewed the plans; Woodman said City Arborist David Shostak reviewed the proposal and did not recommend additional conditions. Woodman also explained that the stream buffer at this location is handled as a 75‑foot impervious setback (25 feet state buffer, 25 feet city buffer, and an outer 25 feet impervious setback) and that grading and temporary protective measures are allowed within the outer impervious setback so long as impervious surfaces are not placed there.
Woodman explained enforcement steps: if the variance is approved the applicant must obtain an individual lot land disturbance permit and building permit; city land‑development and building inspectors will confirm conformance with the approved plans on site. The applicant told the board the Windward Community Services Association review is still pending and that HOA approval is contingent on the city permits; the applicant said from experience Windward typically does not deny similar requests.
A board member moved to approve the variance with the staff recommendation and the added condition of neighborhood approval; the motion was seconded and passed. The board’s action allows the pool to be built as shown on the submitted plan with a 10‑foot rear setback but does not permit changes to the pool location after approval. Further site, engineering and building permits are required before construction begins.