Committee approves variance to finish home in stream buffer at 196 Cathy Lane

The Paulding County Development Waiver Review Committee on March 18 approved a variance allowing Micah Dabbs Brown to finish an existing residence that encroaches into the county's stream buffer and impervious setback at 196 Cathy Lane.

The variance (case 20205-1 SBV) was granted unanimously, 4-0, with 13 stipulations the committee attached before issuing building permits and other approvals.

The structure is located in Land Lot 974, District 2 (south of Morningside Drive, east of Cathy Lane). Brown told the committee, "I just want to finish the home," saying the house was started in 2016 and is currently incomplete. He said the plat and the physical cul-de-sac did not align, which influenced where he originally located the structure.

County Engineer Bruce Coyle recommended approval with stipulations after describing the site's flood risk and required mitigations. Coyle said the property lies in a mapped FEMA flood zone and warned the owner that "flood insurance for the structure will be very expensive and unavailable and may cause issues when the property is financed or sold or changes ownership." Coyle said Brown's engineer shows a finished-floor elevation of 922.34, the flood elevation at the site is about 918.5 and the lowest adjacent grade on the creek side is about 917. Coyle added the flood encroachment is about "10 horizontal feet to the flood zone" and that footings could be compromised in a flood event, recommending "armament and reinforcement" of footings.

Coyle listed required conditions the owner must meet before or as part of permitting, including: acknowledging the FEMA flood-zone status and related insurance/financing risks; submitting a tertiary erosion-control/sediment plan produced by a qualified engineer/surveyor; removing temporary/unsafe septic tank installations and obtaining a proper septic permit; implementing buffer restoration and mitigation planting (including removal of a dilapidated greenhouse already removed by the owner); ensuring any additional footprint expansion is placed away from the creek; and meeting a minimum 1,100 square-foot heated area for permitting purposes.

Chair Anne Littman and other committee members questioned Brown about when construction began and whether the structure would be a permanent residence; Brown said the house is his personal home though he currently lives in Dallas and described it as his second home. Neighbor Eva Turner asked whether the property line would change and whether the house would sit in the creek; Littman and staff clarified the request is only to encroach into the 25-foot impervious setback and the 25-foot undisturbed buffer, not to change property lines or locate the building in the creek.

After Coyle moved to approve with the listed stipulations and a second was recorded, the committee voted 4-0 to grant the variance.

The committee's approval is limited by the recorded stipulations; Brown acknowledged the conditions on the record and agreed to meet with staff to clarify permitting steps.

The committee did not vote to alter floodplain mapping; Coyle stated his opinion that the floodway mapping "will not change with this encroachment," and noted the majority of the floodplain lies on the opposite side of the creek.