Board grants five variances for two-story accessory structure at 3107 Wills Street with stormwater and occupancy conditions

The License and Variance Board on Aug. 13 approved five related variances (V25-073 through V25-077) for 3107 Wills Street to allow a two-story detached accessory structure, increases in accessory size and height, a reduced driveway setback and an increase in impervious surface area.

Caitlin Crow, Community Development—s Land Services Development Coordinator, said the subject 0.36-acre parcel contains a drainage pipe and associated easement that bisects the rear of the lot and restricts buildable area. To avoid encroaching into the easement, the applicant proposes a two-story accessory building: a two-car garage on the first floor with livable space, a bathroom and a small kitchenette on the second floor. Crow said the owner will use pervious pavers and a wet well under the pavers to limit additional impervious area.

Crow read the five variance requests: V25-073 to allow a secondary accessory structure; V25-074 to increase accessory building size from 25% to 49% of the primary dwelling; V25-075 to raise accessory height from 15 feet to 23.1 feet; V25-076 to reduce the driveway setback from 5 feet to 2.5 feet; and V25-077 to increase maximum impervious surface from 35% to 40.5%.

Staff recommended approval and listed six conditions that apply to all five approvals: substantial compliance with submitted plans; a stormwater inspection/maintenance agreement to be completed and recorded with the Cobb County Superior Court prior to issuance of a building permit; submittal of a stormwater as-built certification prior to building permit/CO issuance; prohibition on installing an oven or stove in the accessory structure without obtaining a variance for a second kitchen; prohibition on renting or otherwise occupying the accessory structure for gain except as permitted under Chapter 22 regarding short-term rentals; and that the conditions run with the property in perpetuity.

Claire Hodges from the city engineering department answered a question about the pervious pavers and confirmed that additional gravel storage under the pavers would be required if the design relied on gravel rather than a dry well, and that the maintenance agreement would be recorded. Benjamin (Ben) Bell, the applicant, said the structure will serve as personal use space and "there will never be any Airbnb activity in this property." Crow cited past approvals in the immediate area and reported no opposition.

The board voted by motion and unanimous vote to approve each variance individually; each approval carried the six conditions described by staff. The approvals allow the owner to construct the accessory building and make the driveway/pervious-paver improvements, subject to recorded stormwater controls and the occupancy/stove restrictions.