Milton board unanimously approves six-part variance for 14507 Cogburn Road with demolition condition

The Milton Board of Zoning Appeals on May 20 approved six variances for a flag lot at 14507 Cogburn Road, voting unanimously to allow existing accessory structures and a 1.472-acre lot configuration that falls short of the city’s 1.5-acre minimum.

The variances — collectively identified as V25-12 — were approved with two conditions: the decision must match the variance site plan received by the Community Development Department on April 4, 2025, and the two accessory structures on the property must receive Community Development demolition permits, obtain Design Review Board demolition approval and be removed before issuance of any single-family home building permit.

The variances reduce several dimensional requirements in the Unified Development Code (UDC): the 60-foot front setback to 56 feet for an accessory structure; the 25-foot side setbacks to 22.7 feet on the north and 14.63 feet on the south for accessory structures; allowance for a flag-lot size of 1.472 acres where the UDC now requires 1.5 acres; an increase of the flag-stem area to 13.41% where the UDC allows 10%; and an exception to permit accessory structures that were not constructed concurrently with a principal use.

Scott Reese, representing property owner Brenda Ealy and identifying himself as a consultant with Ronald Reese and Associates, told the board the accessory structures predate Milton’s incorporation and said the parcel became nonconforming after a portion of the original lot was incorporated into the adjacent Linden Creek subdivision. “This is an extreme exceptional case where we had through oversight or error the allowance of the division of property and the tacit approval of the city when they approved the Linden Creek subdivision plat,” Reese said.

Opponents raised concerns about driveway access and neighborhood character. Ed Phillips, speaking on behalf of his father, the owner of the adjacent 14515 Cogburn Road, said increased use of the shared easement was a concern: “The last thing I want is more traffic on an easement driveway, next to my property,” Phillips said. Michael, a Community Development staff member who presented the item, and the applicant clarified the applicant is not proposing a new curb cut; the 2018 plat and subsequent approvals limited the property to two driveway accesses and the applicant said access would be via existing drives.

Members noted the lot configuration was compliant in 2018 and became nonconforming after a later plat revision. The board heard that the Design Review Board recommended approval of the variance requests by a 5–2 vote and that the applicant is seeking to re-record an amended minor plat to correct the legal description and tax record errors identified by the applicant.

During deliberation, board member Adam Danella moved to approve the six-part variance with the demolition conditions; the motion was seconded and passed unanimously by the sitting members. The vote record shows five members voting in favor and two members absent. The approval allows the applicant to proceed with the administrative steps necessary to amend the lot record and requires the accessory structures be removed before any future single-family permit is issued.

The board’s decision does not authorize new curb cuts or additional driveways; public works and Fulton County retain authority over curb cuts and recorded easements. The approval responds to the applicant’s stated goal of cleaning up the lot record and resolving tax and platting issues so the parcel’s legal description matches current ownership and physical conditions.