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BZA approves variances to allow playground and basketball court encroachments after lot combination in Bailey Forest
Summary
The board approved variances for a combined lot at 3196 and 3236 Bailey Forest Drive to allow an existing playground and private basketball court to remain within rear setbacks, conditioned on recording a minor plat, permits and a revised landscape screening plan.
Milton’s Board of Zoning Appeals on Feb. 18 approved a two-part variance allowing an existing playground and a private basketball court to remain within required rear-yard setbacks after the property owner combined two parcels in the Manor subdivision.
Staff said the owner submitted a minor-plat application to combine 3196 (1.1 acres) and 3236 (2.4 acres) Valley Forest Drive into a single 3.48-acre parcel. County aerial records indicate the basketball court was built between 2016 and 2017 by a previous owner and the playground was installed between 2019 and 2020 by the current owner; staff noted the playground was constructed without a community-development approved building permit.
The Development Review Board recommended approval after asking the applicant to provide a revised, staggered landscape plan that increases screening from five to seven arborvitae planted 8–10 feet tall. Staff recommended four conditions if the BZA approved: conformance to the Gaddy Surveying and Design site plan (received 01/21/2025); recording of a minor plat with Fulton County prior to permits; required community-development permits for the playground and basketball court; and approval of the landscape plan by the city arborist.
Chase Wojcick, identified as a permit coordinator with Neptune Pools speaking for the applicant, told the BZA the team attempted neighbor outreach and that the playground was installed without knowledge a building permit was required. He said the court and playground are mostly hidden from the street and that the applicant provided a revised screening plan per DRB guidance.
Motion and outcome: The motion to approve V25-05 (3196 and 3236 Bailey Forest Drive) was made by Hodge Patel and seconded by Billy Harmon and passed unanimously with the four staff-recommended conditions.
The board required that the playground and basketball court receive the appropriate Community Development Department permits and that the revised staggered landscape plan be approved and implemented.
