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Council allows zero-foot side setback for patio but orders gravel driveways paved within 60 days
Summary
Council granted a variance to allow an outdoor patio and masonry fireplace built to the property edge on Waterman Street but denied a request to permit gravel driveways; the developer must pave the gravel areas within 60 days or replace them with concrete.
The Marietta City Council granted a side-setback variance to allow an unenclosed patio and masonry fireplace to be built to the property line for a new home at 486 Waterman Street, but denied a separate variance that would have allowed gravel driveways across a four-home development on Waterman Street and South Avenue. Council required the developer to replace existing gravel driveways with concrete within 60 days.
The applicant's representative described a quartet of new homes, one of which is the applicant's personal residence. The requested side-setback variance would permit an outdoor patio and masonry fireplace at the edge of the lot to create private outdoor space facing an adjacent HOA-owned green strip and alley. The applicant presented a landscaping plan and said the adjacent homeowners association (Monje/Monjay HOA) supported the setback variance after meetings with the developer and review of a landscaping and brick turndown plan.
The second requested variance would have allowed decorative pebble/"bridle" driveways rather than the city's standard concrete or asphalt. The developer provided samples and a sealing product intended to bind the aggregate, but several residents and the HOA opposed the gravel surface. Speakers who opposed gravel cited concerns about ongoing maintenance, debris, staining, visual consistency with nearby homes and the risk of setting a precedent for gravel driveways in new construction. Supporters said the aggregate look could be aesthetically pleasing.
After public comment, the council member moving the motion proposed approval of the side-setback variance with conditions: the exposed turndown foundation must be finished with brick to match house skirting, and landscaping along the HOA strip must be installed in consultation with the HOA (with flexibility for alternative species if the HOA prefers different plantings). On the gravel driveways, councilmembers voted to deny the requested variance and required the applicant to convert gravel drives to concrete or an approved alternative within 60 days; the motion was amended and passed.
Why it matters: The decision preserves council control over driveway surfacing standards in new construction while allowing a limited encroachment for a patio where the HOA and developer negotiated landscaping mitigations. Council attached brick and landscaping conditions intended to reduce visual and maintenance impacts on adjacent HOA property.
Implementation: the applicant must complete the landscaping and bricking provisions and pave the gravel driveways or otherwise meet the council's condition within the 60-day timeframe.
