Cherokee County board approves some setback variances, denies others at monthly hearing

The Cherokee County Board of Zoning Appeals approved three variance requests and denied multiple others at its monthly hearing, resolving a mix of property-line, setback and signage requests across the county.

The meeting opened with staff reports and routine minutes approval, then moved through a series of contested and uncontested variance requests. Several denials centered on concerns about precedent and neighborhood character, while approvals were granted where members found practical difficulties from topography, existing improvements or health-related accessibility needs.

The board approved three requests: a setback reduction to allow a larger truck court at 7500 Ball Ground Highway; a height variance for an accessory structure at 431 Cartersville Street; and a 10-foot-to-5-foot side-setback reduction at 532 Victoria Road for a house addition to improve accessibility. The board denied requests that would place accessory buildings closer than standard offsets in several subdivisions, and it denied a request to depart from the Highway 92 overlay’s monument-style sign requirement.

Votes at a glance

- Case 205420B — Applicant requested to withdraw case (postponed application). Board vote: withdrawn without prejudice; motion passed 4-0. - Case 2500423V — 7500 Ball Ground Highway: requested to reduce recorded front setbacks to 60 feet (Ball Ground Hwy) and 40 feet (Northridge Road) to allow a wider truck court and place roll-up doors at the rear of the building. Outcome: approved; motion passed 4-0. - Case 2505025V — 431 Cartersville Street (applicant William Roby): variance to permit an accessory structure to exceed the height of the primary structure to accommodate a 12-foot door for an RV. Outcome: approved; motion passed 4-0. - 903 River Rock Drive — request to place an accessory structure closer to the front lot line and reduce the recorded front setback from 35 feet to 14 feet. Outcome: denied; motion passed 4-0. - Case 2505027B — 101 Sweet Briar Court: requested reduction of side setback from 10 feet to 0 feet to allow a 2-car garage to align with the driveway and turn; includes HOA support. Outcome: denied; motion passed 4-0. - Case 2505028 — 208 Meadowridge Court: requested side-setback reduction from 10 feet to 4 feet for a detached 2-car garage. Outcome: denied; motion passed 4-0. - Case 2505209 (7133 Highway 92) — request to allow a freestanding sign that is not monument style in the Highway 92 overlay. Outcome: denied; motion passed 3-1 (Ms. Costello opposed). - Case 250530V — 532 Victoria Road: requested reduction of side setback from 15 feet to 5 feet for a garage and pantry addition to remove stairs for an applicant with a disability. Outcome: approved; motion passed 3-1 (Mr. Ragostel opposed). - Case 250531B — 403 Cottonwood Drive: requested reduction of side setback from 10 feet to 5 feet for a carport to shelter an RV. Outcome: denied; motion passed 3-1 (Ms. Costello opposed). - Case 2505032V — 2200 E. Cherokee Drive: requested side-setback reduction from 10 feet to 5 feet for an open-air gazebo aligned with an existing pool. Outcome: approved; motion passed 3-1 (Ms. Dressler opposed).

What the board said and why

Staff reviewed each application and identified site constraints in many cases: existing septic fields, floodplain and stream buffers, recorded plats that set minimum setbacks and HOA constraints. In the Ball Ground Highway case staff noted the applicant moved the building outside of stream buffers and sought relief only from recorded plat front setbacks so the building could provide a wider truck court and locate roll-up doors at the rear.

Scott Merrill, identified as the developer and representing Horizon Management, told the board he wanted to “have the building move forward towards Ball Ground Highway to house a better truck court” and keep roll-up doors away from public view. The board approved that request unanimously, citing the applicant’s revised plan to avoid stream-buffer variances and to maintain landscaping strips along the road frontages.

On accessory-structure height for 431 Cartersville Street, applicant William Roby described site constraints including slope, septic location and a Georgia Power easement that dictated the accessory building’s location. Roby said the proposed building location was “very far from the street” and screened by woods; the board approved the variance unanimously, noting the structure would be largely out of public view.

Denials and precedent concerns

Several denials reflected board concern about setting a precedent that could encourage similar encroachments in established neighborhoods. During the discussion of a 14-foot front-setback request in the Coleman's Bluff subdivision, one board member said, “that’s gonna mean all of them gonna want one,” and the board voted to deny both the front-setback and accessory-location variances. Similar reasoning — that the standard exists for a reason and that alternate options remained — was cited in denials at Sweet Briar Court, Meadowridge Court and Cottonwood Drive.

Sign variance debate

A proposal at Highway 92 to allow a non-monument freestanding sign prompted debate about enforcing the Highway 92 overlay. Staff cited Article 11 and Article 16 of the Highway 92 overlay, which require freestanding signs on commercial or industrial lots to be monument style and constructed of brick, stone or stucco compatible with the primary building. The owner, Mike Emanuelo of ACME Properties, said the proposed sign material would match the building’s colors and complement the site, but the majority of the board concluded the overlay’s language supplied no hardship and denied the variance 3-1. One board member said the property had been improved “and this sign is attractive, but it doesn't meet the ordinance,” and that allowing the change would weaken the ordinance’s future enforcement.

What’s next

Applicants denied at this hearing can revise plans or appeal the board’s decision following county procedures; applicants who received approval must follow permit and building-permit steps staff noted at the meeting. The board noted its next meeting date on the record.

Quotes (selected)

"We would like to have the building move forward towards Ball Ground Highway to house a better truck court," said Scott Merrill, the developer representing Horizon Management, during the Ball Ground Highway presentation.

"It is at the top of the hill and it is very close to my neighbor," said William Roby, the applicant for 431 Cartersville Street, explaining how septic and slope shaped the accessory structure location.

The board record contains the formal motions and vote tallies summarized above.