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Homeowner seeks 4-foot side-yard variance after storm damage; commission approves

June 21, 2025 | Forest Park, Clayton County, Georgia


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Homeowner seeks 4-foot side-yard variance after storm damage; commission approves
The Forest Park Planning Commission on Friday approved VAR2025-08, a variance reducing the required side-yard setback on the east side of an existing single-family residence in Ward 2, to permit a home extension.

Planning staff described the request as a reduction of the east side setback from 10 feet to 4 feet to allow expansion of a master bedroom and an office. Staff recommended approval with conditions requiring substantial conformance to the submitted site plan and review of any future modifications that would affect setbacks. Staff said the lot’s corner configuration and site constraints limited the owner’s ability to meet current zoning standards.

Applicant Billy Freeman, who identified himself as the property owner at 751 Bridge Avenue, described storm-related flooding and structural damage to the house, which he said was built in 1942. Freeman told the board, “My house was built in 1942. It's 83 years old. The house was when I the house is built on the property line on the property line.” He said the storm damage forced him to remove siding and replace floors and that he is paying to install a drainage system. Freeman said, “I'm putting a $75,000 detention system under my house to catch all the water from 3 other yards.”

Neighbor and property owner Chandra Stipe said she owns the two houses adjacent to Freeman and that she did not oppose the variance. Stipe also raised broader neighborhood concerns about a vacant, deteriorating property at 5018 East Street and said she had reported the property to code enforcement multiple times.

Planning staff clarified that structures maintained in a grandfathered (nonconforming) status lose that status when exterior changes alter the building footprint, requiring conformance to current zoning standards. As staff put it, “Anytime you make changes to an existing structure in the grandfather status, you have to conform to the current zoning standard.”

Following the public hearing, the commission voted to approve VAR2025-08 with the staff-recommended conditions. The approval is conditioned on conformity with the submitted site plan and requires the applicant to return for review if future changes affect setbacks.

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Scribe from Workplace AI
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