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BZA allows homeowner to rebuild on existing foundation after fire, grants side-yard variance
Summary
The DeKalb County Board of Zoning Appeals granted Misty Vance a variance to rebuild her home on the existing foundation after a fire, allowing a 13-foot side-yard setback in lieu of the required 30 feet, with conditions requiring interagency sign-offs before permits are issued.
The DeKalb County Board of Zoning Appeals approved petition 25-12, allowing Misty Vance to rebuild her home on its existing foundation after a structure fire by granting a side-yard setback variance.
Planning staff explained that Vance’s property is zoned A-2 and that the Unified Development Ordinance ordinarily requires a 30-foot side-yard setback; the existing foundation sits approximately 13 feet from the west property line. The applicant said the house was essentially a total loss in the fire but that the basement/foundation remains intact. "It's still there... the entire basement is being saved," Vance said.
The board discussed the UDO’s nonconforming-structure provisions, which the transcript references when considering whether a loss threshold (discussed in the hearing as 70 percent) triggers a requirement to rebuild to current standards. Staff and several board members said that strict application of the ordinance could create practical difficulties for the property because the narrow lot makes a new compliant footprint impractical.
Neighbors and supporters spoke in favor. Planning staff read a letter from a neighbor (Carolyn/Carol King) and Russ Hoff, a neighboring property owner at 2181 County Road 40, testified in support and urged approval to avoid leaving a blighted foundation, noting the long-standing neighborhood character and that rebuilding on the same footprint would not harm adjacent properties.
Staff recommended approval with continuing board jurisdiction and conditions: compliance with applicable environmental standards (Article 5 references cited), no obstruction of off-site drainage, and written evidence of compliance with county boards (Board of Health, Highway Department, Drainage Board, Surveyor, Soil and Water Conservation District and others) and any applicable state or federal agencies before certificates of occupancy or completion would be issued.
The board voted by roll call; recorded 'yes' votes came from Roy Walker, Andrew Provines, Wayne Funk, Jason Carnahan and Frank Palver, and the variance to allow rebuilding at a 13-foot side-yard setback was approved with the outlined conditions.
Staff emphasized that the approval addresses the local zoning variance only and that required agency clearances and any obligations under the UDO remain conditions of final permit issuance.
