Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Variance topic
No spam. Unsubscribe anytime.
Commission backs variance to rebuild deck at 2292 Bayswater Drive after applicant admits unpermitted work
Summary
The Planning Commission recommended approval of a variance allowing a 14-foot encroachment into the 30-foot rear setback at 2292 Bayswater Drive, citing site constraints (stream/drainage easement) and that the proposed deck will be smaller than the previous structure; applicant acknowledged unpermitted construction and apologized.
The Kennesaw Planning Commission voted unanimously to recommend approval of a variance request from property owner Alberto Florido to reconstruct a rear deck at 2292 Bayswater Drive that encroaches 14 feet into the required 30-foot rear setback.
Staff told commissioners the property sits on an approximately 30,000-square-foot lot within the Fairfax subdivision and includes a stream and drainage easement that reduces the buildable area. Staff found the request met Unified Development Code variance criteria because site-specific constraints create practical difficulty and the proposed work would remain within the previous deck footprint.
When given the opportunity to speak, Florido said he had proceeded without a permit and apologized. "I made a mistake, doing something without a permit. I apologize for that," he said, then described the replacement deck as substantially smaller (12 by 14 feet) compared with the prior structure, which he estimated at roughly 500–600 square feet.
Commissioners asked whether the work was maintenance or required a permit; staff explained that full replacement of structural elements requires permits and noted the property is nonconforming from earlier construction. Staff emphasized the proposed rebuild reduces the degree of nonconformity rather than increasing it. Commissioner Jackson moved to recommend approval; Commissioner Van De Zandi seconded; roll-call votes were recorded in favor.
The recommendation will be forwarded to the mayor and city council for final action.
