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BZA holds request for pavilion and buffer encroachment near Noonday Creek for HOA/staff follow-up
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Summary
A request to site a shade pavilion and pool equipment that partly intrudes into an impervious-stream buffer near Noonday Creek was held so staff can clarify whether the 75-foot stream buffer applies to the lot and consult the country-club HOA; board voted 5–0 to hold for one month.
Ernest Crumley’s request to place a shade pavilion, pool equipment and a retaining wall near a creek tributary drew scrutiny from stormwater staff and board members because part of the structure would lie inside a 75-foot impervious buffer to Noonday Creek. Applicant representatives said the pavilion location reduced structural congestion and improved accessibility; the Crumleys cited mobility issues and access needs.
Cobb Stormwater Management advised that the shaded portion of the proposed pavilion protrudes into the buffer and that, where possible, projects should end at the buffer edge or provide mitigation. Staff also noted that lots platted before 2000 may be grandfathered and that the buffer requirement’s applicability needed confirmation. Given the buffer question and the nearby country-club HOA’s interests, the board voted 5–0 to hold the case one month to coordinate with the HOA and determine whether mitigation or design changes would be required.
The board will take up the matter next month after staff and the applicant provide clarifying information about buffer applicability and any HOA concerns.
