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Zoning board defers setback-variance request after applicant says he was unprepared
Summary
The City of South Fulton Zoning Board of Appeals deferred a request to reduce a north-side yard setback from 25 feet to 13 feet after the applicant said he was inexperienced with the process; staff had recommended denial and the board gave the applicant one month to prepare.
On May 21, 2026, the City of South Fulton Zoning Board of Appeals deferred consideration of case V26-003, a request to reduce a property’s north-side yard setback from 25 feet to 13 feet, after the applicant told the board he was not prepared to present his hardship case.
Staff introduced V26-003 for a lot on Rat Rder Road in Council District 4 and recommended denial, saying the application sought a variance to Section 403.03.03 to allow construction of a single-family home with a reduced north-side setback. Staff’s recommendation that the board deny the variance was stated on the record before public comment opened.
The applicant, identified in the record as Morticus Wyatt, supplied his address and spoke for up to 10 minutes. Wyatt said he was unfamiliar with the hearing process and that he had been communicating with staff by email but was not prepared to make a complete hardship showing. “I really I ain't knowledgeable of what's going on. It my first time doing it,” Wyatt said, and added he had written a letter describing his hardship and that a relative who helped buy the lot could speak on his behalf.
Board members discussed whether to allow extra time for the applicant’s relative to arrive or to defer the case so Wyatt could consult staff and prepare a fuller presentation. A motion was made and seconded first to close public comment and then to defer V26-003 one month to the board’s next scheduled meeting. The motions carried and staff said the applicant would receive notice for the rescheduled hearing.
The variance sought would change the required north-side yard setback from 25 feet to 13 feet to permit development of a single-family home; the board heard that staff recommended denial but took no final substantive vote on the variance because the case was deferred. The board did not record a roll-call tally for the deferral in the transcript; the record reflects the motions passed by voice vote.
The case is scheduled to return to the Zoning Board of Appeals at its next regular meeting; staff will notify the applicant of the date and the board advised the applicant to come prepared to explain the claimed hardship.
