Zoning board approves setback variances for Tilly Mill Road house, sets permit and demolition deadlines

At its November meeting the Zoning Board of Appeals approved two setback variances for a house at 5087 Tilly Mill Road in Dunwoody, allowing a second‑story rear addition to encroach up to 25 feet into the rear setback and a garage to encroach up to 10 feet into the side setback. The board attached conditions requiring removal of a parking pad and retaining walls from the 75‑foot stream buffer within 90 days, payment for an approved demolition permit within 14 business days and application for a construction permit within 60 days; all work must be finished within one year.

Staff presented the case (ZBA25‑145087), explaining that the property’s steep topography and a stream buffer that covers much of the lot limit buildable area. "Staff is recommending approval of the variances subject to 2 conditions," the staff member stated, noting the applicant had previously done unpermitted work, paid fines, and received a special administrative permit to remove improvements in the stream buffer. Staff described an updated as‑built survey and recommended approval as consistent with the zoning ordinance and comprehensive plan.

Attorney Alan Schoenberg, representing the applicant, told the board the owner faces a practical hardship because of the lot’s slope and prior siting of the house. "We believe there's a general hardship tied to the property itself by the way that topography and everything is at that property," Schoenberg said, adding the applicant is willing to comply with the conditions.

Board members pressed the applicant and staff on compliance and enforcement. One committee member asked whether, if the board granted the variance, the applicant would follow through and whether the board should put stricter timing requirements on payment and demolition: "If we were to grant this variance today, what is the confidence level that we should expect to have that we are going to follow through with what is being prepared?" Staff replied that a demolition permit had been approved but not issued because payment was outstanding.

The property owner (identified in the hearing as the occupant at the subject address) said he began demolition after a municipal court order and later received a citation for not obtaining the demolition permit. "I was ordered to do the demolition. I started next day after the municipal court, after I paid the citation... The next day, the demolition started," the owner said, describing confusion about the payment link and the permit issuance.

Board members debated tightening the timeline for payment; staff and counsel advised typical enforcement timelines (90 days to complete demolition, 60 days to apply for construction permits) while noting that failure to comply would lead to new citations and potential municipal court action. The board ultimately amended the staff recommendation to require the demolition permit to be obtained and paid within 14 business days as determined by staff and the applicant and approved the variances by voice vote.

Committee member (S1) moved to approve the variances from Chapter 27, Section 58 with the conditions listed in the staff‑recommended site plan dated 09/17/2025 and the added payment timeline; the motion was seconded and passed. The board recorded no public comments on the case and adjourned after the vote. Staff told the owner they would help him complete the permit payment process.

The decision can be appealed to the Superior Court of DeKalb County within 30 days of rendering, per the board’s preamble about appeal rights.

(Reporting note: quotes and attributions are taken from the meeting transcript and mapped to the speakers listed in the article's speaker roster.)