Johns Creek board approves stream-buffer variance so homeowner can replace deck

The Johns Creek Board of Zoning Appeals voted July 16 to approve a stream-buffer variance for 235 Dunhill Way Drive, allowing a homeowner to replace an aging deck that would encroach 46 feet into the city's 75-foot stream buffer.

Planner II Alan Guerra told the board the parcel in the Abbotts Cove neighborhood is 0.332 acres and that the requested variance, V-24-0005, would permit a new deck, stairs and a concrete pad that add 129 square feet of impervious surface. "Staff recommends approval of V-24-0005, subject to the following conditions," Guerra said, citing the City of Johns Creek Code of Ordinances, Chapter 109, Natural Resources and Environmental Protection, Article 5 (stream buffer protection).

Guerra said the applicant proposed a mitigation plan that includes planting four dogwoods, 14 Piedmont azaleas and 144 square feet of ground cover, totaling 768 square feet of planted area to offset stormwater and environmental impacts. He described how the mapped stream and required 75-foot buffer extend into the home's rear yard and said that strict application of the buffer creates a hardship for the homeowner.

Applicant Joyce Daniel, who identified herself as the homeowner, said she has lived in the house since 1995 and is "just trying to replace a 33-year-old deck." Daniel said neighbors were surprised by the public notice but that she does not plan to move the house.

Board member Mr. Steiner moved to approve V-24-0005 "with staff recommendations." The motion was seconded by Mr. Green and the board recorded aye votes; the chair declared the motion carried. Conditions spelled out by staff include limiting the encroachment to the dimensions shown on the site plan received June 3, 2024; requiring submission of a vegetative planting plan consistent with the mitigation plan as part of the building permit; and passing a city inspection of the final planting plan prior to certificate-of-completion closeout.

The planning staff record lists the encroachment as 46 linear feet into the stream buffer, 608 square feet of disturbance within the buffer, and 1,473 square feet of total impervious surface on the parcel, including the 129 square-foot net increase tied to the new deck. The board's action brings the proposed improvements and portions of the existing house into compliance with the city's stream-buffer ordinance under the stated conditions.

After the vote the board noted one case on the August agenda (a front-yard encroachment) and announced the recent hire of planner Shani Howard from the City of Frostville, who will assist with future variance cases. The meeting then adjourned.