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Board approves variance to allow deck encroachment into stream buffer at 9470 Dominion Way
Summary
At its August meeting the Johns Creek Board of Zoning Appeals approved variance V-25-0005 to allow a new deck to encroach 25 feet into a 75-foot stream buffer at 9470 Dominion Way, subject to a vegetative mitigation plan and city inspection prior to final approval.
Tyler Baron, Planner III with the city's planning and zoning department, told the Board of Zoning Appeals at its August meeting that staff recommends approval of variance V-25-0005 for 9470 Dominion Way in the Hartridge neighborhood.
Baron said the 0.34-acre lot contains a tributary of the Chattahoochee River (Kiko Creek) and a 100-year floodplain and that the city's current rules place a 75-foot stream buffer on the property, which now covers about 55% of the lot. The applicant asked to encroach 25 feet into that 75-foot buffer to construct a new deck and stairs. Baron said the proposal would add 1,053 square feet of impervious surface inside the 75-foot buffer — an increase of 213 square feet over the existing 840 square feet — and that the application references Article 5, sections 109–118 of the city code and the city's stream mitigation guidance.
"Granting this variance would allow for the construction of the proposed deck and bring the existing home into compliance with the stream buffer ordinance while negligibly impacting the stream," Baron said, noting staff's recommendation was conditioned on adherence to the submitted site plan and the vegetative mitigation plan passing city inspection prior to final approval.
Mandy Garner, representing the contractor, and homeowner Joe Gazzillo described the existing deck as being in disrepair and said the proposed structure is intended to be safer and provide more usable outdoor space. "I don't have a whole lot more to add other than there's an existing deck that's there now that's in disrepair and essentially we're wanting to build something that's obviously safe," Garner said.
No members of the public spoke in opposition during the hearing, and the board moved to vote. A board member moved to approve the variance "as submitted by staff," the motion was seconded, and the board carried the motion by voice vote. The board's approval includes the staff conditions: the development must not exceed the encroachment and impervious-surface limits shown on the site plan (dated July 1, 2025), and the submitted vegetative mitigation plan — described in the application as 244 square feet of planted area including one tree, five small shrubs and 64 square feet of ground cover — must pass city inspection before final sign-off.
The approval was recorded on the meeting record as variance V-25-0005. The board did not record a roll-call tally in the transcript; the outcome on the record was that the motion carried.
