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Johns Creek BZA approves reduced rear-yard setback for Abbotsbridge Road property
Summary
The Johns Creek Board of Zoning Appeals approved variance VDash25Dash0002 to reduce the minimum rear-yard setback for a 1.448-acre parcel at 5845 Abbotsbridge Road, allowing an accessory guest house in the side yard under staff conditions including permits, inspections and an as-built survey.
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The Johns Creek Board of Zoning Appeals voted to approve variance VDash25Dash0002 on April (case VDash25Dash0002), allowing a reduction of the rear-yard setback for a 1.448-acre parcel at 5845 Abbotsbridge Road and permitting a one-story accessory guest house in a side yard, subject to staff conditions.
Ruchi Agrawal, Planning and Zoning Manager for the City of Johns Creek, told the board that environmental constraints — specifically a tributary stream and a 75-foot stream buffer that covers about 49% of the lot — and the parcel’s irregular shape limit buildable area. Agrawal said staff recommended reducing the 50-foot minimum rear-yard setback only to 25 feet to match the side-yard setback and to protect stream buffers while allowing a reasonable building footprint. “Therefore, staff recommends approval of VDash25Dash0002 subject to the following conditions,” Agrawal said, listing requirements including building permits, inspections and submission of an as-built survey before issuance of a certificate of occupancy.
Scott Sibley, the applicant, said he initially requested a 20-foot rear-yard setback to gain additional design flexibility but told the board he would accept staff’s recommended 25-foot reduction. “I would rather ask for the most that I can ask for… I mean, I’d love 20, but I’ll live with 25,” Sibley said, describing the proposed guest house as a roughly 20-by-20-foot, one-story mother-in-law suite with a kitchenette, bathroom and laundry, and saying access to it would be pedestrian from the main residence.
During questions, board members asked whether the house could be moved closer to the stream buffer and about structures shown on aerial photos; staff and the applicant said the applicant had sought to avoid the stream buffer and had been coordinating with the adjacent Standard Club on buffering and potential sewer easement options to reduce reliance on a septic field. Agrawal emphasized that the proposal preserves the stream-protection area and that the recommended 25-foot rear setback would maintain harmony with the zoning ordinance’s intent.
A member moved to approve VDash25Dash0002 with the conditions recommended by staff; the motion was seconded and carried on a voice vote. The board’s stated conditions require that the reduced rear-yard setback be set at 25 feet, the accessory structure be located as shown in plans dated March 4, the owner obtain all necessary building permits and approvals, and that an as-built survey showing compliance be submitted prior to issuance of a certificate of occupancy.
Next steps for the applicant include obtaining building permits, completing required inspections, and filing the as-built survey documenting compliance with the board’s conditions before a certificate of occupancy will be issued.
