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Johns Creek BZA Approves Deck Variance at 9625 Rod Road
Summary
The Johns Creek Board of Zoning Appeals approved a variance allowing a 33-foot encroachment into the city's 75-foot stream buffer at 9625 Rod Road to rebuild and extend a backyard deck by 2 feet, with conditions including a planting mitigation plan and inspection prior to certificate of completion.
The Johns Creek Board of Zoning Appeals voted 4—2 to 1 on June 1 to approve a variance permitting a 33-foot encroachment into the city's updated 75-foot stream buffer at 9625 Rod Road so the homeowners can rebuild and extend an existing deck.
Planning staff told the board the lot, in the Chat Chatual Subdivision, is 0.442 acres and that the city's revised stream-buffer rules now affect about 73% of the parcel. Staff said the proposed deck would extend the existing 12-foot depth to 14 feet and would create approximately 340 square feet of new disturbance, including a net increase of 57 square feet of impervious surface within the buffer. Staff recommended approval with two conditions: (1) limit encroachment to 33 linear feet and the listed limits of disturbance and impervious area; and (2) require a vegetative mitigation plan that must pass city inspection before a certificate of completion is issued.
The applicant, Mary Anne Romero, said the existing deck is unsafe and that the project's structural changes (piers and a cantilevered extension) are intended to improve safety while adding only two feet to the deck's depth. "We want to rebuild it and extend it just for two feet," Romero said, and confirmed she would comply with the planting plan.
Board members questioned whether mitigation was mandatory and how staff calculated the net increase in impervious area. Planning staff replied that mitigation is standard for stream-buffer variances and that while staff attempts to bring parcels into overall compliance with the ordinance, the mitigation obligation is based on the net new impervious area (57 square feet in this case). The staff report and board discussion identified the mitigation package as approximately 340 square feet of plantings including one small tree, nine shrubs and ground cover; staff noted the tree location is inside the retaining wall on level ground, not on the slope.
A nearby resident raised concern about preserving pond views and asked whether the board could accept nine shrubs in place of the single tree; staff said the board could modify the planting list when it approves conditions. Miss Winnemann moved to approve the variance with staff's recommended conditions; another board member seconded. Mr. Stena recorded the sole no vote; the motion passed 4—2 to 1.
The variance approval permits the applicant to seek a building permit subject to the board's conditions. The vegetative mitigation plan must be submitted with the permit and must pass inspection before the city will issue a certificate of completion.
