Zoning board approves variance to repair Lake Charles dam, requires permanent safety fence

The City of South Fulton Zoning Board of Appeals on July 16 approved a variance permitting temporary work in stream buffers to repair a breached dam at 4381 Lake Charles Lane, adding a condition that the developer install a permanent fence around the lake for public safety.

The board voted to approve application V-26-004 after staff recommended the variance and noted the state had granted approvals needed for the repair. The motion to approve, which included the fence requirement, was moved by a board member and seconded; the chair declared the motion carried after a roll call during which Commissioners Malcolm, Patterson and O'Donnell were recorded voting in the affirmative. The transcript does not audibly record the explicit votes of the other commissioners; the chair announced the motion had passed.

Why it matters: Residents downstream told the board that the breached dam, which failed after a heavy rainfall in 2016, has caused recurring flooding and erosion in their neighborhoods. Supporters said rebuilding the dam will restore the lake's stormwater detention function for surrounding subdivisions and reduce downstream flooding risks.

Staff presentation and applicant's plan: Staff described the request as a variance to section 14.005 to allow work in stream buffers to repair a breached dam. Applicant Cosmos Kenny, who identified himself as the developer/owner, said the current concrete remnants and unstable slopes pose safety hazards. He described plans to remove concrete rubble, reconstruct the dam as an earthen berm (he stated a crest about 20 feet wide and a dam height of roughly 24 feet from toe to crest), install an outlet control structure and main outfall with an impervious core, construct an emergency overflow channel, and stabilize slopes with vegetation. Kenny told the board the upstream basin feeding the lake covers roughly 103 acres and that repairing the dam is required to support a later phase of lot development in the subdivision.

Public comment and concerns: Several downstream residents spoke in favor of repairing the dam but raised concerns about ongoing downstream impacts. Resident and attorney James Harris said his community has experienced flooding and erosion since the breach. Pete Meadows said he supports the repair but asked what the city or developer would do to address long-standing damage to his subdivision's common areas and impacts on property values. Wilma Blunt, an adjacent property owner, said she attended after receiving mailed notice and wanted clarification about the project.

Notice and developer response: John Herring said he had trouble reaching staff by phone after seeing a meeting notice and asked the board to table the matter until residents were properly informed. Applicant Cosmos Kenny apologized for the contact problem, saying a vendor phone-reroute was out of service and that the failure to reach residents was unintentional; he said the project team had mailed detailed documentation and offered to meet with concerned neighbors.

Board questions and conditions: Board members asked whether the lake is accessible to residents, whether debris and concrete remnants would be removed after construction, and where emergency-spillway flows would discharge. The applicant confirmed the lake is privately accessible via side access, agreed that debris and concrete remnants would be removed, and said a spillway would direct overflow back along the natural downstream flow. For child-safety concerns raised by members, the motion adopted during the meeting specified installation of a permanent fence around the lake.

The vote and next steps: The board approved V-26-004 with the fence condition. Staff indicated the variance will allow the developer to complete the needed repair and proceed with the active land-disturbance permit (LDP) process. The applicant thanked the board; the meeting adjourned.

Note on transcript records: The posted meeting transcript records affirmative votes for three named commissioners (Malcolm, Patterson, O'Donnell) and the chair's announcement that the motion carried; the transcript does not audibly record all individual votes.

The board did not set an additional public hearing date for the repair; the approved variance and any required permits remain subject to normal permitting and inspection processes.