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BZA permits deck encroachment into stream buffer; owner to submit planting mitigation

City of Johns Creek Board of Zoning Appeals · March 17, 2026
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Summary

A Johns Creek variance (V-260002) will allow a deck encroachment into the city's stream buffer at a 0.362-acre lot; staff said the net increase in impervious surface within the buffer would be about 166 square feet and required a planting/mitigation plan before permit issuance.

The Board approved V-260002, allowing a measured encroachment into the city's stream buffer to replace and extend an existing deck at a house in a Community Unit Plan district. Staff said the lot was originally platted under earlier rules and that changes to the city's stream-buffer regulations left much of the property within the current buffer; the recommendation allowed a limited encroachment and required a planting/mitigation plan as part of the building permit.

Staff described the current and proposed impervious-surface totals inside the buffer: "Currently, 828 square feet of impervious surface is within the stream buffer. After constructing the proposed deck, a total of 994 square feet of impervious would be within the stream buffer. Therefore, the net increase of impervious surface within the stream buffer would be 166 square feet," staff said. Contractor Thomas Merck told the board the proposed deck extends the landing and stairs and comes out an additional 8 feet beyond the present landing; he said the work will not encroach closer to the stream and that a temporary silt fence will be installed at the creek edge during construction.

Staff attached two conditions: a maximum linear encroachment consistent with the site plan (about 15 linear feet into the buffer) and submission of a phased planting/mitigation plan with the building permit; final plantings must pass city inspection before a certificate of completion is issued. The board approved the motion by voice vote with no opposition.