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Johns Creek BZA approves variance for house and pool to encroach on stream buffer in Country Club of the South

Johns Creek Board of Zoning Appeals · April 21, 2026
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Summary

The board approved variance V-26-0005 allowing a 50-foot encroachment into a 75-foot stream buffer for a single-family home and pool on Barxton Drive, conditioned on mitigation (two dry wells and a 3,902-square-foot planting plan), no disturbance within the state's 25-foot band, and re-recording the final plat before certificate of occupancy.

Tyler Baron of John Street Planning and Zoning presented variance V-26-0005 for a 0.72-acre lot on Barxton Drive in the Country Club of the South. He said an LD/LDP in 2018 and subsequent surveys established a 75-foot stream buffer; the applicant requests a 50-foot encroachment to construct a home and pool. "Staff recommends approval of V-26-005 with the following conditions," Tyler told the board, outlining limits on linear encroachment, quantified disturbance figures, and a mitigation plan requirement.

Baron described proposed mitigation that includes two dry wells to capture the first inch of stormwater runoff and a vegetative plan that provides 3,902 square feet of plantings: seven large trees, 12 small trees, 38 shrubs and 88 groundcover plantings. Staff emphasized there would be no land disturbance within the state's 25-foot buffer band (Georgia EPD jurisdiction) and that the owner must revise and re-record the final plat to show the undisturbed buffer bands before a certificate of occupancy will be issued.

Applicant representative Charlie Ray told the board the lot has had a complicated market history and that the developer is moving to make the lot buildable. Board members asked whether the water feature is a detention pond or a stream; staff explained it is an inline stream dammed into a lake and that both city and state buffers apply. The staff report quantified proposed impacts as 2,084 square feet of disturbance in the undisturbed buffer and 2,336 square feet of impervious surface within the 75-foot stream buffer.

Mister Chen moved to approve V260005 as submitted by staff; Mister Hopkins seconded. The motion carried by voice vote. The approval includes staff conditions: maximum linear encroachment as shown on the site plan, no disturbance in the state's 25-foot buffer, submission and city approval of the mitigation plan, and re-recording the final plat to reflect buffer bands prior to issuance of a certificate of occupancy.