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Johns Creek BZA approves variance to keep deck that encroaches into stream buffer at 535 Ashvale Overlook
Summary
The Board of Zoning Appeals approved a variance allowing a 12.5-foot encroachment into a 75-foot stream buffer to maintain and extend a wooden deck at 535 Ashvale Overlook; staff recommended conditions including a planting mitigation plan, a hard limit on impervious area, and hand-installed plantings with inspection.
Steph, a city planning staffer, presented variance V-26-004 for 535 Ashvale Overlook in the Ashland Subdivision, saying the city's expanded 75-foot stream buffer now covers roughly 46% of the 0.34-acre lot and includes portions of an existing deck. "Based on the findings, staff recommends approval of V-26-004 with the two conditions" — limits on encroachment and a mitigation planting plan, Steph told the board.
Applicant representatives said the deck addition was begun without a permit and that the owner sought the variance after the city issued a stop-work order following a complaint in October 2025. Neighbor and civil engineer Alyssa Taylor said she assisted applicant Thiago Cabral with the application; Cabral told the board he has five children and built the deck to provide safe outdoor space. Cabral said he did not realize the 75-foot buffer applied and that the deck is wood decking, not new concrete.
Board members questioned the material differences shown on site photos, whether portions of existing concrete predated ownership, and the exact location of the proposed plantings. Staff clarified a newly added condition requiring mitigation plantings in the buffer to be installed by hand, without mechanized equipment, and to pass city inspection before a certificate of completion is issued. The staff report quantified impacts: after construction 398 square feet of impervious surface would be inside the stream buffer, a net increase of 160 square feet compared with pre-construction conditions; the applicant proposed 192 square feet of planting including one small tree and three shrubs to offset impacts.
Miss Winnemann moved to approve V260004 "as presented by staff;" Mr. Shaner seconded. The board approved the motion by voice vote. The approval includes the staff conditions: a maximum 12.5-foot linear encroachment, a 400-square-foot cap on impervious surface (including the 160-square-foot net increase), submission of the planting/mitigation plan with the building permit, hand-installed plantings in the sensitive portion of the buffer, and final inspection prior to a certificate of completion.
The case record cites City of Johns Creek Code of Ordinances, chapter 109 (Natural Resources and Environmental Protection), article 5 (Stream Buffer Protection), section 109.118 (land development buffer and setback requirements).
