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Dunwoody zoning board approves variance allowing homeowner to keep retaining wall at 1814 Village Mill Road
Summary
At its August meeting, the Dunwoody Zoning Board of Appeals approved variance ZBA26-O3, permitting a retaining wall to remain within the city's 75-foot stream buffer at 1814 Village Mill Road. Staff cited steep slopes and erosion risk; the board approved the request unanimously with a condition to follow the submitted site plan.
The Dunwoody Zoning Board of Appeals voted unanimously at its August meeting to approve a variance allowing a retaining wall to remain within the city's 75-foot stream buffer at 1814 Village Mill Road.
A city staff member presented case ZBA26-O3, saying the 0.67-acre lot (zoned R-100) contains a single-family home built in 1969 and that parts of the property fall inside both the 25-foot state buffer and the city's 75-foot buffer. Staff told the board the additional wall was constructed without permits, that the property has a steep slope of roughly 30 feet toward the creek, and that the wall and drainage work were installed to stabilize the bank and reduce erosion. Staff recommended approval of the variance as the minimum relief necessary, conditioned on substantial compliance with the submitted site plan prepared by Georgia Land Surveying Company and dated 10/29/24.
Homeowner Joan Teach, one of the co-owners at 1814 Village Mill Road, described a history of runoff and erosion problems following nearby development and said the wall was built to protect the yard and downstream habitat. "We acted in good faith," Teach said, explaining that work stopped when the property was cited and that she would have sought a variance earlier had she known about the city's stream buffer requirement. A nearby neighbor, Emily Watson of 1813 Village Mill Road, spoke in favor of the homeowners and told the board the retaining wall has not caused additional water damage on her side of the creek.
Board members noted visible pooling and runoff in the submitted photos and agreed the wall addressed erosion risk while limiting additional impervious surface within the buffer. One member moved to approve the request "to allow a retaining wall to encroach into the 75 foot stream buffer," subject to the site-plan condition; another member seconded. The chair called the vote and the motion passed unanimously, with the board recording that construction must be in substantial compliance with the site plan on appendix A.
The chair reminded attendees that decisions of the Zoning Board of Appeals may be appealed to the Superior Court of DeKalb County within 30 days of the decision. No opposition speakers addressed the board during the public comment period.
