PETITION NUMBER: V15-026
PROPERTY INFORMATION
ADDRESS
440 Galloway Court, White Columns
DISTRICT, LAND LOT
2/2, 454
OVERLAY DISTRICT
HIGHWAY 9
EXISTING ZONING
AG-1
ACRES 1
EXISTING USE
SINGLE FAMILY HOME
FUTURE LAND USE
DESIGNATION
AEE—AGRICULTURAL, ESTATE, EQUESTRIAN
REQUESTED VARIANCES:

To allow an accessory structure in the minimum setback of the (second) front yard
(Section 64,416,b)
PETITIONER(S)
ADDRESS
Bobbie Ferqueron
440 Galloway Court
Milton, GA 30004
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COMMUNITY DEVELOPMENT STAFF ANALYSIS
STAFF CONTACT: ANGELA RAMBEAU
678.242.2539
Background:
The site, 440 Galloway Court, is a single family home located on approximately 1acre in the
White Columns subdivision. It is zoned AG-1 and is in the State Route 9 overlay.
The applicants, Steve and Bobbie Ferqueron constructed a play set for their children in the
back of their home, approximately 13 feet from the road. The rear of the home fronts Nix
Road, creating another ‘front yard’, with a 60 foot setback. A play set is considered an
accessory structure, and therefore is supposed to stay out of all minimum yards. The
applicant stated that the play set was placed there because it is the only flat place that was
suitable.
Section 64-414,I states that accessory structures may be located in the rear or side yards, but
shall not be located within a minimum yard. Because the play set is placed in the second
front setback, a variance is required.
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DESIGN REVIEW BOARD (DRB) COURTESY REVIEW:
The DRB reviewed the proposed case on October 6, and offered the following comments:
 The DRB recommends denial.
 If the BZA approves the variance, the DRB suggests the conditions of adding a 3 or 4
board horse type fence, and/or add screening.
ADDITIONAL DEPARTMENT COMMENTS
The staff held a Focus Meeting on October 8, 2015, at which the following comments were
provided:
SITE PLAN REVIEW
STAFF CONTACT JIMMY SANDERS
678.242.2543
No comments.
ARCHITECT
STAFF CONTACT ROBERT BUSCEMI
678.242.2607
The setback should be respected; the
play set should be removed.
ARBORIST
STAFF CONTACT MARK LAW
678.242.2552
No comments.
DOT/STORMWATER
STAFF CONTACT SARAH LEADERS
678.242.2559
No comments.
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Standards for Consideration:
The approval of a variance is based on the following consideration(s):

Relief, if granted would not offend the spirit or intent of the Ordinance.

There are such extraordinary and exceptional situations or conditions pertaining to the
particular piece of property that the literal or strict application of the Ordinance would
create an unnecessary hardship due to size, shape or topography or other
extraordinary and exceptional situations or conditions not caused by the variance
applicant.

Relief, if granted would not cause a substantial detriment to the public good and
surrounding properties.

That the public safety, health and welfare are secured, and that substantial justice is
done.
The applicant response:
This variance application is being submitted to request a variance for a Play Structure
installed on the subject property. After much consideration, the location was chosen
to install the Play Structure because it is the ONLY level site on the property to install
such a structure. The only permitted location is in the rear yard, which is mostly sloped
and/or heavily vegetated. Therefore, this location was selected. At the time of
purchase and installation, we had recently relocated from California to Milton,
Georgia and were unaware of the City and/or HOA requirements for structures of this
type. Thus, this Play Structure was located approximately 16’ from the rear property
line, which abuts Nix Road, and within the setback. However, it is not unsightly and is of
little or no consequence to any reasonable individual.
The staff response:
The purpose of the Zoning Ordinance includes the regulation of the location of
structures; the Ordinance clearly states that accessory structures are not allowed in
minimum yards. More than one Nix Road property owners have objected to the
location of the structure. A child running out into the road to chase a ball or pet, could
cause an accident, as well as endanger the child. For these reasons, placing the
structure so close to the road, without fencing could be considered a detriment to the
public good and safety.
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Recommended conditions:
Should the Board choose to approve the application, Staff recommends the following
conditions(s):


The applicant shall put up a 3 or 4 board horse style fence with attached wire.
The applicant shall plant evergreens to screen the play set from the view of the
adjacent property. Planting plan to be approved by the City Arborist.
Staff recommendation:

Staff recommends denial of this request.
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July 14, 2015
Ms. Angela Cutler Rambeau
Principal Planner
13000 Deerfield Parkway, Suite 107F
Milton, GA 30004
Re:
Letter of Appeal for a Variance at:
440 Galloway Court
Milton, Georgia 30004
To Whom it May Concern:
This variance application is being submitted to request a variance for a Play Structure installed on the subject
property. After much consideration, the location was chosen to install the Play Structure because it is the ONLY
level site on the property to install such a structure. The only permitted location is in the rear yard, which is mostly
sloped and/or heavily vegetated. Therefore, this location was selected. At the time of purchase and installation, we
had recently relocated from California to Milton, Georgia and were unaware of the City and/or HOA requirements
for structures of this type. Thus, this Play Structure was located approximately 16’ from the rear property line,
which abuts Nix Road, and within the setback. However, it is not unsightly and is of little or no consequence to any
reasonable individual.
We make this appeal for a variance so that the play structure can remain in whole at its present location because
there is no other suitable location, which could result in the removal of our children’s Play Structure if this hardship
is not granted.
We respectfully request this variance and are appreciative of your thoughtful consideration of these facts.
Sincerely,
Bobbie M. Ferqueron
Owner
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PETITION NUMBER: V15-028
PROPERTY INFORMATION
ADDRESS
15300 White Columns Drive
DISTRICT, LAND LOT
2/2, 485,524
OVERLAY DISTRICT
STATE ROUTE 9
EXISTING ZONING
AG-1
ACRES1.49
EXISTING USE
SINGLE FAMILY HOME
FUTURE LAND USE
DESIGNATION
AEE—AGRICULTURAL, ESTATE, EQUESTRIAN
REQUESTED VARIANCES:


PETITIONER(S)
ADDRESS
To allow a swimming pool and deck to encroach into the 50 foot stream
buffer
To allow a swimming pool and deck to encroach into the 75 foot
impervious setback
(Section 20-426, i, ii)
Michael Cochran, Atlanta Pools, Inc.
2745 Antioch Road
Cumming, GA 30040
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COMMUNITY DEVELOPMENT STAFF ANALYSIS
STAFF CONTACT: ANGELA RAMBEAU
678.242.2539
Background:
The site, 15300 White Columns Drive, is a single family home located on approximately 1.25
acres in the White Columns subdivision. It is zoned AG-1 and is in the State Route 9 overlay.
The applicant, Michael Cochran, has contracted with, Brent and Laura Warren, the property
owners, to build a swimming pool and deck in the rear of their house. When this lot was
platted, the County only required a 25 foot stream buffer. This has since been changed to
include a 50 foot stream buffer, and 75 foot impervious setback. The new stream buffers
now cover more than half of the lot.
Section 20, 426 i and ii state that an undisturbed natural vegetative buffer shall be
maintained for 50 feet….and an additional setback shall be maintained for 25 feet… in
which all impervious cover shall be prohibited. Since the proposed pool encroaches in to
the 50 foot stream buffer, as well as the 75 foot impergious setback, a two part variance is
required.
Page 3 of 10
DESIGN REVIEW BOARD (DRB) COURTESY REVIEW:
On October 6, 2015, the DRB offered the following comments:

Eliminate paved area in the 50 foot buffer area; pervious pavers can be used.
ADDITIONAL DEPARTMENT COMMENTS
The staff held a Focus Meeting on October 8, 2015, at which the following comments were
provided:
SITE PLAN REVIEW
STAFF CONTACT JIMMY SANDERS
678.242.2543
No comments.
ARCHITECT
STAFF CONTACT ROBERT BUSCEMI
678.242.2607
Can part of the deck be constructed
of pervious materials?
ARBORIST
STAFF CONTACT MARK LAW
678.242.2552
No comments.
DOT/STORMWATER
STAFF CONTACT SARAH LEADERS
678.242.2559
No comments.
Page 4 of 10
Standards for Consideration:
The approval of a variance is based on the following consideration(s):
 The shape, size, topography, slope, soils, vegetation and other physical characteristics
of the property;
 The locations of all streams on the property, including along property boundaries;
 The location and extent of the proposed buffer or setback intrusion;
 Whether alternative designs are possible which require less intrusion or no intrusion;
 The long-term and construction water quality impacts of the proposed variance;
and
 Whether issuance of the variance is at least as protective of natural resources and
the environment.
The applicant response:
The variance would not offend the spirit or intent of the Ordinance because the
location of the proposed swimming pool and the existing fence would in no way
affect any of the neighboring properties, nor would I harm the view or the useable
area of any neighboring property. When the home was originally built, there as a 25
foot buffer, which has since been changed to a 50 foot buffer and additional 25 foot
impervious setback. The size of this lot would require a swimming pool be constructed
directly behind the home. Due to the placement of the septic system, the proposed
pool has been placed as far to the right as possible from the buffer and cannot be
moved over any further. Relief if granted would not cause a substantial detriment to
the public good and surrounding properties, as this requested variance is the minimum
necessary to accomplish the proposed development. There is no backwashing of the
pool. The proposed decking is to be pervious paver decking which allows any water
to dissipate into the ground, and we are capturing water from all downspouts and
storing in gravel pit on the property.
The staff response:
The size of the lot, location of the septic systems, and stream buffers limit the
placement of a swimming pool. The stream buffers now cover more than half of the
lot, and the septic tank is located in the only area available in the rear yard that is not
covered by the current stream buffers. The proposed pool is placed directly behind
the house, thereby minimizing any visual impact on the adjacent properties. The
applicant is proposing several mitigation procedures, including pervious pavers, and
an absorption pit, which would limit the impact on the buffer.
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Recommended conditions:
Should the Board choose to approve the application, Staff recommends the following
conditions(s):

Pervious pavers shall be used in the 50 foot stream buffer and 75 impervious
setback areas.
Staff recommendation:

Staff recommends approval with conditions of this request.
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