[ I. Call to Order]
[00:00:06]
READY? WHENEVER YOU ARE. MADAM CLERK, WOULD YOU CALL THE CALL THE SANDY SPRINGS BOARD OF
[ II. Roll Call and General Announcements]
APPEALS MEETING TO ORDER. MADAM CLERK, WOULD YOU DO THE ROLL CALL AND GENERAL ANNOUNCEMENTS? THANK YOU, MADAM CHAIR. GOOD EVENING, MADAM CHAIR. VICE CHAIR AND MEMBERS OF THE BOARD OF APPEALS. TODAY IS APRIL THE 8TH, 2026. PLEASE CONFIRM YOUR ATTENDANCE AS I CALL YOUR NAME, MADAM CHAIR. SHERRY ALLEN HERE. VICE CHAIR. JUSTIN SPARANO, ABSENT. BOARD MEMBER. JASON BOSWELL, BOARD MEMBER. JEFF HOWE, BOARD MEMBER. NATHAN GUENTHER HERE. BOARD MEMBER.SUSAN MAYER, ABSENT. BOARD MEMBER, KIM J. YOUR ATTENDANCE HAS BEEN CONFIRMED AND WILL BE INCLUDED IN THE OFFICIAL MEETING MINUTES. NOW I'LL READ THE ANNOUNCEMENTS REGARDING THE DECORUM AND THE PROCEDURES OF THE BOARD OF APPEALS MEETING. THE BOARD OF APPEALS DUTY IS TO REVIEW AND DECIDE ON APPEALS OF THE DIRECTOR'S ADMINISTRATIVE DECISION OR INTERPRETATION OF THE OF OF THE DEVELOPMENT CODE, APPEALS REGARDING APPROVALS OR DENIALS OF A PRELIMINARY OR FINAL PLAT WITHOUT DEDICATION AND VARIANCES FROM THE STANDARD OF THE DEVELOPMENT CODE. THE PETITION WILL BE HEARD IN THE SEQUENCE LISTED ON THE POSTED AGENDA. FOLLOWING ARE SOME OF THE RULES AND PROCEDURES FOR THIS PART OF THE MEETING. THE APPLICANT AND ALL THOSE SPEAKING IN SUPPORT OF THE APPLICATION WILL BE ALLOWED A TOTAL OF TEN MINUTES TO PRESENT ITS PETITION. THE APPLICANT MAY CHOOSE TO SAVE SOME OF THE TIME FOR REBUTTAL FOLLOWING THEIR PRESENTATION BY THE OPPOSITION. THE OPPOSITION WILL BE ALLOWED A TOTAL OF TEN MINUTES TO PRESENT ITS POSITION. SINCE THE BURDEN OF PROOF IS UPON THE APPLICANT. THE APPLICANT WILL BE ALLOWED TO MAKE CLOSING REMARKS PROVIDED TIME REMAINS FROM THE ORIGINAL ALLOTTED TIME.
STAFF WILL KEEP TRACK OF THE TIME FOR BOTH SIDES. THOSE CALLED TO SPEAK WILL BE TAKEN IN THE ORDER THAT THE PUBLIC COMMENT CARDS WERE RECEIVED BY THE PLANNING AND ZONING CLERK PRIOR TO THE BEGINNING OF TONIGHT'S MEETING. ALL SPEAKERS WILL IDENTIFY THEMSELVES BY NAME, ADDRESS AND, IF APPLICABLE, ORGANIZATION BEFORE BEGINNING THEIR PRESENTATION.
DEMONSTRATION OF ANY SORT WITHIN THE CHAMBER IS PROHIBITED, SO PLEASE REFRAIN FROM ANY APPLAUSE. CHEERING BOOING, OUTBURST OR DIALOG. WHEN THE PERSON IS SPEAKING, PLEASE SHOW THE SAME RESPECT TO THE PERSON SPEAKING THAT YOU WILL EXPECT TO RECEIVE. THE APPLICANT SHALL NOT SUBMIT MATERIALS TO THE BOARD OF APPEALS DURING THE MEETING. ALL MATERIALS SHOULD BE SUBMITTED TO THE COMMUNITY DEVELOPMENT DEPARTMENT AT LEAST 21 DAYS PRIOR TO THE SCHEDULED MEETING FOR INCLUSION IN THE NORMAL DISTRIBUTION OF PACKAGING TO THE BOARD. THANK YOU, MADAM CHAIR. THANK YOU. CAN I GET A MOTION FOR APPROVAL OF THE
[III. Approval of Meeting Agenda ]
MEETING AGENDA? IS THERE A SECOND? SECOND. ALL THOSE IN FAVOR, SAY AYE. CHAIR VOTES I.[ IV. Approval of Meeting Minutes]
THE MEETING AGENDA IS APPROVED. APPROVAL OF THE MEETING MINUTES. THERE IS A CHANGE, A CORRECTION THAT I WOULD LIKE TO SUGGEST. AND ANYONE ELSE WHO, AFTER I GO, CAN SAY IF THERE'S ANY OTHER CHANGES THAT NEED TO BE MADE UNDER ROLL CALL AND GENERAL ANNOUNCEMENTS UNDER MEMBERS PRESENT. IT IS. LINE. FOUR. NO MEMBERS WERE ABSENT. A NEW BOARD MEMBER, GEOFFREY HOWE, WAS APPOINTED BY. AND IT SAYS M A Y AND I BELIEVE IT SHOULD SAY MAYOR AND. AND AT THE END OF THE PAGE, ON THE FIRST SENTENCE, CHAIR SHERI ALLEN ASKED IF THE APPLICANT HAD MORE TIME FOR REBUTTAL. IS THE CHANGES THAT I WOULD LIKE TO MAKE? ARE THERE ANY OTHER SUGGESTED CHANGES? CAN I GET A MOTION TO AMEND THE MEETING MINUTES? IS THERE A SECOND? ALL THOSE IN FAVOR, SAY AYE. CHAIR VOTES I THE MARCH 4TH, 2026 MEETING MINUTES ARE AMENDED NOW. CAN I GET A MOTION TO APPROVE THOSE MINUTES? THE AMENDED MINUTES. SO MOVED. IS THERE A SECOND? SECOND. ALL THOSE IN FAVOR, SAY AYE. CHAIR VOTES AYE. IT'S UNANIMOUS APPROVAL OF THE AMENDED MEETING[V. Cases ]
MINUTES. MADAM CLERK, WOULD YOU CALL THE FIRST CASE? THANK YOU, MADAM CHAIR. 2026 0006V 2556 8260 GROGAN'S FERRY ROAD. A REQUEST FOR A VARIANCE FOR FROM DIVISION 9.2 TO ALLOW FOR CONSTRUCTION OF A RETAINING WALL WITHIN THE 50 FOOT VEGETATIVE BUFFER. PRESENTED BY LAQUITA WILLIAMS, OUR PLANNER. TWO MISS WILLIAMS, WOULD YOU PROCEED? YES. THANK YOU. GOOD EVENING. BOARD OF APPEAL MEMBERS AND MEMBERS OF THE PUBLIC. WELCOME TO THE APRIL[00:05:04]
8TH, 2026 BOARD OF APPEALS PUBLIC HEARING. TONIGHT WE WILL BE DISCUSSING VARIANCE CASE V 25 DASH 56 AT 8260 GROGAN'S FERRY ROAD STAFF'S RECOMMENDATION IS APPROVAL WITH CONDITIONS. THE APPLICANT IS REQUESTING A VARIANCE FROM SECTION 9.2.3.8.1 TO CONSTRUCT A RETAINING WALL WITHIN THE 50 FOOT SCREEN BUFFER AT THE REAR OF THE PROPERTY. THE CHARACTER AREA OF THE HIGHLIGHTED PARCEL IS PROTECTED NEIGHBORHOOD AND THE ZONING IS R D 18 FOR 18,000 SQUARE FOOT MINIMUM LOT SIZE. HERE ON THE AERIAL IMAGE, YOU CAN SEE THE LOT HAS A NORMAL RECTANGULAR SHAPE ON GROGAN'S FERRY ROAD. THE SURVEY SHOWS THE EXISTING SINGLE FAMILY HOME WITH THE CONTOUR LINES AND GREEN INDICATING STEEP SLOPE ALONG THE REAR OF THE PROPERTY.THIS .64 ACRE PROPERTY IS LOCATED IN THE GROGAN'S BLUFF NEIGHBORHOOD AND ZONED RD 18.
THE SITE IS DEVELOPED WITHIN EXISTING TWO STORY SINGLE FAMILY HOME. BUILT IN 1985, THE PROPERTY HAS SIGNIFICANT ENVIRONMENTAL AND TOPOGRAPHIC CONSTRAINTS. A STREAM RUNS THROUGH THE REAR YARD, TRIGGERING ASSOCIATED BUFFERS, AND THE LAND DROPS STEEPLY IMMEDIATELY BEHIND THE HOME BEFORE RISING AGAIN TOWARDS THE REAR PROPERTY LINE. AS A RESULT, MUCH OF THE PROPERTY IS ENCUMBERED BY STREAM BUFFERS, AND PORTIONS OF THE EXISTING HOME FALLS WITHIN THE REQUIRED SETBACKS. THANK YOU. HERE IS A MARKUP AERIAL MAP SHOWING THE STREAM AND ITS BUFFERS, AND THE RIVER CORRIDOR. HERE ARE SOME PICTURES OF THE FRONT OF THE HOME AND THE REAR YARD. HERE ARE IMAGES OF THE REAR YARD WHERE YOU CAN SEE THE DIFFERENT GRADE CHANGES. HERE IS THE SITE PLAN SHOWING THE PROPOSED RETAINING WALL. THE APPLICANTS ARE PROPOSING TO REPLACE A FAILING RETAINING WALL AND EXTEND THE WALL. THE NEW WALL IS SLIGHTLY CLOSER TO THE 25 FOOT STATE BUFFER. IN ORDER TO STABILIZE THE SLOPE AND CREATE A USABLE REAR YARD AREA, THE NEW WALL WILL VARY IN HEIGHT FROM 5FT TO 12FT. SECTION 9.2.3.8.1 OF THE DEVELOPMENT CODE SPEAKS ON THE 50 FOOT STREAM BUFFER, WHICH IS AN UNDISTURBED NATURAL, UNDISTURBED NATURAL VEGETATIVE BUFFER. MAINTAIN 50FT FROM ALL BANKS OF STATE WATERS. HERE IS A MARKUP OF THE SITE PLAN. THE PINK LINE REPRESENTS THE EXISTING WALL, AND THE BLUE LINE REPRESENTS THE PROPOSED RETAINING WALL. AS ALWAYS, STAFF REVIEWED THE APPROVAL CRITERIA AND CONSIDERED THE SLOPE TOPOGRAPHY THE EXTENT OF THE BUFFERS AND IF ANY ALTERNATIVE DESIGNS ARE POSSIBLE. STAFF CONCLUDED THAT THE STREAM BUFFERS ENCUMBER A MASSIVE PORTION OF THE PROPERTY, INCLUDING MOST OF THE PRIMARY STRUCTURE, MAKING DEVELOPMENT NEARLY IMPOSSIBLE WITHOUT A VARIANCE CAUSING A HARDSHIP.
STAFF RECOMMENDS APPROVAL WITH CONDITIONS OF V 2556, A REQUEST FOR RELIEF FROM SECTION 9.2.3.8.1 TO CONSTRUCT A RETAINING WALL WITHIN THE 50 FOOT STREAM BUFFER AT THE REAR OF THE PROPERTY WITH THE FOLLOWING CONDITIONS ONE THAT THE RESTORATION AND MITIGATION PLAN BE APPROVED BY THE DIRECTOR OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND TWO THE CONSTRUCTION BE SUBSTANTIALLY SIMILAR TO THE PROVIDED SITE PLAN. THANK YOU.
THANK YOU, LEONARD WILLIAMS AND IS THERE ANYONE HERE TO SPEAK ON BEHALF OF THE APPLICANT? WOULD YOU APPROACH THE PODIUM AND STATE YOUR NAME AND YOUR ADDRESS? GOOD AFTERNOON. I'M ANDREW WARD REPRESENTING BUCKHEAD LANDSCAPE AND DESIGN. YOU NEED MY HOME ADDRESS OR THE ADDRESS FOR THE PROPERTY? I'M NOT THE HOMEOWNER. I'M THE CONTRACTOR. YOU CAN GIVE YOUR
[00:10:05]
BUSINESS ADDRESS. OKAY. 3270 LAVENDER DRIVE, CHAMBLEE, GEORGIA. OKAY. THANK YOU. AND YOU'RE REPRESENTING BUCKHEAD LANDSCAPE AND DESIGN. OKAY. NOW YOU CAN PROCEED. OKAY. THANK YOU FOR COMING HERE TODAY. I'M REALLY GOING TO REPEAT A LOT OF WHAT LAQUITA MENTIONED. WE ARE RESPECTFULLY REQUESTING THE CITY'S CONSIDERATION OF A VARIANCE UNDER SECTION 9.2, POINT FOUR, POINT B, POINT ONE, BECAUSE THE PHYSICAL CONSTRAINTS OF THE PARCEL, SOIL CONDITION HOUSE LOCATION EXISTED PRIOR TO DECEMBER 12TH OF 2005, AND ABSENT INTERVENTION, THE HOUSE AND ADJACENT NATURAL AREA WILL FACE CONTINUED DAMAGE GIVEN THE UNIQUE SLOPE AND SUBSURFACE CONDITIONS AT AT THIS REAR YARD, STRICT COMPLIANCE WITH THE 50 FOOT UNDISTURBED BUFFER WOULD PRECLUDE ANY PRACTICAL MITIGATION OF THE ONGOING SOIL MOVEMENT. FROM A WATER QUALITY AND EROSION CONTROL STANDPOINT. THE CONDITION OF THE SITE TODAY IS DEGRADING THE BUFFER FUNCTION. OUR STABILIZATION PLAN WILL RESTORE AND ENHANCE THE BUFFERS PERFORMANCE. OUR PROPOSED SOLUTION IS THE MINIMUM VIABLE INTRUSION INTO THE BUFFER, WITH THE RETAINING WALL ALIGNMENT CLOSELY FOLLOWING THE EXISTING TOE OF SLOPE. TO REDUCE DISTURBANCE. WE BELIEVE THIS PROJECT, WITH THE PROPOSED MITIGATION AND MONITORING PLAN, WILL LEAVE THE BUFFER IN A CONDITION THAT IS AS PROTECTIVE, OR MORE SO THAN IF THE WALL WERE BUILT OUTSIDE THE BUFFER, BUT PERMITTED. THE FAILURE TO CONTINUE UNABATED.THAT IS ALL. OKAY. THANK YOU SIR. THANK YOU. IS THERE ANYONE HERE TO SPEAK IN SUPPORT OF THE APPLICANT? ANYONE HERE TO SPEAK IN OPPOSITION? YOU MAY BE SEATED, SIR. THANK YOU. WE'LL CLOSE THE PUBLIC PORTION OF THE HEARING NOW, AND WE'LL DELIBERATE AS A BOARD. EXCUSE ME, MADAM CHAIR. THERE IS NO COMMENTS. COMMENT CARDS THAT WAS DELIVERED. OKAY. NO COMMENT CARDS, NO OPPOSITION AND NO ONE IN SUPPORT. OKAY. CLOSE THE PUBLIC PART OF THE HEARING AND WE'LL DELIBERATE AS A BOARD. ARE THERE ANY QUESTIONS FOR THE APPLICANT OR STAFF? YEAH, I HAVE ONE. LAKITA CAN YOU PULL UP THE THE PAGE WITH THE BLUE AND THE PINK WALL? SO JUST SO I UNDERSTAND WHAT I'M LOOKING AT, IT SOUNDS LIKE WE'RE DOING THREE THINGS. WE'RE REPLACING AN EXISTING FAILING TIMBER WALL. NUMBER TWO, WE'RE PUSHING IT BACK FROM THE HOUSE A COUPLE FEET. AND NUMBER THREE, WE'RE EXTENDING IT ALONG THE ENTIRE BACK OF THE HOUSE. RIGHT NOW IT LOOKS LIKE IT'S ONLY ABOUT HALF OF THE HOUSE. CORRECT. OKAY, SO THOSE THREE THINGS, MAYBE IT WAS IN THE LITERATURE AND I JUST DIDN'T READ IT. WHAT IS THE MATERIAL OF THE NEW WALL? THIS WOULD BE A BELGARD BLOCK WALL. THAT'S WHAT I THOUGHT. YOU WOULD HAVE TO COME. PLEASE COME BACK TO THE MIC SO IT CAN BE PICKED UP. WHILE YOU'RE WALKING UP, I'LL ASK THE QUESTION AGAIN. I ASSUMED IT WASN'T GOING TO BE ANOTHER TIMBER WALL. I WAS ASSUMING IT WAS A LONG TERM SOLUTION. YEAH, IT WAS A MODULAR BELGARD BLOCK WALL. THAT'S WHAT I THOUGHT.
OKAY, YOU WANT ME TO STAY UP HERE? WELL, IS THERE ANY OTHER QUESTION FOR THE APPLICANT? I DON'T THINK SO. I JUST WANTED TO UNDERSTAND THOSE WITH THE THREE THINGS THAT WE'RE DOING.
SO ANOTHER QUESTION. TURN YOUR MIC ON PLEASE FOR THE CONDITION IF FOR APPROVAL. SO IS YOUR COMPANY WILL BE ABLE TO I'M SURE YOU READ WHAT THE CONDITIONS FOR APPROVAL ARE.
CAN YOU MAYBE EXPAND ON THAT? LIKE ARE YOU ABLE TO DO THAT? ALL THAT, THE ENTIRE CONSTRUCTION, THE CONDITIONS, THE CONDITION, THE TWO CONDITIONS, YOU KNOW, WHAT ARE WHAT ARE YOU EXPLAIN YOUR MITIGATION PLAN, BASICALLY YOUR RESTORATION AND MITIGATION. I GRAB MY PACKET RIGHT QUICK. ABSOLUTELY. SO YOU'RE TALKING ABOUT THE RESTORATION AND MITIGATION PLAN THAT HAS TO BE APPROVED. AND FOR YOU TO EXPLAIN THAT, PLEASE. YEAH. SO POST CONSTRUCTION OF THE WALL, THAT ENTIRE STEEP SLOPE, THAT TOW SLOPE, THAT'S ALL GOING TO HAVE JUTE MESH AND THAT'LL BE PLANTED WITH GROUND COVER TO HELP RESTABILIZE THE SLOPE AFTER THAT'S DONE. I DON'T BELIEVE IN THE SITE PLAN. THERE WAS ANY REQUIRED WATER QUALITY CONTROL, BUT IF THE BOARD FEELS OTHERWISE, HAPPY TO INCLUDE THAT. BUT THAT'S THAT'S PRETTY MUCH IT ON THAT PART. AND SO LET ME MAKE SURE I UNDERSTAND THE RESTORATION AND MITIGATION DOESN'T INCLUDE THE WATER QUALITY CONTROL. CORRECT? CORRECT. BUT YOU'RE WILLING TO INCLUDE THAT IF THE BOARD. SO ADDS THAT AS A CONDITION, IF THEY REQUIRE IF THEY REQUIRE
[00:15:02]
THE ADDITIONAL IMPERVIOUS SURFACE THAT WE'RE ADDING, I DON'T THINK THAT SETS IT OVER WHAT THE LIMIT IS THAT WOULD REQUIRE THAT. BUT IF IT IS NEEDED, ABSOLUTELY. WE CAN INCLUDE THAT. ALL RIGHT. THANK YOU. ANY OTHER QUESTIONS FOR THE APPLICANT, SIR, SINCE YOU BROUGHT IT UP, WHAT IS WATER QUALITY CONTROL. EXPLAIN THAT. SO ESSENTIALLY LIKE A FLOW WELL SYSTEM, IF WE WERE DISPLACING SO MUCH WATER ON A PROPERTY THAT IT WOULD CAUSE AN OVERFLOW IN OTHER AREAS OR OTHER PROPERTIES, SPECIFICALLY THE STREAM BUFFER, YOU KNOW, WE WOULD TRY TO FILTER THAT OUT SO THAT WE'RE NOT OVERLOADING THAT. AND THE CONSTRUCTION COULD BE SIMILAR TO WHAT WAS LISTED IN THE SITE PLAN. YES, MA'AM. IF WE WERE TO APPROVE. CORRECT.DOES ANYONE ONE OF THE BOARD WANT TO REQUIRE THE THE WATER CONTROL PLAN? OKAY. IS THERE A MOTION? YOU CAN HAVE A SEAT, SIR. IF THERE'S NO OTHER QUESTIONS. ANY OTHER QUESTIONS FOR STAFF? OKAY. IS THERE A MOTION? I'LL MAKE ONE. OKAY. I MAKE A MOTION TO APPROVE WITH CONDITIONS VARIANCE V 2556 TO REQUEST RELIEF FROM SECTION 923A1 TO CONSTRUCT A RETAINING WALL WITHIN A 50 FOOT STREAM BUFFER AT THE REAR OF THE PROPERTY. WITH THESE TWO CONDITIONS THAT ARE LISTED HERE ON THE SCREEN, I WON'T READ THEM, BUT WITH THOSE TWO, CAN YOU CAN YOU READ THEM SO I CAN PUT THEM INTO THE RIGHT THAT THE RESTORATION AND MITIGATION PLAN BE APPROVED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT, AND THAT THE CONSTRUCTION BE SUBSTANTIALLY SIMILAR TO THE PROVIDED SITE PLAN ON JANUARY 14TH OF 26.
RECEIVED JANUARY 14TH, 26, JANUARY 1426 PREPARED BY SURVEY LAND EXPRESS INCORPORATED AND STAMPED BY EUGENE. OKAY. IS THERE A SECOND? ALL THOSE IN FAVOR, SAY AYE. AYE. CHAIR VOTES AYE. IT'S UNANIMOUS. THE STAFF'S RECOMMENDATION FOR APPROVAL HAS BEEN UPHELD. THANK
[VI. Ongoing Business ]
YOU. SIR, IS THERE ANY ONGOING BUSINESS? SO, YEAH, I JUST WANTED TO WELCOME WELCOME GEOFFREY HOWE TO THE BOARD OF APPEALS. THANK YOU FOR YOUR SERVICE OR WHAT YOU WILL BE SERVING. AND ALSO THANK YOU ALL FOR ATTENDING OUR RETREAT MARCH 20TH. THIS IS OUR FIRST MEETING SINCE THEN, SO THANK YOU ALL AND LET US KNOW WHAT YOU THINK. WELL DONE. ANY OTHER ONGOING BUSINESS? ANY NEW BUSINESS? WELL, CAN WE GET A MOTION TO ADJOURN? SO MOVED. IS THERE A SECOND? SECOND. ALL THOSE IN FAVOR, SAY AYE. AYE. CHAIR VOTES* This transcript was compiled from uncorrected Closed Captioning.