City of Powder Springs - File #: PZ 25-001

• File #: PZ 25-001
• Version: 1
• Type: Administrative Appeal
• Status: Public Hearing
• File created: 1/2/2025
• In control: City Council
• On agenda: 1/21/2025
• Title: Appeal of Administrative Decision related to the Community Development Department's denial of a building permit request for a perimeter fence. Nature Walk Subdivision, located at Story Road within land lots 882, 883 of the 19th District, 2nd Section, and Cobb County, Georgia. PINs: 19088300010 & 19088200380.
• Related files: PZ 22--004, ORD 22 -002, PZ 24-033

CASE NUMBER:   PZ 25 - 001.

APPLICANT: David Pearson Communities, Inc. Represented by Kevin Moore.

APPEAL: Appeal of Administrative Decision related to the Community Development Department's denial of a building permit request for a wooden perimeter privacy fence.

LOCATION: Naturewalk Preserve Subdivision. 5550 and 5556 Story Road, within land lots 820, 821, 883, 882 of the 19th District, 2nd Section, and Cobb County, Georgia.

ZONING: PUD-R        ACRES:   49.77 acres           PINs: 19088300010, 19088200380.

BACKGROUND: On April 18, 2022, City Council approved PZ 22-004 for the development 117 unit detached subdivision on 49.77 acres. It is now known as Naturewalk Preserve Subdivision.

On September 16, 2024, the City Council approved PZ24-033 to allow private streets and a controlled access gated subdivision at Naturewalk Preserve. The applicant proposed an 8’ entrance masonry wall with 6’ decorative aluminum fence around the perimeter of the subdivision. However, an 8’ wooden privacy fence was installed where the 6’ aluminum fence was supposed to be - see figure 1.

The applicant is appealing the administrative decision by the Community Development Department to deny a building permit request for the 8-foot wooden privacy perimeter fence. The denial was issued as the fence did not comply with the design specifications previously approved by City Council under case PZ24-033. The fence was constructed without obtaining the required permit, resulting in a stop work order and associated code violations.

The applicant asserts that the wooden fence, which replaced the previously approved aluminum wrought-iron-style fence, represents a significant upgrade in quality and design. They emphasize that the wooden "board-on-board" privacy fence, valued at $49,170, offers enhanced aesthetics and functionality, including a "finished side" design, horizontal board placement, and improved sound and light reduction capabilities. The lower quality aluminum option would have been cheaper at a cost of $34,216. The applicant further highlights the substantial investments made to upgrade the overall appearance of the development, including other site improvements such as decorative masonry walls, entrance enhancements, and landscaping upgrades, with the intent of ensuring the community meets the high standards of a "Five-Star" residential development.

The applicant requests that the city allow the 8-foot wooden privacy fence to remain as installed, contending that it is in line with the vision for a premier development and significantly enhances the road frontage appearance.

The applicant provided the following response to staff’s request to add masonry columns / pillars to the wooden privacy fence, at 40’ intervals along the Story Road frontage:

In evaluating with the applicant, the pillars would be a very expensive addition.  The applicant has spent nearly one million on the entrance walls, fencing and gates along both sides of Story Rd.  Also, per the entrance landscaping plan there will be substantial tree plantings along the road and in front of the fence (178 trees).  Lastly, the fence will be stained or painted a dark color further mitigating the overall effect.  Adding brick pillars would seem to be unnecessary, very expensive and really not seen given the amount of tree plantings and overall landscaping.

Figure 1. Approved metal fence (left) vs wooden privacy fence installed (right).

Figure 2. Sample of Existing Conditions.

Figure 3. Masonry entrance wall sections are compliant as installed.

Figure 4. Wall and fence location site plan.

Figure 5. Entrance Planting Plan. Full version attached to case documents.

SURROUNDING AREA: Residential uses predominate in the surrounding area. The Cameron Springs Subdivision, zoned R-15 (Cluster, City) is adjacent to the north and east along Story Road. Adjacent to the east is the Jones Reserve Subdivision - Conservation Subdivision zoning in the county. Adjacent to the South is the Powder Springs Chase Subdivision - R-30 (County). Adjacent to the west are large residential lots with frontage on Hiram Lithia Springs Road, zoned R-30 (County).

Figure 6. Vicinity Map. Subject site highlighted. Yellow denotes Powder Springs city limits.

Figure 7. Overall Site Plan

Staff Comments:

Community Development has denied the design of the fence as it exists today. An alternative solution may be considered by the Mayor and Council should improvements to the existing fence be completed.

While the construction of the fence occurred without a permit, the applicant has demonstrated good faith by addressing this oversight and working with staff to resolve the issue.

Additionally, the applicant claims that the upgraded fence provides benefits to neighboring properties and residents of the subdivision, including increased privacy and reduced impacts from vehicle headlights and noise.

If Mayor and Council were to consider approval, staff recommends the following conditions. 

1.                     The applicant shall obtain a building permit and complete required inspections for the wooden fence.

2.                     The applicant shall complete enhanced landscaping and entrance enhancements, subject to the review and approval of a revised entrance landscaping plan by the Community Development Department.

3.                     The wooden fence lines along the Story Road frontage shall be enhanced with masonry columns, similar in design and materials of those at the entrance. The masonry columns are to be installed at intervals no greater than 40-feet, subject to review and approval by the Community Development Department. This is to break up the monotony of long sections of wooden fencing, to ensure aesthetic continuity, and to further enhance the overall appearance of the development.

4.                     The HOA shall be responsible for the ongoing maintenance of the wooden fence and associated landscaping.