CASE NUMBER: PZ 23-009
APPLICANT: Minh Nguyen and Craig Hawkins
VARIANCE REQUEST: To vary Section 8-23 of the UDC to the reduce impervious surface setback of an accessory building expansion.
LOCATION: 3152 Brooks Lane
ZONING: R-20 ACRES: 5.62 acres PIN: 19072500120
Staff Recommendation: APPROVAL
BACKGROUND: The applicant was granted a variance (PZ 23-003) on February 6th, 2023 to construct a 4,800 square foot accessory building, expanding the current site of the existing shed. The applicant began construction of the expanded structure without proper review and permitting. During the permitting process it was discovered that a stream, not previously delineated, exists on the property. The 75-foot impervious surface setback impacts the proposed site of the expansion 4,800-sf structure.
The subject site is encumbered by floodplain, stream buffers, and a sanitary sewer easement. The proposed location of the expansion structure attempts to develop on the limited developable area available, but the recent discovery of additional water ways resulted in a portion of the structure's footprint falling within the impervious surface setback. Section 8-23 of the UDC provides that all land development activity shall meet the following requirements:
a. Buffer. An undisturbed natural vegetative buffer shall be maintained for 50 feet,
measured horizontally, on both banks of all streams, as measured from the
top of the stream bank.
b. Impervious surface setback. An additional setback shall be maintained for 25 feet,
measured horizontally, beyond the undisturbed natural vegetative buffer, in which all
impervious cover shall be prohibited. Grading, filling, and earthmoving shall be
minimized within the setback.
Georgia did not have a law regarding stream buffers until 1975. Local stream buffers and impervious setback were not required until 2004. Powder Springs adopted the Atlanta Regional Commission's Metropolita...
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