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ECCA ZONING ACTIVITY
Past Zoning, Variance, and OBI Updates
Board of Zoning Appeals Variance Hearing, January 10, 2024
V-5 (January 2024): The property located at 744 Butlers Gate, Marietta, GA, is in the Hampton Woods subdivision. The Applicant requests 1) a variance to allow an accessory structure (existing shed), 2) to reduce the side setback for this accessory structure from five to zero feet, and 3) to allow another accessory structure (proposed Gazebo) to be placed at the front of the property.
ECCA took no position on the request for variances 1 and 2. However, variance 3 showed the proposed Gazebo would be located in a “25’ State Water Buffer” along the pond behind the Applicant’s property. In addition, the proposed location of the Gazebo abuts common property owned by Hampton Woods HOA and the HOA has been actively discussing plans to repurpose this common property for the collective enjoyment of the neighborhood. With this in mind the HOA requested that the Board of Zoning Appeals (BZA) require strict adherence to all set back regulations regarding the gazebo.
ECCA’s initial recommendation on the variance for the Gazebo was denial. However, 1½ hours prior to the BZA Hearing, ECCA was informed that the “25’ State Water Buffer” was not really applicable, and did not exist in this case due to a “sea wall” on the Applicant’s property. ECCA changed its recommendation and requested that the BZA require the Applicant to abide by all setbacks and that the Applicant adheres to its HOA’s bylaws and covenants for his property.
BZA APPROVED all 3 variances requested in V-5 5-0
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