Board of Zoning Appeals Agenda

Board of Zoning Appeals Regular Meeting http://www.roswellgov.com/ ~Agenda~ Chair Jahanzeb Jabbar Vice Chair Mark Schumacher Board Member John Hannah Board Member G. Wilson "Rocky" Horde Board Member Rob Huey Board Member Ian Kowalski Board Member Dan Seger Thursday, October 16, 2025 7:00 PM City Hall - Council Chambers \ Possible Quorum of Mayor and City Council \* Welcome - I. Call to Order - II. Agenda Items - 1. BZA20253920 - Mission Hills Court/ Liberty Square Park – Stream Buffer Variance - III. Minutes - 2. September 9, 2025 BZA Minutes - IV. Adjournment**

City of Roswell Board of Zoning Appeals AGENDA ITEM REPORT ID # - 10111 MEETING DATE: October 16, 2025 DEPARTMENT: Board of Zoning Appeals ITEM TYPE: Public Hearing BZA20253920 - Mission Hills Court/ Liberty Square Park Item Summary: Request for a Stream Buffer Variance Staff Recommendation: Staff recommends approval of the variance to encroach into the ft undisturbed buffer and foot impervious setback. Presented by: Osmany Ordóñez Updated: 10/9/2025 11:27 AM Page 1

MEMO To: Roswell Board of Zoning Appeals From: Osmany Ordóñez, CPESC, CFM, Engineering Manager Date: 09/17/2025 Subject: BZA20253920, Liberty Square Park Background: The applicant is the City of Roswell Recreation and Parks Department. The property is zoned as REC (Parks and Recreation). The lot size is 4.11 acres public park site located on Mission Hills Court in Roswell and identified as tax parcel 12 -5. The applicant is requesting from the Board: a variance to encroach into the 100 ft Undisturbed Stream Buffer and foot City ImperviousSetback. Public Comments: There were no public comments at the time this report was submitted. Factors for determining buffer variance approval: The following factors are considered in determining whether to issue a variance to the city undisturbed stream buffer or city impervious setback: a. The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property. The property features an irregular shape with gently sloping terrain that descends from west to east. There is one perennial stream located along the rear of the property near the property line. The perennial stream is bordered by multiple protective zones: a foot undisturbed State buffer, a foot undisturbed City buffer, and a foot impervious surface setback. The parcel presents several environmental challenges, including wetlands, a year FEMA floodplain, and the aforementioned stream corridors. Access is currently provided by a gravel driveway off Mission Hills Court, leading to a spacious lawn area dotted with mature trees. b. The locations of all streams on the property, including along property boundaries. There is a perennial stream located along the rear of the property flowing west to east. When the stream buffer, impervious setback, and existing wetlands are taken into account, the buildable area is significantly reduced. c. The location and extent of the proposed buffer or setback intrusion. The proposed intrusion in the City undisturbed buffer is approximately 15,000 SF. The majority of the encroachment inside the 100 ft. undisturbed stream buffer is for a children's play area and an enhanced swale to treat stormwater. A small portion of the proposed trail and pavilion building lies within the ft. undisturbed buffer. Approximately 6,900 SF of impervious surface is proposed to encroach in the ft impervious setback for the pavilion and restroom building as well as a portion of the trail. No encroachment into the GA EPD ft.

undisturbed stream buffer or the wetlands is proposed. d. Whether alternative designs are possible which require less intrusion or no intrusion. An alternative plan with no site intrusion was considered, but it would place facilities at the rear of the site, beyond reasonable visibility and emergency access, creating unsafe conditions. Moreover, the park design process involved multiple consultants and a well-attended public input meeting, resulting in a final design that includes features like an open lawn area for neighbors to enjoy sports and recreation. This alternative plan, by locating facilities in the middle of the lawn, would reduce the usability of that space. e. The long-term and construction water-quality impacts of the proposed variance. The applicant does not anticipate any negative impacts to the stream, property, or adjacent properties from the encroachments. The variance requested by the applicant is the minimum necessary to achieve the goals of the community for the best use of this park site. Efforts have been made to locate impervious features and structures far from the stream and wetlands. f. Whether issuance of the variance is at least as protective of natural resources and the environment. Stormwater mitigation for the encroachment areas is provided which exceeds 150% of the water quality volume typically required for the improvement in this area. A tree protection and landscape plan which minimize disturbance to the existing trees and provide a robust replanting sight 96% native plant species are part of the proposed improvements as well. Staff Comments: Engineering – Approved Stormwater – Approved Tree –Approved Planning & Zoning - Approved Staff Recommendation: A literal interpretation of the stream buffer code would deprive the applicant of potential to utilize the REC zoned public park property within this community for its intended purpose and in a manner consistent with other similar City owned properties near existing streams and rivers. Staff recommends approval of the variance to encroach into the ft undisturbed buffer and foot impervious setback.

APPLICATION INTAKE In Person: 8:00 am - 4:00 pm By Email: planningandzoning@roswellgov.com Stream Buffer Variance Application Request to Board of Zoning Appeals or Administrative n application, please schedule a pre-application ment discuss the procedures, standards and re Type of Request: Single-Family Residential Non-Residential/Residential Subdivision □ Decks/Pools/Patios/Retaining Walls (ν Y N List requested variances: 1. request encroachment of up to 75% of the 100' undisturbed natural vegetated buffer for perennial stream (Sec 12.2.3.3.a) 2. request encroachment of up to 100% of the 50' no-impervious setback for perennial stream (Sec 12.2.3.3.b) 3 lanation is provided in the letter of inte e request package. ent attached to the CONTACTS No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. 100 No. Applicant/Representative Name/Company Name: Steven Malone, Director of Rec & Parks Address: 38 Hills Street, Suite 100 State CA 7: 20075 City: Roswell State: GA Zip: 30075 Email: smalone@roswellgov.com Phone: 3705 Property Owner Name/Company Name: The City of Roswell Address: 38 Hills Street, Suite 100 T City: Roswell State: GA Zip: 30075 Illianation and Colored to the Co Email: smalone@roswellgov.com Phone: 3705 , ,, mation provided herein is true and correct. Applicant Signature: Proper ty Owner or Owner's Representative Da te:

SIGNATURE PAGE READ CAREFULLY BEFORE SIGNING - I understand that failure to supply all required information (per the relevant Applicant Checklist and requirements of the Unified Development Code) will result in rejection of the application. - I understand that the application may not be approved if applicant plans to attend the Design Review Board meeting without required items or if the applicant presents plans that differ from submittal materials. - I understand that I will become familiar with applicable zoning code and Design Guidelines. I understand that failure to respond OR to submit deficient items within six months of receiving comments will result in THE APPLICATION BEING DEEMED AS WITHDRAWN BY THE CITY Date I hereby certify that all information provided herein is true and correct Date State: Zip: that all the above statements are true to the best of his/her knowledge Date I respectfully petition that this property be considered as described in this application. Wherefore, applicant prays that the procedures incident to the presentation of this petition be taken, and the property be considered accordingly. Additionally, applicant further acknowledges and fully understand all above statement made by the City of Roswell. NOTARY: Personally appeared before me the above applicant or representative named who on oath says that he/she is the applicant or representative for the foregoing, and

HOW TO REQUEST A VARIANCE BEFORE THE BOARD OF ZONING APPEALS If you cannot meet all the standards and regulations of the Roswell Unified Development Code, you may present your request for a Variance before the Board of Zoning Appeals. A Variance is a relaxation of the strict terms of the Unified Development Code (such as height, setbacks, parking or other regulations) for a specific property, to permit construction that would otherwise be prohibited because of the particular physical surroundings, shape or topographical conditions. Variances are covered in the Section 13.11 "Variance" of the Roswell Unified Development Code. You must present your request to the Board in the form of a hardship that you will experience if the strict application of the zoning regulation is enforced. In granting a Variance, the Board of Zoning Appeals may impose requirements and conditions to protect adjacent properties and the public interest. Any application for a Variance must be supported by written verification of that: - When a property's shape, topography or other physical conditions existing at the time of the adoption of this ordinance prevents land development unless a buffer variance is granted. - Unusual circumstances when strict adherence to the minimal buffer requirements in the ordinance create an extreme hardship. In making this determination, the Board of Zoning Appeals considers the following criteria: - A literal interpretation of the provisions of this UDC would effectively deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located. - 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. - Whether issuance of the variance is at least as protective of natural resources and the environment. . REQUESTING AN ADMINISTRATIVE VARIANCE An Administrative Variance is similar to a Variance in that it also grants relief from the strict requirements of the Unified Development Code. An Administrative Variance does not require a public hearing. The Engineering Director may "administratively" vary or waive any of the certain requirements as outlined in Section 12.2.3.B of the Unified Development Code. Details are covered on the Variance Checklist.

VARIANCE CHECKLIST - 1. Completed and signed application form. - 2. Payment of applicable fee. - 3. Letter of Intent: - Describing the requested variance(s); and - Describing how the proposed action meets the criteria for granting of a variance as established in Article 13.11.17 of the Roswell Unified Development Code. - 4. One to-scale copy of a survey sealed by a surveyor or a site plan, which must contain the required items related to the variance request. - Metes, bounds, and dimensions. - Bearings and distances. - The locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated. - Documentation of unusual hardship should the buffer be maintained. - A calculation of the total area and length of the proposed intrusion. - A stormwater management site plan, if applicable. - Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must include an explanation of why none is being proposed. - Other information required by the Engineering Director. - 5. Digital copy of all required documentation. ADMINISTRATIVE VARIANCE CHECKLIST - 1. Provide the proposed site plan with proposed request containing: - Printed name(s) of abutting property owner(s); - Address of the abutting property owner - 2. Digital copy of all required documentation. Fee Schedule – Board of Zoning Appeals Stream Buffer Variance Non-Residential/Subdivision \$350 Stream Buffer Variance Single-Family Residential \$250 Administrative \$100 *Advertising \$300

September 15, 2025 Roswell Board of Zoning Appeals 38 Hill Street, Suite G-30 Roswell, GA 30075 RE: Variance requests for Liberty Square Park To Whom it may concern, This document is to serve as the Letter of Intent for stream buffer variance requests associated with the development of Liberty Square Park, a 4.2 acre public park site located on Mission Hills Court in Roswell and identified as tax parcel 12 -5. Liberty Square Park is a proposed public park located in the City of Roswell. Roswell staff identified that this undeveloped, City owned parcel was eligible for grant funding from ARPA. A grant was applied for and won, and the purpose of the grant was to improve this park for the use of Roswell citizens in this underserved area and based on their public input and recommendations. Through an intensive design process involving the City of Roswell, numerous consultants, and including a well-attended public input meeting, park improvements took shape into a final design that provides features which will bring excitement and opportunity for residents to take pride in and to enjoy this public space. The parcel itself presents numerous environmental challenges, including wetlands, floodplain, and streams. The consultant team is navigating the correct processes and engineering practices to minimize environmental impacts, and much of the existing character of the parcel will remain intact. An existing perennial stream running through the site is avoided, but this letter serves to request variances related to City stream buffers and park improvement impacts. A request is made to permit encroachment of up to 75% into the 100' undisturbed vegetative buffer for a perennial stream as described in Section 12.2.3.3.a. An additional variance is requested to permit encroachment of up to 100% of the 50' no-impervious setback as described in Section 12.2.3.3.b. The applicant posits that the variance requests are reasonable and justifiable per the City criteria for variances as stated in Section 13.11.7 of the Roswell Municipal code for reasons as follows: A literal interpretation of the stream buffer code would deprive the applicant of potential to utilize the REC zoned public park property within this community for its intended purpose and in a manner consistent with other similar City owned properties near existing streams and rivers.

Granting this variance request will not confer special privileges that are denied other property owners in the REC district, as this district is designated for City owned facilities which are typically used for parks and recreation. The request for variance will be in harmony with the purpose and intent of this zoning code, as the work will benefit the neighborhood by pursuing the community requested and or endorsed design features from the public input meeting. Special circumstances which necessitate the variance are not resulting from the actions of the applicant; the lot configuration and proximity to the perennial stream is a pre-existing condition which results in buffers covering large parts of the usable land and alternate planning options resulting in unsafe conditions where facilities would be placed in the rear of the site beyond reasonable visibility and access for emergencies. This unusual hardship requires variances to place facilities in a safe location near Mission Hills Court. The variance requested by the applicant is the minimum necessary to achieve the goals of the community for the best use of this park site. Efforts have been made to located impervious features and structures far from the stream itself. The uses depicted are permitted by right in the zoning district. The variance is not requesting an unlawful use of land, building, or structures per code, nor does it reduce the lot size or signage standards from those permissible in code Stormwater mitigation for the encroachment areas is provided which exceeds 150% of the water quality volume typically required for the improvement in this area. A tree protection and landscape plan which minimize disturbance to the existing trees and provide a robust replanting sight 96% native plant species are part of the proposed improvements as well. Liberty Square Park has the potential to become one of the next great public spaces in the City of Roswell's park system. As funding is time sensitive in nature, construction is anticipated to begin in late 2025 with completion in October 2026. Consideration of the variances requested is appreciated.

LIBERTY SQUARE PARK EXISTING CONDITIONS PLAN Roswell georgia SOURCE: BOUNDARY AND TOPOGRAPHIC SURVEY FOR 1280 MISSION HILLS COURT, BY COLUMBIA ENGINEERING & SERVICES, LLC 09/15/25 EXISTING PERENNIAL STREAM (ARROYO) OWNER: BRADFORD PROPERTIES INC OWNER: ERANDI CONSTRUCTION SERVICES LLC ADDRESS: 1305 WORTHINGTON HILLS DRIVE, ROSWELL GA 30076 OWNER: 2017 1 IH BORROWER LP ADDRESS: 1270 MISSION HILLS COURT ROSWELL GA 30076 CITY OF ROSWELL ADDRESS: 38 HILL STREET ROSWELL GA SUBJECT PARCEL: ±4.09 SC PARCEL NO.: 12 228005620085 CITY OF ROSWELL, FULTON COUNTY OWNER: CITY OF ROSWELL PARCEL ADDRESS: 1280 MISSION HILLS COURT OWNER ADDRESS: 38 HILL STREET ROSWELL GA 30076 NAFDOF03 LLC ADDRESS: 1305 MISSION HILLS COURT ROSWELL GA OWNER: CONTRERAS J EFRAIN & DE LIRA MEDRANO MA DEL REFUGIO ADDRESS: 1295 MISSION HILLS CT ROSWELL GA ( IN FEET ) 1 inch = 30 ft. OWNER: CITY OF ROSWELL ADDRESS: 38 HILL STREET ROSWELL GA 30076

City of Roswell Board of Zoning Appeals AGENDA ITEM REPORT ID # - 10105 MEETING DATE: October 16, 2025 DEPARTMENT: Board of Zoning Appeals ITEM TYPE: Minutes September 9, 2025 BZA Minutes Item Summary: September 9, 2025 BZA Minutes Updated: 10/7/2025 3:37 PM Page 1

Board of Zoning Appeals Regular Meeting http://www.roswellgov.com/ ~Minutes~ Chair Jahanzeb Jabbar Vice Chair Mark Schumacher Board Member John Hannah Board Member G. Wilson "Rocky" Horde Board Member Rob Huey Board Member Ian Kowalski Board Member Dan Seger Tuesday, September 9, 2025 7:00 PM City Hall - Council Chambers \ Possible Quorum of Mayor and City Council \* Welcome I. Call to Order The meeting was called to order at 7:04 PM by Chair Jahanzeb Jabbar. Chair Jahanzeb Jabbar: Present, Vice Chair Mark Schumacher: Present, Board Member John Hannah: Present, Board Member G. Wilson "Rocky" Horde: Absent, Board Member Rob Huey: Present, Board Member Ian Kowalski: Present, Board Member Dan Seger: Present, Planning and Zoning Director Jeannie Peyton: Present, Planner II Richard Sykes: Present. II. Agenda Items 1. BZA20252054 – 12250 Brookfield Club Drive – variance to reduce the rear & side setbacks for a sport court (previously deferred) RESULT: DENIED [5 TO 1] MOVER: John Hannah, Board Member SECONDER: Mark Schumacher, Vice Chair IN FAVOR: Kowalski, Hannah, Schumacher, Seger, Huey OPPOSED: Jahanzeb Jabbar ABSENT: G. Wilson "Rocky" Horde 2. BZA20252958 – 9410 Willeo Road – variance requests to parking regulations Approved per Staff recommendation of the following condition: a. That the final site plan adheres to Transportation requirements. RESULT: APPROVED [5 TO 1] MOVER: Ian Kowalski, Board Member SECONDER: John Hannah, Board Member IN FAVOR: Kowalski, Jabbar, Hannah, Seger, Huey OPPOSED: Mark Schumacher ABSENT:** G. Wilson "Rocky" Horde

Regular Meeting Tuesday, September 9, 2025 7:00 PM III. Minutes 3. August 12, 2025 BZA Minutes RESULT: APPROVED [UNANIMOUS] MOVER: Dan Seger, Board Member SECONDER: Rob Huey, Board Member IN FAVOR: Kowalski, Jabbar, Hannah, Schumacher, Seger, Huey ABSENT: G. Wilson "Rocky" Horde IV. Adjournment The meeting was adjourned at 8:51 PM.