Board of Zoning Appeals Meeting
Video Transcript
Duration: 30 minutes
Speakers: 10
Alright. Meeting is called to order at
7PM
on 06/10/2025.
Good evening. My name is Jahazeb Jabbar, and it is my pleasure to welcome you to the board of zoning appeals.
This board consists of Roswell residents appointed by the mayor and approved by city council.
We serve voluntarily
and without compensation.
This board has a final say on tonight's applications.
We have three.
App appeals must be filed within thirty days with the Superior Court of Fulton County.
The agenda will be as follows. We will review each application,
and
the city representative
will present their report and a recommendation
if necessary.
The applicant will present their case. There will be time for public comments. We will limit
to two minutes per speaker
and relevant to the applications.
The speaker must state their name and address and speak clearly into the microphone.
The applicant may rebut if desired.
Board members may ask questions at any time,
and the board will deliberate
and vote. Simple majority decides.
Before I move on to
the regular agenda,
I would like to address,
agenda item number two, b z a twenty twenty five
one five nine five,
a k a two ninety Broadmeadow Cove.
That application,
upon the city's request, we would like to defer that application.
Is there a motion from the board?
Mister Hanna makes a motion. What was your motion, please?
Make a motion that we accept the city's request for deferral BZA
20251595290
Broadmeadow Cove.
Okay. Do we have a second? I think I saw another hand. Yes. I'll second.
Rocky Hort seconds. So motion was by mister Hannah and mister Hort seconds.
And,
all in favor of
the deferment
yep. Unanimously
defer item number two on today's agenda.
With that said, we will proceed with item number one, which is BZA20250726,
AKA
550
Winfield Estates Court. The city may present.
Good afternoon, everybody.
Yes. So,
the one case that we will be,
taking tonight is BZA202502765550WinfieldEstatesCourt,
the variance to reduce the rear,
setback.
Some background.
This property is zoned to RS 18, single family residential,
and is 18,835
square feet in size.
It has a single road frontage off Winfield Estates Court and is part of the Winfield Estates subdivision.
The lot is located within a cul de sac and has an irregular shape.
The front yard consists of a driveway and lawn.
The backyard includes a lawn, a deck, which is to be replaced,
by a covered patio, a row of vegetation,
and a fence that screens a backyard from the subdivision
amenity area.
The rear 35 foot setback abuts the right the back of the house, and therefore, any roofed structure, such as a covered patio,
that is attached to the primary structure must receive a variance to the primary structure setbacks.
The existing deck encroaches
into the rear setback by approximately
15 feet, making it 20 feet from the rear property line.
Here is an aerial view. You can see the irregular shape of the lot.
Filling map,
as you can see, all the abutting wood, properties are RS 18.
The code requirement,
is UDC three two three detached house, number one letter g, rear, minimum principal building setback,
is 35 feet.
The Behrend's request, the applicant is seeking relief from UDC
three two three one g to reduce the rear setback
from the required 35 feet to 20 feet.
Here is the proposed site plan.
Hardship.
Due to the shape of the lot and the location of the house,
the rear of the house is located at the 35 foot rear setback line, severely limiting the amount of buildable space in the backyard.
The UDC grants property owners the right to maximize,
to the maximum usage and enjoyment
of their property.
The applicant is not able to utilize and enjoy their backyard in the same way that many other homeowners within RS 18 are able to.
The requested variance will be in harmony with the purpose and intent of the UDC, which is to promote the public health, safety, and general welfare of Roswell citizens.
The applicant
is a caretaker of her 91 year old mother who cannot utilize the current deck due to her sensitivity to the sun and heat.
The proposed covered patio will be built within the existing deck's footprint. Therefore, the amount of encroachment into the rear setback, rear setback will not increase.
Here is a view of the front of the house,
of the western view of the existing back deck looking west.
Here is a view of the back deck looking east.
This is the side yard of,
the property looking to the neighbor. As you can see, you cannot see the backyard of the neighbor.
Here is a view of the, other neighbor to the left of the existing of the, of the property,
looking to the existing deck. As you can see, you can barely see the, the deck there.
Here's a drawing of the proposed covered patio.
They will also be adding a,
fireplace.
Here's a rendering.
Another view.
Staff recommendation.
Staff recommends approval to reduce the risk setback from 35 feet to 20 feet.
Any questions?
Yeah. Jahazi,
can you go back to the overhead
with the setback lines?
Okay.
So is it that
the
oh, so it's twenty and twenty one. So there's only a slight difference between the the
oblong shape.
So it looks like
the structure is gonna be parallel to the property line? That's correct. Yeah. Yeah.
K.
Anything else? Oh, yes. Mister Kowalski, you're recognized.
Ian Kowalski.
Can you show
once again the existing patio? And then
I can see with a proposal here,
which goes up to the edge of
the house, and the existing deck does not go to the edge of the house. Correct?
Correct.
Did I see somewhere in here, and I'm quickly looking at it, or what did you say that one it was supposed to be
a one for one replacement of the same thumbprint
or something to that effect? It'll be built within the same footprint.
Same footprint, but yet
maybe I'm seeing this wrong. It looks like the drawing for the new patio goes to the edge of the house, and this patio this deck does not go to the edge of the house.
So a correction would be it it contains
the footprint.
So there's a significant expansion in the size of the
deck or patty the patio, which is replacing the deck.
Yeah.
Thank you.
And,
can you just a follow-up to that.
Can you
exactly point out
the length and the width expansion?
Yeah.
Okay. Yeah. You'll be able to put that. Yeah. Because it looks like
the the depth of the existing patio, if I can recollect, it looks like it's drawn on, but it's, 10
feet.
And
I believe it's 15 feet according to the Okay. Yeah. May maybe this drawing is kinda weird in the staff report.
Okay.
You're saying it's 15
deep and it's going from 15. It's staying at 15. It's just getting elongated?
Yes.
From what to 27?
21 is it 21?
Look at their
So the
so
there will be a patio to the
right, if you're looking at this, that will be uncovered.
That will be also within the deck footprint.
Oh, okay.
So I believe that's where that 27
comes from,
but the actual covered,
patio is 21 feet.
Okay. So there'll be six feet of uncovered
deck
in addition to oh, I see. That's that side thing. Okay.
Thank you. Mister Hord, you had a question? No. Oh, okay.
Kowalski,
any further questions? I'll wait. Okay. Great.
Any other questions or stat? Oh, yeah. Go ahead, mister Kowalski, you're recognized.
Mr. Kowalski, again.
I'm looking at this drawing with the packet, which looks
like an original drawing,
from
back when it was the house was built.
And it says concrete
or
or maybe that's just what no. It looks
it's very difficult to see this, but it looks like it says 10 feet is how far
the back deck or patio extends from the house.
Are you
Jenny Payton, planning and zoning director, are you referring to packet
six,
or it's labeled as proposed site plan with the
It's labeled site plan here. Yeah.
Page one of the site plan, which seems to be the old drawing. That says
15.
15
wide, and then it extends 10 feet
towards the fence is what I read. It's very it's very difficult for me to make out.
So I I I understand it does look like it says 10, but when I measure it, because it is to scale,
it did show up as 15 feet, and the applicant also provided,
documentation confirming that it is that the existing deck is 15 feet. So it's 15 by 15 is the correct measurement
of the existing?
If this
we don't
generally
gather information on what the existing is. We we gather information on what's the proposed.
So, I mean, you can see from the
mentioned. But then if you look go to your packet page 13, the proposed
covered patio, which is more of a
a floor plan view rather than a site plan,
It
shows 15 by 21
covered area,
and then it states demo existing 15 by 22 deck
hallway,
pour new 15 by 21
concrete patio,
install
15 by 22,
grow
something roof
with
Thank you.
Anything else for staff? No?
Okay.
Alright. We can move on to the applicant.
Hello?
It's been intimidating at all.
Just to explain the the shift.
Miss, do you mind stating your name and address just for the record? Yeah. Emmylou Jenkins.
Explaining the shift is because of the windows. In order to put the roof on, we have to shift by
six feet.
No. I don't know
what to say. I mean, we've been in the house for twenty two years,
and,
the deck has been there since we
house.
The first floor plan that were the first,
plan that we got was from Fulton County and
then annexed into Roswell. So some things shifted there.
But we believe that maybe because there was supposed to be a runoff behind there, that that might have been why we had the 35 foot, but there isn't a runoff off back there. So,
or if it is a run off,
it's not working.
The fence behind the backyard
is,
there's a hill behind it. And so if that is a runoff between
my property line and the pool,
it's down a hillways also. So
Any questions for
Alright. Thank you. Appreciate your time.
Alright.
At this point, we'll move to public comments if there are any.
Hello. My name is Chris Humphrey, and I
have
no real issue with what's here other than just tying up the ticking and tying facts, right, at the end of the day. So I don't have the con on moving
the slides around. But
this rendering shows
a porch that's 21 feet wide or 21 feet wide with the roof line. If you I think if you go back to the drawing of the overhead,
the proposed roof is 27 feet according to that. And if you go back to
the
plan the side plan with the I'm sorry, the plan with the fireplace,
it shows that at 21 feet,
proposed covered patio. So
I just like to make sure that things are ticked and tied. I think it's a great thing doing stuff for your mom. It's awesome. So, you know, at the end of the day,
I'm just a tick and tie guy. Thank you.
Yeah. Mister Hoard, you're recognized.
Rocky Hord.
So I'm a little confused. Is the
roof 27 feet in length or 21 feet in length?
I didn't quite make that out. 21.
Thank you.
Don't worry about it. We won't need it today.
Okay. So yeah. So it's 21 covered and then six feet uncovered
grand total of 27.
That's how I'm interpreting,
this, although there are drawings that conflict
the than that. Question for the staff then.
They would not need a variance to have
or even enlarge
an uncovered,
patio area. Correct? Because they that can that can encroach into the setback.
Correct.
So it's only the covered portion that they need
the variance for. That's correct.
Thank you.
Alright. I think we've exhausted
our questions.
Do we have a motion, or do we need to,
discuss anything
or clarify anything for staff?
Yep. Mister hue Huey, you recognize? Yeah. I'll make a motion to approve the, that setback variance for the roof
on B Z A 20250726.
Yeah. I do miss
so there's a motion.
Do we have a second?
No. We don't have a second. Okay. Would would you like to be I think maybe some of the consternation is would you like to be specific to a a page on here? Because there
are a few different,
pieces of information in the document,
conflicting ones. So
is this what you're,
moving to approve of what's on the screen? The the approval recommendation is for the variance related to the 21 foot roof,
over the 27
foot patio.
Okay.
Second. Alright. Mister Hanna. Second.
Discussion?
Just to ensure
that I understand the motion and that is
effectively, it's to approve the encroachment into the 35 foot setback
of the proposed 15 foot by 21 foot
covered patio
as depicted on the site plan before us. I think that Correct. That's that's my Would you like to yeah. Would you like to withdraw your motion so we can have
a a more concise and accurate because I think what we're
approving is the setback Mhmm.
With,
conditions
subject to conditions, and I think the conditions is as
depicted on the site plan here. Right. Right. So I'll withdraw my motion for approval.
Okay.
Mister Hoard, just, move. So as we've done in the past, rather than
permit
an encroachment
of, say, to, you know, 15 feet into the 35 foot setback line, it needs to be limited again to the footprint of what's proposed
so that we don't have a variance that runs the length of the property.
Yeah.
That's that's what I'm wanting to avoid. Okay. Yeah.
Feel free to,
make a motion if you'd like. Yes. I'd like to make a motion that the board approve the encroachment of the proposed
15 foot by 21 foot covered patio
into the 35 foot setback,
line
as depicted
on the site plan
presented to the board this evening.
Alright. And we have
a second, mister so that was moved by mister Hoard and seconded by mister Hannah.
Should we
so the site plan had a cup a cup a cup a couple of different drawings. What page is this,
that we might wanna be specific about the
site plan.
Would you like to revise it,
as per the site,
the the drawing indicating 21
foot roof.
Yeah.
That's the site plan. Right?
Yeah.
Okay. I think
yeah. That works.
Alright. I think we'll take a vote. I think that
So which to be clear, what are
So I think,
this one covers
the other thing. So if they wanna put a 27 foot roof,
that would be covered in this, but it looks like the applicant wants to put a 21
foot roof.
Yeah. So
is your is your intention to grant this one, which would allow a 27 foot roof, or would you wanna limit it to the 21 foot roof, mister Hord? I'd like to withdraw my motion as previously
Okay. Because we had some site plan confusion here.
Yes. Mister Seager, you're recognized.
Dan Seager.
Do we really need to concern ourselves with the width of the roof or
anything in that nature? We're here
here to vote on
a 15 foot
setback
adjustment.
Nothing else about the size of the roof, the size of the patio or any of that really does not come into play.
Would you like to address that as short term? We can concern ourselves. Yes, I understand. Either we either we
all we need to do is
provide either
an acceptance or non acceptance or denial
of a setback.
The the structure of the patio really doesn't come into play here,
as long as no part of that patio
infringes on what they're asking for.
Yeah. I think the concern with the which is why the motion was crafted this way. The concern was that we don't want to grant a blanket,
encroachment on the setback.
If we were to grant that, then the applicant could in the future
construct
something that runs the width of the house, and that's what that's what we or the length of the house. Excuse me.
Well, that's not what the applicant's here for, so we don't wanna grant a a blanket.
You know? I I yeah. That would that is some That would get covered at some point in time down the road if they decide they wanted to add a new structure. Right?
Sure.
Sure. That's not what the applicant is asking for. We can extend that, then we can say, sure. You you're you're granted a blanket, mister Kowalski, you're recognized. Yeah. Mister Jabara, I think you are right. The way it is phrased now,
if we
approved it as is,
the applicant at any time that this is forever,
we have granted a 15 foot encroachment into the setback, essentially making the setback 20 feet. And anything could be done in the backside of that house going into that area.
Would you mind repeating your motion? Because I don't think it's that way. It's Yeah. I don't think he did the opposite of that, but please restate your motion. Let me
excuse me. I'm sorry.
I actually withdrew my motion. Oh. Yeah.
And
I would propose an alternative. Bear with me.
So what we have on the screen before us
is,
I think packet page number 13. It's got a 2.1
a, none of which can you see on that screen, but that's how how it was presented
to the board.
So
with that in mind, I'd like to move that the board approve the encroachment
of the proposed
15 foot by 21
foot covered
patio into the 35 foot setback line
as depicted on
packet page 13.
And I think that's probably
Hannah seconds, you're on a streak, mister Hanna. Third time's a charm.
Alright.
Any more discussion? Yes, mister Kowalski. This is mister Kowalski. A question to staff. So that then
would allow the applicant
to build the structure that we see here
and also
expand
the width
of the of a patio
to a full 27 foot. So there's essentially six feet uncovered. They would be allowed to do that. Is that am I interpreting that correctly?
Yes.
Thank you.
Any other questions,
comments, concerns?
Alright. All in favor, right hand.
Unanimously
approved.
Congratulations, miss Joy.
Hopefully, you have an easier time building it.
Alright.
And
we're on to our
last agenda item.
Oh, app okay. Well,
applicant has requested a withdrawal. Alright. So I guess there's really nothing to move here. So the applicant has actually requested a deferral as of,
a couple days ago. We received an actual letter of deferral rather than withdraw. Okay. I guess they are considering other options.
I think there was just a worry the,
the owner is
health is not doing great. I believe it's a terminal illness of some sort. So they're just going through other options, so they would rather
defer than withdraw.
Okay. So
do we have a motion to defer as per the applicant's request?
Yes. Mister Kowalski?
I make a I move to, defer BZA twenty
twenty five
zero five two
nine into the future.
And mister Hughey,
seconds.
All in favor of deferral? Yes. It's unanimous.
So we're done with all three of ours.
Do we have a motion to approve our BZA minutes from May 13?
And mister Hanna
moves to
direct next motion that we,
approve the board,
minutes from Tuesday, May 13?
We have a second.
Mister Huey seconds.
All in favor?
Yep. Unanimously
approve the minutes from May 13.
And
if there are no objections,
we will adjourn the meeting.
I well, I came into it first.