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date: 2022-03-24
title: Planning Commission Meeting Agenda Packet
source: 2022-03/2022-03-24_Planning Commission Meeting_Agenda Packet.pdf
pages: 1
---

Page |1

Stockbridge
Mission: To provide visionary leadership and superior municipal services that enhance
the quality of life for citizens while creating a welcoming business atmosphere focused
on sustainability and expansion of tourism and cultural events.

AGENDA
PLANNING COMMISSION BOARD MEETING
Thursday, March 24, 2022 6:30 PM
Mayor & City Council Administration
Askia Abdullah, Chair Brecca Johnson, Director
Kathleen Nelson Linda Logan, Senior Planner
Rodney Hornes Gordon Linton, Planner I
David Planchon Quinton G. Washington, City Attorney
Harold Thibodeaux

I. Call to Order
II. Invocation
III. Pledge of Allegiance
IV. Roll Call
V. Adoption of the Agenda
VI. Approval of Minutes 01/20/22
Approval of Minutes 01/20/22

4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770) 389-7900
Page |2

INTRODUCTION OF NEW STAFF – Ryan Anderson, Chief Planner

PUBLIC HEARING

Item # 1 - To be presented by Brecca Johnson and Linda Logan.

VARIANCE CASE #VR-2022-01 for 727 Bethpage Drive—Nitesh Patel, the
applicant and owner of a residential lot at 727 Bethpage Drive (Parcel ID
#051F01220000), requests a variance to reduce the property’s rear yard setback
from the required 75 feet (for a golf course-abutting lot) to 50 feet to allow for the
construction of a new single-family detached home. The property is located in
Land Lot 17 of District 6 within the Stockbridge City Limits. It comprises Lot 14
of Block W within Unit XI of the Eagle’s Land Subdivision.
Presented by:

PROJECT UPDATES

STAFF COMMENTS

BOARD COMMENTS

ADJOURN

4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770) 389-7900
City of Stockbridge
Mission: To provide visionary leadership and superior municipal services that enhance
the quality of life for citizens while creating a welcoming business atmosphere focused
on sustainability and expansion of tourism and cultural events.

SUMMARY MINUTES
PLANNING COMMISSION
THURSDAY, January 20, 2022 at 6:30 p.m., via Zoom

BOARD MEMBERS (6): ADMINISTRATION:
Askia Abdullah, Chairman Brecca Johnson, Community Dev. Director
Harold Thibodeaux, Vice Chairman Quinton Washington, City Attorney
Stanley Dumas Vanessa Holiday, City Clerk
Kathleen Nelson Randi Rainey, Deputy City Clerk
David Planchon Linda Logan, Senior Planner / PC Sect’y
Rodney Hornes Gordon Linton, Planner I

I. CALL TO ORDER – Chairman Abdullah; 6:33 p.m.

II. INVOCATION – Led by Kathleen Nelson.

III. PLEDGE OF ALLEGIANCE – Done in unison.

IV. ROLL CALL (6 members) (Taken by Ms. Logan): Present Absent

~ Askia Abdullah X
~ Harold Thibodeaux
~ Stanley Dumas
~ Kathleen Nelson
~ David Planchon
~ Rodney Hornes

A quorum of board members was achieved.
City of Stockbridge, Georgia Planning Commission Summary Minutes for January 20, 2022 2
V. ADOPTION OF THE AGENDA

Kathleen Nelson motioned to adopt the Agenda, and David Planchon seconded
the motion. A vote was taken, and the motion was unanimously approved.

VI. APPROVAL OF MINUTES – December 16, 2021 Summary Minutes

David Planchon motioned to approve the Minutes, and Stanley Dumas seconded the
motion. A vote was taken, and the motion was unanimously approved.

VII. ELECTION OF OFFICERS
To be presented by Brecca Johnson and Askia Abdullah.

David Planchon asked Chairman Abdullah whether he wanted to serve as Chairman for
another term. Mr. Abdullah replied that he would. Ms. Nelson motioned to nominate Mr.
Abdullah for Chairman, and Rodney Hornes seconded the motion. A vote was taken,
and Mr. Abdullah was unanimously elected as Chairman.

Mr. Hornes then motioned to nominate Harold Thibodeaux as Vice-Chairman, but there
was no second to the motion; thus the motion did not carry. (Mr. Thibodeaux was not
present at the meeting at this time.) Mr. Abdullah then motioned to nominate Ms. Nelson
as Vice-Chairman, and Mr. Hornes seconded the motion. Mr. Planchon then motioned
to close the nominations. A vote was taken, and Ms. Nelson was unanimously elected
as Vice-Chairman.

As a result of these elections, Askia Abdullah was elected as the Chairman and Kathleen
Nelson was elected as the Vice-Chairman of the Planning Commission for 2022.

VIII. PROJECT UPDATES
To be presented by Brecca Johnson. No action is required.

Ms. Johnson gave an update on the Bridges at Jodeco project. She said that the City
has reviewed the development plans for an apartment pod and a townhome pod, and
that a groundbreaking ceremony has been scheduled for the initiation of the apartment
construction. The ceremony will be held on Friday, March 11, 2022 at 10:00 a.m., and
it will take place at 300 Argento Drive. Ms. Johnson said that the Planning Commission
members were invited to attend the ceremony, and that she would be ordering City of
Stockbridge shirts for them to wear to the ceremony. Ms. Johnson further said that talks
are underway with other developers for the development of other pods within the master
plan for the Bridges at Jodeco project.

IX. STAFF COMMENTS
To be presented by Brecca Johnson. No action is required.

Ms. Johnson announced that the City of Stockbridge has hired a new City Manager,
Frederick Gardiner, and that this was his first week at work. She said that Mr. Gardiner
previously worked for the City of East Point, the City of Griffin, and Henry County.

City of Stockbridge, Georgia Planning Commission Summary Minutes for January 20, 2022 2
X. BOARD COMMENTS

Mr. Thibodeaux said that he wanted to provide an additional e-mail address to ensure
that he received all Planning Commission-related messages. Ms. Logan said that she
would update the Planning Commission’s Contact List to include his second e-mail
address.

XI. ADJOURNMENT

Ms. Nelson motioned to adjourn the meeting, and Mr. Hornes seconded the motion.
A vote was taken, and the meeting was unanimously adjourned at 6:47 p.m.

City of Stockbridge, Georgia Planning Commission Summary Minutes for January 20, 2022 2
846
City of Stockbridge 735
VR-2022-01 727 Bethpage Drive
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MARCH 16TH 2022

TO WHOM IT MAY CONCERN

SUBJECT: 727 BETHPAGE DRIVE SETBACK VARIANCE

My name is Nitesh Patel and I am the owner of 727 Bethpage drive, Mcdonough, GA 30253. I am
planning to build our dream home on this lot in Eagles Landing Country Club. Majority of the lots in the
subdivision lots have 50ft rear setbacks with the exception of some on golf course that has 75ft. My
builder, Faizal Supariwala has build several homes in this neighborhood and was able to get a rear
setback variance reduced to 50ft on number of properties in the neighborhood as long as you get Golf
Club approval. We have the approvals from the golf course and from HOA of Eagles Landing, We have
also provided the addresses where variances were obtained.

According to Eagles Landing HOA Building Guidelines (already submitted) we cannot have a front entry
garage in the subdivision and that's why we had to build a side entry courtyard garage to fit on this lot.
By doing this the house footprint will not fit within the setbacks in place. That's why we requesting a
reduction in rear setbacks to 50ft.

However, if for any reason the Board is not able to reduce to 50ft we will be fine with a reduction to
minimum of 65ft, this will allow us to fit the house with the current plans on to this lot.

I have spent thousands of dollars with engineers and architects and over 4 months of time. I have
complied with everything the city P/Z department ask for. I hope the Board consider our simple request
so that we can be on our way of getting this house build. Please don't hesitate to call me if you have any
questions at 478-335-1427.
Eagle's Landing Property Owners Association Architecture Review Board

Eagle's Landing Property Owners Association
303 Corporate Center Dr STE 300A
Stockbridge, GA 30281

March 11, 2022

Nitesh Patel
215 Eagles Landing Way
McDonough, GA 30253

RE:727 Bethpage Drive LOT/ACCOUNT # W-14

Dear Nitesh Patel:
Thank you for submitting your plans for:

Variance requested for

Upon further review of the plans and documents provided for the change or alteration to your property the Architecture Review Board has taken the
following actions:

ELPOA ARB and Country club golf club approves the rear setback to be reduced from 75ft to 50ft. This is a normal
request from homeowners and there has been several of such approvals done in the past

All improvements(with the exception of new construction and additions required new
foundations) must begin within One(1) year of the approval date and should not exceed 60 Days to
complete. New construction should be consistent and not left partially finished. Improvements left in
partially finished condition will be considered a violation. Please advise when your project will
begin.

Construction sites shall remain clean and orderly.
Parking, please make your best effort to not park on the street.

Tree Removal: This document is needed for access to the community for any vendors performing tree
removal services, or have equipment which could perform the act of removing trees. Please have your
tree vendor present this letter to the front gate.

l All Eagle's Landing Building Guidelines Rules and Regulations must be followed.
l All approvals are subject to County Codes, Covenants and Restrictions and other actions deemed
reasonable.
l Please submit all outstanding and additional requests two weeks prior to beginning work on each

phase of the project.
l Neither Association, Inc., the Association Board of Directors, Governing Committees, the

Architectural Control Committee, nor their respective members, Secretary, successors, assigns,
agents, representatives, or employees shall be liable for damages or otherwise to any requesting
approval of any architectural alteration by reason of mistake in judgment, negligence or
nonfeasance arising out of any action with respect to any submission.
l The Architectural Control Committee/Board is directed toward review and approval of site
planning, appearance and aesthetics.
l None of the foregoing assumes any responsibility regarding design or construction, including
without limitation, the structural integrity, mechanical or electrical design, methods of construction
or technical suitability of material.
l Upon receiving this approval form and/or commencing construction, you hereby release and agree

not to sue all of the foregoing from/for any claims or damages regarding this request or the
approval or denial thereof.
l The decision above is for architecture control purposes only. The Board, Committee, or Agent is

not responsible for the structure or any claim that may result do to improper construction.
l The committee is not responsible for reviewing any local, county, state or federal laws, guidelines

or standards of construction.
l If the covenants for the community are stronger in restriction then what was submitted, the

covenant may still be enforced after review of actual construction.
l All improvements, additions must comply with the maintenance standards of the community.

l If the addition or improvement is different then what was submitted , the item will be considered a

violation until further review occurs.

Sincerely,

Jaye Boggs
Community Association Manager

Architecture Review Board
Eagles Landing Property Owners Association.
Questions please call Mike Reis: 770-389-6528 ext. 52902
POSTED ZONING SIGN FOR VR-2022-01:
VIEW FROM THE EAST
POSTED ZONING SIGN FOR VR-2022-01:
VIEW FROM THE EAST
LAND
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GOLF OF GEORGIA LP CLUBCORP 12 051F01221000
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ZONING: CITY 051F01220000
GENERAL NOTES: ZONING: CITY REVISION / ISSUE
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1. THIS DRAWING WAS CREATED ELECTRONICALLY. THIS MEDIA SHOULD 19 1 6-27-16 DATE OF FIELD SURVEY
1/2" REBAR
NOT BE CONSIDERED A CERTIFIED DOCUMENT UNLESS IT HAS BEEN
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3. THIS MAP OR PLAT HAS BEEN CALCULATED FOR CLOSURE AND IS LOT 14
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REF #: 8009-013
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1601 S ZACK HINTON PARKWAY, MCDONOUGH, GEORGIA 30253
OFFICE: (678) 814-4346 FAX: (678) 814-4348
WWW.LAND.ENGINEERING
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SITE LOCATION:
LAND LOT(S): 17
ABBREVIATIONS LEGEND LAND DISTRICT: 6
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Graphic Scale in Feet
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P:\8009\013\DWG\Boundary.dwg, 17x22, User, Jul 14, 2016 - 3:53pm
VR-2022-01
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Page 1 of-01

VARIANCE EVALUATION REPORT
VARIANCE FOR PROPERTY AT 727 BETHPAGE DRIVE
City of Stockbridge Planning and Zoning Division
Community Development Department
Linda M. Logan, Senior Planner
March 24, 2022

CASE FACTS

Applicant: Nitesh Patel.

Agent: Faizal Supariwala.

Location: 727 Bethpage Drive. Comprises Lot 14 of Block W
Surrounding
within Lan
Unit XI of the Eagle’s Landing Subdivision.

Parcel ID: 051F01220000.

Lot Size/Acres: 23,429 square feet / 0.54 acres, according to the applicant’s
submitted survey of the property.

Request: Variance to reduce the rear yard setback from the required
75 feet to 50 feet. The approved plat for Eagle’s Landing
Subdivision, Unit XI, requires golf course-abutting lots,
including the subject property, to have rear yard setbacks of
75 feet.

Proposed Use: Construction of a new single-family detached home,
including an attached three-car garage and an attached golf
cart garage.

Existing Land Uses: Vacant land.

Zoning: Zoned ‘PD’ (Planned Development) as part of the Eagle’s
Landing Subdivision, Unit XI.

Road Access: Bethpage Drive.

Application February
February
7, 7,
2022.
2022
Received:

Sign Posted: March 1, 2022.

City of Stockbridge, GA Community Development Department (770) 389-7900 March 24, 2022
Page 2 of 8

Planning Commission
Meeting: March 24, 2022.

Council Meeting: April 11, 2022.

Development Regulations Relevant to Request:
• City of Stockbridge Unified Development Code (including the Zoning Code and the
Subdivision Ordinance).
• All other City Code sections regarding site development standards and requirements.

APPLICANT’S REQUEST

The applicant proposes to construct a new single-family detached home on the subject
property. The submitted site plan indicates that the total heated area of the residence would
be 8,915 square feet, with a front yard setback of 55.2 feet from Bethpage Drive. To the rear,
the setbacks would vary from 51.0 to 52.5 feet. More than half of this distance would be for
a “tree preserve area.”

To deviate from the required 75-foot rear yard setback for a golf course-abutting lot, the
applicant has filed a variance application to request that the rear yard setback be reduced to
50 feet, which would be a reduction of 25 feet. Per Section 12.11.022(5) of the Stockbridge
Zoning Code (the October 26, 2021 version), such a request is a legitimate reason for an
applicant to apply for a variance.

Although the agent for the applicant stated that the applicant is requesting a variance for a
reduction in the rear yard setback to allow him to build a large home on the property and to
improve the aesthetics of the front yard, the applicant submitted a revised letter on March
16, 2022, which stated that the variance was needed in order to comply with the garage
policy of the Eagles Landing Property Owner’s Association (ELPOA). Page 32 of ELPOA’s
Rules and Regulations (dated May 2021) state that homes must have attached garages for at
least two cars, and that they may not face the street. Rather, all garages must face either the
side lot line or the rear lot line. Golf cart garages are also allowed. The applicant’s letter
states that by providing side-entry garages to meet the ELPOA’s requirements, the footprint
of the house will not fit on the lot without encroaching into the required setbacks. The agent
further said that having a rear entry would cause difficulties in the turning radii of the
driveway.

Accordingly, the applicant’s site plan shows a side-entry garage attached to the front of the
proposed home. This would be a three-car garage with a depth of 30 feet. A golf cart garage
would also be attached, with a depth of 12’8”. Together, the two garages would account for
42’8” of the total depth of 88.5 feet on the eastern side of the house, excluding a bay window.
The agent stated that no consideration was given to placing the garages at the rear of the

City of Stockbridge, GA Community Development Department (770) 389-7900 March 24, 2022
Page 3 of 8

home because a) the turning radii of the driveway at the rear of the property would be
difficult, and b) little room would be left for a usable back yard.

The applicant would prefer to be granted the requested variance for a rear-yard setback
reduction of 25 feet (from 75 feet to 50 feet). However, in his revised letter, he stated that
he would also agree to having a rear-yard setback reduction of only 10 feet (with a reduction
from 75 feet to 65 feet), in order to move the house forward to the front yard setback line
(which is 40 feet).

As part of his variance application, the applicant submitted a letter of approval from the
ELPOA’s Architecture Review Board, dated December 10, 2021. More recently, the applicant
obtained a revised approval letter from the ELPOA Architecture Review Board, dated March
11, 2022, which specifically stated its approval of the applicant’s variance request to reduce
the rear yard setback at 727 Bethpage Drive from 75 feet to 50 feet.

EXISTING CONDITIONS

A. Property Location. Per the attached “Aerial Photo of Site Vicinity”, the subject property
is located on the north side of Bethpage Drive, about midway between Champions Drive to
the west and Cog Hill to the northeast. Bethpage Drive forms a boundary between the
Stockbridge City Limits and Henry County, thus the lots across the street are outside of the
City.

B. Property Characteristics. The subject property is vacant, fairly level, and wooded. It is
zoned ‘PD’ (Planned Development) and it is part of the Eagles Landing Subdivision, Unit. The
recorded plat for Unit XI was dated 05/25/05. It allows for the construction of one single-
family detached home on the property, with a rear yard setback of 75 feet since this is a golf
course-abutting lot. The property is part of the Eagle’s Landing Country Club, and one of the
fairways and greens for the golf course lie to the rear of the property. No physical hindrance
was observed in the front yard which might necessitate moving the home further back on
the property.

C. Surrounding Land Use and Zoning. Table 1 below provides the land uses and zoning
districts which surround the subject property.

TABLE 1:-- SURROUNDING LAND USE AND ZONING

Location Existing Land Use Existing Zoning

Property to the North Eagles Landing Golf Course, abutting the PD (Eagle’s Landing
rears of properties on Cog Hill Subdivision)
Property to the South Vacant lot, PD (Eagle’s Landing
outside of the City Subdivision)
Property to the East Vacant lot PD (Eagle’s Landing
Subdivision)

City of Stockbridge, GA Community Development Department (770) 389-7900 March 24, 2022
Page 4 of 8

Property to the West Vacant lot PD (Eagle’s Landing
Subdivision)

No other houses on Bethpage Drive appear to have rear yard setbacks of 50 feet or less. On
the aerial photograph of Bethpage Drive from the Henry County Tax Assessors’ Office, the
rear yard setbacks of five nearby lots on Bethpage Drive measure from approximately 62
feet to 94 feet, including two lots with swimming pools in their rear yards.

ZONING HISTORY
The agent for this variance application has stated that he previously applied for rear yard
setback reductions for three other lots within the Eagle’s Landing Subdivision. The
addresses for those lots are 842 Cog Hill, 845 Cog Hill, and 306 Broadmoor Way. Cog Hill is
the next street to the north, and Broadmoor Way lies to the north of Cog Hill.

Of these three properties, 306 Broadmoor Way, which is located outside of the City, was
developed first, in 2016, according to the Henry County Tax Assessors’ property records. An
extra-large house was constructed on the property, which actually contains two lots. The
house has a heated area of 14,292 square feet and an effective area of 15,542 square feet.
On the aerial photograph, the house appears to have a rear yard setback of 52 feet, and it is
more than double the size of any other house on Bethpage Drive, Cog Hill, or Broadmoor
Way.

For 842 Cog Hill, an administrative waiver, rather than a variance, was granted by the City
on July 13, 2021 for a reduction in the rear yard setback due to the presence of difficult
topography on the property. A new home is currently under construction.

A variance application for 845 Cog Hill (VR-18-14-S) was filed with Henry County Planning
and Zoning, whose Variance Evaluation Report recommended the denial of the requested
variance since the application did not meet the required variance criteria. However, the City
of Stockbridge prepared its own report, with a recommendation of Approval With Conditions
after an approval letter was received from the Eagle’s Landing Property Owners’ Association
(ELPOA). Subsequently, City Council approved the case on March 11, 2019, per Resolution
#R19-1043. The property remains undeveloped, though.

At 244 Eagles Landing Way, City Council approved a variance via Case #VR-11-01-S (and
Resolution #11-37) on February 4, 2011 to allow an accessory structure (a swimming pool)
to encroach into the 50-foot golf course buffer by 20 feet (thereby leaving a rear yard setback
of only 30 feet). However, this variance was granted eleven years ago, and it was for an
accessory structure rather than for the principal structure (the home).

ANALYSIS OF REQUEST—CRITERIA FOR GRANTING A VARIANCE PER
CHAPTER 12.11._OF THE STOCKBRIDGE ZONING CODE (from the October
26, 2021 Version)

12.11.023 Criteria to Be Considered for Deciding Variances. A variance may be granted
only upon a finding by the mayor and council that all of the seven conditions that are listed
below are met.

City of Stockbridge, GA Community Development Department (770) 389-7900 March 24, 2022
Page 5 of 8

A. CRITERION #1--Extraordinary and exceptional circumstances pertaining to the
particular piece of property in question exist due its size, shape, or topography that
are not found on other properties in the same zoning district.

There are no extraordinary or exceptional conditions pertaining to the subject property
due to its size, shape, or topography that are not applicable to other lands or structures in
the Eagles Landing Subdivision. Although the property owner at 842 Cog Hill was allowed
to reduce the rear yard setback, this was due to the presence of challenging topography,
for which an administrative waiver, rather than a variance, was granted.

Although the subject property is of similar size to that of other lots on Bethpage Drive, all
lots must meet the requirements of the ELPOA, and specifically its garage policy. Due to
the widths of the lots, designing their site plans to allow for side-yard or rear-yard garage
entries, while still meeting the rear yard setback requirements, may be challenging. The
subject property has 120 feet of frontage on Bethpage Drive, according to the applicant’s
submitted land survey.

B. CRITERION #2--A literal interpretation of the provisions of this Zoning Code would
deprive the applicant of rights commonly enjoyed by owners of other properties
located in the same zoning district.

The provisions of this Chapter would not deprive the applicant of rights that are commonly
enjoyed by owners of other properties within the Eagles Landing Subdivision. The
applicant would be able to construct a single-family detached home on the subject property
without the requested variance. However, the applicant may not be able to build a three-
car garage or a golf cart garage, which other properties in the neighborhood may have, and
which are allowed by the ELPOA.

C. CRITERION #3--Granting the variance requested will not confer upon the property
owner any special privileges that are denied to other owners of property in the same
zoning district.

Granting the originally-requested rear-yard setback variance of 50 feet rather than the
required 75 feet would confer upon the property owner a special privilege compared to
other property owners along Bethpage Drive. However, granting the revised request of a
rear-yard setback variance of 65 feet would be more reasonable since another home on
Bethpage Drive appears to have a rear yard setback of only 62 feet.

D. CRITERION #4--The variance will be consistent with the purposes and intent of
this Zoning Code, will be compatible with uses on neighboring properties, and will
serve the public welfare. The reduction of a property’s rear yard setback is a legitimate
reason for requesting a variance.

However, since all of the existing golf course-abutting houses on Bethpage Drive appear to
have rear yard setbacks of much more than 50 feet, the originally-requested reduction of
the rear yard setback to only 50 feet would not be compatible with the neighboring

City of Stockbridge, GA Community Development Department (770) 389-7900 March 24, 2022
Page 6 of 8

properties, and it may cause the rear yard view from neighboring properties to be
obstructed. Further, no benefit to the public welfare is foreseeable if the originally-
requested variance were to be granted. But the revised variance request for a rear yard
reduction to 65 feet would be more reasonable.

E. CRITERION #5--The extraordinary circumstances are not the result of actions of
the applicant. The circumstances which have caused the applicant to seek the requested
variance are partially the result of the applicant’s proposed construction of a large home
(with a three-car garage and a golf cart garage) on the property, as well as a need to comply
with the ELPOA’s restriction on the positioning of garages on the property, as was
previously explained.

F. CRITERION #6--The variance is the minimum relief that will allow the legal use of
the land, building or structure. The requested variance is not the minimum relief which
the applicant needs in order to build a house of the proposed size, dimensions, and location
on the subject property. The applicant could build a home according to his revised variance
request, whereby the proposed home would be moved up to the front yard setback line,
causing the rear yard setback to only need to be reduced to 65 feet rather than 50 feet. The
requested rear yard setback reduction would therefore be only 10 feet rather than 25 feet.

G. CRITERION #7--The variance is not a request to permit a use of land, buildings or
structures that is prohibited in the same zoning district. The requested variance would
not permit a type of use of land, buildings, or structures that is prohibited in the Eagle’s
Landing Subdivision. A variance is not required to allow for the construction of a single-
family detached home on the property. However, since the subject property is located
within a country club community having a golf course, it is reasonable to expect large
homes to be built there, including three-car garages. Further, since this lot abuts a golf
course, it is reasonable to expect that homes might include golf cart garages, which are
expressly allowed by the ELPOA’s Building Guidelines.

CONCLUSIONS

1. The applicant has demonstrated that a variance is needed in order to meet the
requirements of the ELPOA’s Rules and Regulations, which prohibit attached garages
from facing the street. This necessitates that garages have their entrances from the side
or rear of a home. Although a rear-entry garage might be possible, this would require a
longer driveway, which a) may cause a turning radius difficulty; b) would result in a
greater impervious coverage on the property due to the longer driveway’s extra
pavement; and c) would leave little usable land area in the back yard of the property.

2. The applicant has agreed to a revised variance request, with a rear yard setback
reduction from 75 feet to 65 feet rather than 50 feet. In view of the other rear yard
setbacks along Bethpage Drive, this seems reasonable and would be more compatible
with the neighboring properties.

City of Stockbridge, GA Community Development Department (770) 389-7900 March 24, 2022
Page 7 of 8

RECOMMENDATIONS

1. The Planning and Zoning Staff recommends the DENIAL of the applicant’s originally-
requested variance for a reduction of the rear yard setback from 75 feet to 50 feet.

2. The Planning and Zoning Staff recommends APPROVAL WITH CONDITIONS for the
applicant’s revised variance request for a reduction in the rear yard setback from 75 feet
to 65 feet, provided that the following Zoning Conditions are met:

a. The property shall be developed only in accordance with a revised site plan, which is
similar to the submitted one (which was prepared by Sibley-Miller Surveying &
Planning, Inc. on 10/29/21 as Job No. L2021147, and which was received on February
7, 2022), which shows that the rear yard setback will be no greater than 65 feet. Said
site plan may be conceptual only and it must meet or exceed the requirements of the
current Zoning Code and these conditions prior to the approval of a Land Disturbance
Permit. If these recommended Zoning Conditions cause the approved site plan to be
substantially different, the applicant shall be required to complete the concept review
procedure prior to applying for a land disturbance permit. Unless it is otherwise noted
herein, compliance with all conditions shall in in place prior to the issuance of the first
Certificate of Occupancy.

b. The rear yard setback shall be no less than 65 feet, which shall be measured from the
rear yard property line to the nearest point of the proposed home (the principal
structure).

c. The property shall be developed in accordance with all other specifications of the
Eagles Landing Property Owners Association (ELPOA).

d. The property shall be developed in accordance with all other specifications of the
approved plat for the Eagle’s Landing Subdivision, Unit XI.

City of Stockbridge Planning and Zoning Staff
RECOMMENDATIONS:

1. DENIAL of the original variance request.
2. APPROVAL WITH CONDITIONS for the revised variance request.

City of Stockbridge Planning Commission
RECOMMENDATION:

City of Stockbridge, GA Community Development Department (770) 389-7900 March 24, 2022
Page 8 of 8

City of Stockbridge Mayor and Council:
ACTION:

ATTACHMENTS:

1. Aerial Photo of Subject Property
2. Aerial Photo of Neighbors’ Homes
3. Aerial Photo of Site Vicinity
4. Applicant’s Revised Letter 3-16-22
5. Artist’s Rendering of Proposed Home
6. ELPOA Approval Letter from 12-10-21
7. ELPOA Approval Letter from 3-11-22
8. ELPOA Garage Policy
9. Posted Zoning Sign—View from the West
10. Posted Zoning Sign—View from the East
11. Preliminary Site Plan (in green)
12. Subdivision Plat—Eagle’s Landing, Unit XI
13. Survey of the Property
14. Water Authority Letter

/LML

City of Stockbridge, GA Community Development Department (770) 389-7900 March 24, 2022
