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date: 
source: 2026-04-13_Regular_Council_Meetings/VR-2026-01_STAFF_REPORT;_Council_Meeting,_04-13-26
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TO:           Stockbridge Mayor and City Council
 Stockbridge Planning Commission

FROM:         Linda M. Logan, Senior Planner, Planning and Zoning Division

CC:           Ryan Anderson, Community Development Director

DATE:         March 19, 2026 (Planning Commission Meeting) and
 April 13, 2026 (City Council Meeting)

SUBJECT: Staff Report for Variance Case #VR-2026-01 for Parcel #S20-
 03003000 on Wilson Avenue (Council District 2)



PURPOSE
The applicant for Variance Case #VR-2026-01, Jerry Robinson of BAC Construction, Inc.,
proposes to construct a new single-family detached dwelling on Parcel #S20-03003000
on Wilson Avenue within the City of Stockbridge. The subject property is located in Land
Lot 36 of District 12, and it has 0.613 +/- acres, according to the applicant’s submitted
survey of the property. It is not located in any subdivision. The property is vacant and it
has an elongated, tapered shape, as is shown by the aerial photograph. The property is
bounded by Wilson Avenue to the west and Wilson Street to the south. The aerial photo
and the submitted survey show the presence of a dirt driveway traversing the lower
portion of the property. The driveway provides access to a house at 130 Wilson Avenue,
which is a land-locked property.

The current zoning of the property is SR (Suburban Residential), which has the following
minimum required setbacks: 50 feet for the front yard setback, 10 feet for the side yard
setback, and 40 feet for the rear yard setback. Because of the irregular shape and
dimensions of the lot, the applicant has experienced difficulty in complying with the front
and rear yard setbacks. The applicant has therefore requested two variances:

~ Variance Request #1--Request for a variance from Section 2.4.2 (B) of the
  Stockbridge Unified Development Code (UDC) to allow a reduction in the required
  front-yard setback from 50 feet to 25 feet for the proposed construction of a new
  single-family residence.

~ Variance Request #2--Request for a variance from Section 2.4.2.(B) to allow a
  reduction in the required rear-yard setback from 40 feet to 20 feet for the proposed

 City of Stockbridge, GA Community Dev. Dept. / VR-2026-01 Staff Report / March 19, 2026
 2


construction of a new single-family residence.

 AERIAL PHOTOGRAPH OF THE SUBJECT PROPERTY
 (PARCEL #S20-03003000 ON WILSON AVENUE)




    City of Stockbridge, GA Community Dev. Dept. / VR-2026-01 Staff Report / March 19, 2026
 3


CASE FACTS TABLE

DESCRIPTIVE FACTOR                          FINDINGS
Proposed Development                        New single-family detached dwelling.
Property Location                           West side of Wilson Avenue
Parcel Identification                       Parcel S20-03003000
Parcel Acreage                              0.613 +/- total acres.
Land District and Land Lot                  District 12, Land Lot 36.
Council District                            2 (Councilmember Antwan Cloud).
Applicant                                   Jerry Robinson of BAC Construction, Inc.
Property Owners                             Laura Bernal Gopar & Luis A. Gopar-
 Carmona.
Existing Zoning                             SR (Suburban Residential).
Surrounding Zoning                          SR (Suburban Residential).
Future Land Use Designation                 Medium-Density Residential
Property Conditions                         Parcel shape--elongated and variable.
 Surface--level and wooded.
Current Use                                 Undeveloped, although a dirt driveway
 traverses the property near the southern end
 and provides access to a house at 130
 Wilson Avenue, which is a landlocked
 parcel.
Surrounding Land Uses                       ~ North—Vacant land and a church.
 ~ South—Several houses along Wilson
 Street.
 ~ East—Several houses along Carrie Mae
 Lane, within the Silent Avenue
 Subdivision, including the house at 130
 Wilson Avenue.
 ~ West—Several houses along Wilson
 Avenue, plus a small beauty salon.
Posting of Zoning Sign                      March 4, 2026.




    City of Stockbridge, GA Community Dev. Dept. / VR-2026-01 Staff Report / March 19, 2026
 4


 CITY OF STOCKBRIDGE 2026 ZONING MAP
 LEGEND:
 Yellow—SR (Suburban Residential).
 Pink—C1 (Neighborhood Commercial).
 Black Star—Subject Property.




City of Stockbridge, GA Community Dev. Dept. / VR-2026-01 Staff Report / March 19, 2026
 5


   CITY OF STOCKBRIDGE 2026 FUTURE LAND USE MAP
 LEGEND:
 Light Orange—Medium-Density Residential
 Lilac—Downtown District
 Light Blue—Public/Institutional
 Black Star—Subject Property.




City of Stockbridge, GA Community Dev. Dept. / VR-2026-01 Staff Report / March 19, 2026
 6


 BOUNDARY SURVEY
 (Prepared by Scanlon Engineering Services, Inc. on 4/17/23)




City of Stockbridge, GA Community Dev. Dept. / VR-2026-01 Staff Report / March 19, 2026
 7


PROPOSED DEVELOPMENT

The applicant proposes to build a new single-family detached dwelling on the subject
property, which would be a permitted use within the SR (Single-Family Residential) zoning
district. The new home would have 2,294 total heated square feet, including 1,370 square
feet on the first floor and the remaining 924 square feet on the second floor. The home
would be situated on the northern portion of the property, which has the largest area.

Required Setbacks. In the SR district, the required setbacks are 50 feet for the front yard
setback (from Wilson Avenue), 10 feet for the side yard setbacks, and 40 feet for the rear
yard setback. The applicant’s proposed site plan on the next page shows these required
setbacks and the first-floor footprint of the proposed home. The locations of the required
setbacks would leave only a tiny, triangular-shaped area on which to build the home. The
front and rear yard setbacks would both be substantially exceeded. This is shown by Site
Plan Enlargement #1 on the following page, which shows the required setbacks.

Proposed Setbacks. The applicant submitted a site plan, which was prepared by BRC
Land Services on 01/28/26. It shows that, in order to have sufficient land area on which to
build the proposed home, the applicant has proposed reducing the front and rear yard
setbacks by 50 percent each. That is, the front yard setback would be reduced from the
required 50 feet to 25 feet (the subject of Variance Request #1) and the rear yard setback
would be reduced from the required 40 feet to 20 feet (the subject of Variance Request #2).
Site Plan Enlargement #2 depicts these variance requests. The proposed footprint of the
home is shown in the shaded area. The proposed new Building Lines of 25 feet and 20
feet, respectively, are shown, and the actual setbacks would be 27.31 feet in the front yard
and 21.31 feet in the rear yard. The required 10-front side yard setbacks would be met;
thus, no variance would be needed for the side yard setbacks. The side yard setback on
the northern side of the home would actually be 12.97 feet.

Comparison of Required Versus Proposed Setbacks. Site Plan Enlargement #3 shows
both the required and the proposed setbacks for the front and rear yards. The applicant’s
proposed setbacks would significantly enlarge the available buildable area for constructing
the proposed home.




 City of Stockbridge, GA Community Dev. Dept. / VR-2026-01 Staff Report / March 19, 2026
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 PROPOSED SITE PLAN—
 Shows Location of Proposed Home
 On the Northern Portion of the Property
 (Prepared by BRC Land Services on 01/28/26)




City of Stockbridge, GA Community Dev. Dept. / VR-2026-01 Staff Report / March 19, 2026
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 SITE PLAN ENLARGEMENT #1—
 SHOWS THE REQUIRED SETBACKS
 Required Setbacks:
 ~ 50 feet in the front
 ~ 10 feet on the sides
 ~ 40 feet in the rear




City of Stockbridge, GA Community Dev. Dept. / VR-2026-01 Staff Report / March 19, 2026
 10


 SITE PLAN ENLARGEMENT #2—
 SHOWS THE PROPOSED SETBACKS
 Proposed Setbacks:
 ~ 25 feet in the front (Variance Request #1)
 ~ 10 feet on the sides (no variance)
 ~ 20 feet in the rear (Variance Request #2)




City of Stockbridge, GA Community Dev. Dept. / VR-2026-01 Staff Report / March 19, 2026
 11


 SITE PLAN ENLARGEMENT #3—
 SHOWS BOTH THE REQUIRED SETBACKS
 AND THE PROPOSED SETBACKS




City of Stockbridge, GA Community Dev. Dept. / VR-2026-01 Staff Report / March 19, 2026
 12


ANALYSIS OF VARIANCE REQUESTS

The applicant has submitted a Variance application to request two variances, as are
listed below, for the development of a proposed single-family dwelling on Parcel #S20-
03003000 on Wilson Avenue. In both variance requests, the applicant is seeking
permission to forego compliance with a particular requirement within the Unified
Development Code (UDC) regulations. Each variance request has been analyzed by the
Planning and Zoning Staff and is discussed below.

1. Variance Request #1—Reduce the front yard setback from the required 50 feet to 25
   feet.
2. Variance Request #2—Reduce the rear yard setback from the required 40 feet to 20
   feet.
_______________________________________________________________________________________________________




10.1.3 - Criteria to be considered for deciding variances.

A variance may be granted only upon a finding by the mayor and city council that all the
   following conditions are met:

A. 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;

B. A literal interpretation of the provisions of this unified development code would deprive the
   applicant of rights commonly enjoyed by owners of other properties located in the same
   zoning district;

C. 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;

D. The variance will be consistent with the purposes and intent of this unified development
    code, will be compatible with uses on neighboring properties, and will serve the public
    welfare;

E. The extraordinary circumstances are not the result of actions of the applicant;

F. The variance is the minimum relief that will allow the legal use of the land, building or
    structure; and

G. The variance is not a request to permit a use of land, buildings or structures that is
   prohibited in the same zoning district.

_________________________________________________________________________________________________________




 City of Stockbridge, GA Community Dev. Dept. / VR-2026-01 Staff Report / March 19, 2026
 13


Analysis of Variance Criteria

Since both variance requests are for the reduction of setbacks rather than any other
matter, they may be addressed together within each criterion below.

A. 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;

   The subject property has an irregular shape and a very narrow depth. According to
   the applicant’s submitted survey, the subject property has a frontage on Wilson
   Avenue of 519.81 feet, and its greatest depth of 119.81 feet is at the northern end
   of the property. These dimensions differ significantly from those of most of the other
   lots along Wilson Avenue, which have an estimated average of 110 feet of frontage
   and a depth of 200 feet, according to the aerial photographs from the Henry County
   Tax Assessors’ website. The southern end of the subject property is only an
   estimated 15 feet deep.

B. A literal interpretation of the provisions of this unified development code would
   deprive the applicant of rights commonly enjoyed by owners of other
   properties located in the same zoning district;

   The required front yard setback is 50 feet in the SR district, and the required rear
   yard setback is 40 feet. That means that there must be at least 90 feet of land area,
   from the front (at Wilson Avenue) to the rear, on which to build a house. Since the
   deepest area at the northern end of the property has 119.81 feet, that would leave
   only 29.81 feet, from the front to the rear, on which to build a house. But the property
   tapers quickly to the south, leaving even less land area on which to build. The
   applicant’s site plan showing the required setbacks indicates that only a tiny
   triangular-shaped area would be left on which to build the proposed house. It would
   therefore not be possible to meet the setback requirements.

C. 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;

   The applicant wishes to construct a single-family dwelling on the subject property,
   just as most of the other properties within the surrounding neighborhood also have
   single-family dwellings. Without the requested variances, it would not be physically
   possible to construct a dwelling. Although the proposed house would have 2,294
   total heated square feet, only 1,370 square feet would be located on the first floor, and
   the remaining 924 square feet would be on the second floor. The applicant therefore
   would be reducing the size of the first floor (the footprint of the house) in order to leave
   more land area for the front and rear yard setbacks.




 City of Stockbridge, GA Community Dev. Dept. / VR-2026-01 Staff Report / March 19, 2026
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D. The variance will be consistent with the purposes and intent of this unified
   development code, will be compatible with uses on neighboring properties,
   and will serve the public welfare;

   The subject property is located within the SR zoning district, which allows single-
   family detached dwellings. The applicant’s proposed single-family detached dwelling
   would be compatible with the other single-family detached dwellings in the
   surrounding neighborhood. The development of the property would therefore
   represent a positive addition to the neighborhood. Further, since a standard parking
   space is 20 feet long, the proposed front yard setback of 25 feet would allow any
   parked car on a driveway off Wilson Avenue to avoid protruding into the street, and
   no sidewalk is present on the east side of Wilson Avenue.

E. The extraordinary circumstances are not the result of actions of the applicant;

   The applicant did not create the dimensions of the subject property, and the applicant
   has reduced the size of the footprint of the proposed home in order to not require
   even greater reductions in the front and rear yard setbacks.

F. The variance is the minimum relief that will allow the legal use of the land,
   building or structure; and

   Due to the irregular dimensions and shape of the subject property, the requested
   variances appear to be the only possible relief to enable the property to be developed
   with a single-family detached dwelling as an allowable use.

G. The variance is not a request to permit a use of land, buildings or structures
   that is prohibited in the same zoning district.

   The applicant proposes to build a type of use (a single-family detached dwelling) that
   is permitted within the property’s zoning district, Suburban Residential.


STAFF CONCLUSION

As a result of the foregoing analysis, the Planning and Zoning Staff has reached the
conclusion that the applicant’s requests for front and rear yard setbacks are reasonable
and should be granted for the following reasons:

1. The applicant proposes to develop an acceptable type of use on the property.

2. The irregular shape and dimensions of the property represent a significant hardship for
   developing the property, making it impossible to meet the required setbacks/




 City of Stockbridge, GA Community Dev. Dept. / VR-2026-01 Staff Report / March 19, 2026
 15


VI. STAFF RECOMMENDATION

Based on the Staff Conclusion above, the Planning and Zoning Staff therefore
recommends the APPROVAL OF BOTH VARIANCE REQUESTS, with the following
three conditions:

1. Size of Dwelling—The proposed single-family detached dwelling shall have at least
   1,500 total square feet of heated space in order to meet the minimum required dwelling
   size within the SR district.

2. Site Plan--The proposed development shall be constructed according to a revised site
   plan that is very similar to the submitted one, entitled “0 Wilson Avenue”, which was
   prepared by BRC Land Services as Job No. 025-0024 on 01/28/2026 and revised on
   02/24/2026. The revised site plan shall show a driveway in an acceptable location off
   Wilson Avenue, having a length that would not cause parked vehicles to protrude into
   the street.

3. Dwelling Facades—The facades of the dwelling shall be constructed of materials
   which comply with the requirements of the Stockbridge Unified Development Code.




 City of Stockbridge, GA Community Dev. Dept. / VR-2026-01 Staff Report / March 19, 2026
