A garden is better than more setback for a fence, and a storage shed stays in because taking it out would be worse, the Peachtree City Council declared last week.

The council granted two "compassionate" zoning variances to residents, despite recommendations for denial from the city planning staff.

The first concerned two "accessory buildings" on Stalker Reed's property on Wedgewood Way. Reed explained that he discovered in the process of buying the home that building permits had not been obtained for the sheds, and that a variance would be necessary to keep the buildings. The two buildings, located in the rear setback area, exceed the square-footage requirement and height requirement for storage buildings.

Reed also said that moving the buildings would create more problems for his neighbors, who wrote letters supporting the request for variance. After considerable discussion, council voted to grant the variance.

"I understand the staff position, that there is no way they could recommend the variance," said council member Robert Brooks, "but I think this is a unique situation. We make these rules to protect neighbors, and it's interesting that in this case, we make it worse for the neighbors by not granting the variance. I think we should grant it."

Jim Pace agreed, commenting that Reed "should not have to suffer for doing the right thing; if he hadn't come forward and tried to make it right, we might never have known about the problem."

A city resident at the meeting, Bill Wheelock, asked that the council make an effort to "find out if this contractor (who built the sheds) is still in business ... they should be outlawed or something for not getting the permits."

The council also granted a variance on a fence setback at Cranberry Lane and Cherry Tree Lane in Village Park. Property owner Martha T. House said that she had wanted the fence for privacy on her patio and had taken the plans and design to the subdivision's "landscape committee," which approved the fence.

City buildings official Tom Carty said the fence, two feet off its proper setback requirement, was discovered on a routine inspection. Meanwhile, House said, she has planted a perennial garden between the fence and the patio, and moving the fence two feet toward the patio would destroy the garden.

Comments from the council included instructions to the staff to try to make sure that all subdivisions' landscape or architecture committees are fully aware of city requirements. City attorney Rick Lindsey said he felt that the city could avoid the possibility of setting a precedent because House had the permission of the subdivision committee and was unaware of requirements, but the fence ordinance should be revamped to make sure similar mistakes do not occur again.

House also pointed out that in the city's brochure on building requirements, the 15-foot fence setback is not noted. Her variance was granted.

Council also approved the transfer of an alcoholic beverage license for the Village Liquor Store on Shakerag Hill to Multicorp Management Inc. Two company representatives answered several probing questions from the council during the discussion.

"We may have been compassionate tonight on our variances," said council member Annie McMenamin, "but we're tough as the devil on liquor."