Council orders staff to study issue

The Peachtree City Council narrowly denied a homeowner’s setback variance request 3-2 last week, and council also tasked city staff with looking into the setback variance process.

“I want to know, is it time to review them, and why do we need a 30-foot setback?” asked Councilwoman Judi-ann Rutherford.

City Planner David Rast said the building permit for Mr. and Mrs. Philip Gurney was issued based upon a drawing they submitted to the city which showed the new addition being outside of the 30-foot setback along their rear property line, which abuts city greenspace along Peachtree Parkway.

By the time the addition was built, however, it encroached about 8.5 feet into the setback of their home in the Braelinn Courts subdivision, Rast said. Rast recommended that the variance be denied.

The addition was built as an extension of the home’s family room.

Philip Gurney blamed the problem on an erroneous and incomplete survey he was relying on that he received when the house was purchased. When informed of the error, all construction on the addition was halted, he said.

City officials had warned Gurney to get a foundation survey before proceeding with construction above the concrete slab, Rast said. Although the foundation survey was drawn in September, it was never submitted to the city’s building department. That requirement was listed on the building permit, Rast added.

In his memo to Council, Rast noted that the problem could have been avoided had the Gurneys submitted the foundation survey to the building department before continuing with construction above the concrete slab.

“That allows us to address the problem before the applicant starts building,” Rast said.

The addition has not been finished on the inside but it has been roofed and siding has already been added, Rast said.

Councilman Stuart Kourajian said he was troubled with denying the variance because the city wants to encourage residents, especially those in older neighborhoods, to improve their homes.

Gurney said he had letters from neighbors on both sides of his home who don’t oppose the addition. The Braelinn Courts subdivision is zoned GR-6, which allows up to six units per acre, Rast noted.

Although council denied the variance, several council members asked staff to make sure the Gurneys didn’t have to immediately tear down their home in case their situation might be addressed in a new ordinance after the matter is studied by city staff. City Attorney Ted Meeker said the city’s code enforcement department could allow the addition to remain as-is for the time being.

“I hate to give them false hope,” said Councilwoman Cyndi Plunkett. “Because the way it is now it wouldn’t be approved.”

Patricia Gurney thanked council for considering the matter and said “We’ll comply any way that we have to.”

Meeker advised Council that instead of granting a variance on this issue, the city would be better off changing its ordinances relating to setbacks.

The Gurney’s variance request didn’t meet the city’s guidelines for approval of a variance, but “it is an unfortunate situation,” Meeker added.

The variance was denied 3-2, with Kourajian and Steve Boone voting in favor of the variance and Logsdon joining Rutherford and a hesitant Plunkett paused briefly before casting the tie-breaking vote against the variance.