Planning Commission - Regular Meeting

Recording in progress.

Good evening. The regular meeting of the Milton Board of Zoning Appeals for Tuesday, November 18th, 2025 has been called to order. Please join me for the pledge of allegiance. [clears throat] To the flag of the United States of America and to the republic for it stands one nation under God, indivisible with liberty and justice for all. Next item on this evening's agenda is introduction of board members. Beginning to my far left, Zack Middlebrooks, Billy Carman, Adam Danella, Hodge Patel, Lauren Holmes, Nick Hordon, and Zack Stafford is not at this evening's meeting. Item four this evening is approval of the agenda. I'll make a motion to approve tonight's meeting agenda as published by the city of Milton. Have a second. I'll second. There's a Billy. Get a motion by Hajj and a second by Billy uh to approve tonight's meeting agenda as published by the city of Milton. Is there any discussion? Seeing that there's no discussion, I'll call for a vote. All those in favor say I. I. All those opposed say nay. Motion passes unanimously. Item five this evening is approval of past meeting minutes. Uh it's been several months since we've had a meeting. Uh now seek a motion to approve the June 17, 2025 meeting minutes as published by the city of Milton. Make a motion to approve the June 17, 2025 meeting me minutes as published by the city. Second. Get a motion by Adam and a second by Nick to approve the June 17, 2025 meeting minutes as published by the city of Milton. Any discussion? Seeing that there's no discussion, I'll call for a vote. All those in favor say I. I.

All those opposed say nay. Motion passes unanimously. Item six this evening is consideration of primary variances. The board of zoning appeals is a quasi judicial board comprised of resident volunteers of the city of Milton. Board is charged with hearing requests for variances from the standards of the unified development code or UDC and appeals of administrative determination. With regard to decisions on primary variances, the board's basis for decision is provided by these four considerations. A, relief, if granted, would not offend the spirit or intent of the UDC. and B, there are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of the UDC would create unnecessary hardship due to size, shape or topography [clears throat and cough] or other extraordinary and exceptional situations or conditions not caused by the variance applicant and C relief if granted would not cause a substantial detriment to the public good and surrounding properties and D that the public's safety, health and welfare are secured. and that substantial justice is done. The first primary variance this evening is V25-16308 Pilpo Road. Michael, will you please present? Good evening board members. Good evening. Good evening. Good evening. It's great to be back after four long months. Good to see you. The applicant is Tiffany and Jeffrey Patise and the ID is D2516. Representative is Scott Reese from Bumbumber Reese and Associates and the address is 13805 Hopewell Road. The site is a 1.035 acre parcel located on the east side of Hopewell Road and Bethany Way intersection. The property zone AG1 and located in the rural Milton Overlay district. Locable setbacks for the lot

are a 60oot front, two 25 sides and a 50ft rear setback. Here is Bethany Way, Hopewell Road, and Bethany Oaks Point. The applicant is seeking the following variance. Section 633D1B UDC to increase the 20% maximum lot coverage to 23.86% for proposed single family home pool decking for an AG1 zone property that fronts a public street. The applicant reduced the uh percentage requested and I'll expand on that later in the presentation. Here is the aerial map. To the south is the Bethany Oaks subdivision and to the north is 7hand Farm. Okay. The size of the property is 1.035 acres. The lot has a depth of 323 feet and a width of 177 ft as shown on the original site plan in exhibit A. The previous single family home on the lot has been demolished. The city of Milton began requiring maximum 20% lot coverage for properties that front public streets in 2012. And the applicant purchased the property in June 2021. And this is the original plan submitted. As you can see, it's 10,754 square feet of lot coverage. The design of rear board recommended exploring a reduction in imperous surface at their November 4th meeting. The applicant submitted a revised site plan on November 7th as shown in exhibit B. Most of the area was removed from this turnaround circle where the applicant shrink it down from 16 ft to 12. And then if you can kind of see back to back the uh difference in the plans. The overall lot coverage was reduced from 23.86 to 21.69, a total reduction of 2.17%. The overall square footage was reduced

from 10,754 square f feet to 9,777 ft. A total reduction of 977 ft. The applicant is proposing 569 square feet of pious pavers for the sidewalk right here and the pool decking in red. An Aquaell storm water management system is before proposed for the storm water mitigation right here. There are three trees on the property proposed to be removed that are in decline as shown in the tree evaluation report shown in exhibit C. The three trees in decline are the 45-in oak in the front yard, the 29in oak in the backyard in a 20-in lobly pine. Here are photos of the first tree, the 45inch oak in the front yard. More photos of the same tree. And the top is the labal pine and the bottom is the 29in oak. The elevations are shown in exhibit D. Here's a floor plan. As you can see, you pull in the Porcoachchet, you have a twocar garage here, and to the left, you have another twocar garage. And there's a fitness on the right, site photos. Photos to the west, Hope Road, Bethany Way intersection. This is Hopewell and Bethany going the opposite direction. East which is the rear yard, south sideyard and the north last sideyard which is seventh hand farm.

On November 4th, the DB Met had the following comments. DRB recommends approval of the variance request with the condition the applicant explores a reduction in impervious surface at the November 4th DRB meeting. The main discussion from the board was regarding the oval turnaround driveway in the front yard and if additional pvious could be removed. The board acknowledged the applicant is proposing pvious papers for walkway and pool decking to lower the overall total impervious surface. The board inquired if the oval turnaround driveway could be pvious papers. City staff replied, "Currently only walkable services are allowed for pvious pavers." And uh the reason behind that is we're worried about driving over them, damaging them, and rubber getting in the pavers that would potentially damage them. Recommendations from city staff. If approved per the variance site plan from Bumbo Reese and Associates received on November 7th, 2025 by the community development department and water quality treatment to be provided for all new impervious services as determined by the city development engineer through the permitting process. Any questions for staff? Michael, can you go back to the uh picture with a west view? So, there's an existing what looks like a curb cut there. Is that going to stay in place or is that getting moved or modified or is that a question for the applicant? Um, if you look at their layout, it's in the same location like right here. It appears that they are keeping that, but I'll defer the civics. Yeah. Okay. Thanks. Any other questions for Michael? Yeah. What's the actual request? Are they Is it 23.86 or Yeah. 23.86% or 21.69%? 21.69. They originally requested. So, we kept the advertisement that was in the Milton Herald on the actual uh [cough and clears throat] application, but they reduced it at de after DRB to 21.69.

Can you talk about there's a recommended condition on flow wells. Can you just walk us through how that works? Yes. Um, so you see the right here the proposed storm water management system. This is to capture the overage whatever is approved lot coverage wise whether that's 21.69 69 whether that's 23.8 Whatever that number is, they have to capture it so it's not more than 20% towards their neighbors. Other questions? Billy, are you good? Any questions? No. Thank you, Michael. I appreciate it. We'll have a combined 10 minutes for the applicant to make an opening presentation, public comment from anyone wishing to speak in favor in a closing statement from the applicant. Uh the applicant would like to come forward at this time and present their application. Appreciate it. Mr. Reese, please state your name and address for the record. Thanks, Mr. Chairman, members of the board. I'm Scott Reese, Burma Reese and Associates doing business at 13685 Highway 9, Milton, Georgia 34. Here tonight representing the Batist family in their application for a variance to um increase the allowable impervious area uh from 20% to 21.69, I think. Um, just to give you a kind of a background, um, the Batist family found this piece of property, purchased it, went met with our architect and landscape architect and designed their dream home and concept plan um, based upon their family needs. So then they came to me and um I discovered that they were over the 20%

criteria which they had no idea there was any um any situation of that. I mean I don't think hardly any um average person in the city of Milton um I don't think anyone should expect them to know the ordinance book backwards and forwards. So um I you know I caught them unawares [clears throat] and they were like well you know this is we have been dreaming and designing this house for years and we have an extended family. We have well seasoned drivers meaning someone like me that's very old and novice drivers and we need um to be able for them to pull out. And we're in a unique situation. were situated in the um the area of the Bethany Hopewell Road roundabout [cough and clears throat] with um different traffic criteria. There's u a raised curb in the center that guides and we need to be able to get people in and out. Um we're not we didn't just come up with this plan willy-nilly. This is what we need to do. So, um I met with the city staff and we went over everything and um I with the site plan and that was when the first um discussion of so the city has kind of moved um in the notsodistant past to allow uh pvious pavers and um some alternate designs on pool decking. Um so we we immediately went to that and um and came up with a a somewhat reduction. Um the round the drive around um um the batist were pretty firm that they really had to have this due to their unique family situation. So um after we met in DRB and the

reticence I you know there's you really need to find so we went into our design criteria book and we have um tugged and twitched that drive around uh as much as we're comfortable being able to you know track a car around there without um staying on you know radius widths and and the um the tightness of the the curvature of the road. So, we feel like we have made a a concerted effort to um address as much as we could. The the batist are very not and they're uh they will be a definite asset to the city of Milton um with this and they're we're trying everything. They just have some parameters that they had to meet. Um so you know they have put forth a a very um goodforth effort I think um to try to meet. So I you know being this isn't the first time I've been here. I understand you know the four criteria and I've kind tried to go in um I don't know if you want this on the screen or I'm fine. It's not on the screen. Okay. So anyway, um number A, relief if granted would not offend the spirit or intent of the ordinance. Well, it was always told to me the intent of the ordinance is to ensure that storm water runoff from new development um does not create excessive drainage onto adjoining properties and into the community. So, um, very early in the process, we, um, I, I had my hydraologist go in and we have, um, adequately designed a storm water management system that will that will control all of the impervious area proposed for this uh, property. I know

we had the question earlier about uh, the aquaale or the storm. So, the city operates under the Clean Water Act and the Georgia Soil and Water Conservation Service. So, anytime we have a development that generates 5,000 square feet of imperous area, we have to treat the storm water. We don't start at 5,000 and up. We go to zero zero and we treat. So all of this storm water everything of the new impervious area will be treated uh in this um storm water management system. So every bit it's not just the overage it's uh the the 9,777 will be designed uh to go into this. So um we feel like you know the intent of the ordinance is to protect storm water runoff drainage you know with it we have done that wouldn't that there are such extraordinary exceptional situations or conditions pertaining to this particular piece of property that the literal stricter application of the ordinance would create an unnecessary hardship. The property is located adjacent to Hopewell Road Bethany Road roundabout and road improvements. The applicant has a substantial extended family which requires above average parking and paving. Due to this unique road system as far as getting um people ingress and egress out onto the property, the the driveway system that we proposed we feel is the most um suitable situation to uh for them. Um and we feel like this kind of um creates a unique situation for this property. Um relief if granted would not cause a substantial detriment of public good and surrounding properties. So the ordinance distinguishes between public and

private. So if you're on a private street, you're allowed 25%. If you're on a public street, you're 20%. I don't know that storm water designates between public and private. So if it's good enough for private communities, I think it's good enough. So I don't I cannot see where um this 21% would offend um or cause a substantial end to the public good when if we were building a private street all of the properties developed would be 25%. uh that the public safety, healthare, health and welfare are secured and substantial justice is done. Um allowing smooth inress eress access to and from the property enhances public safety as to the traffic flow up and down Hopewell Road and granting of this variance in no way would cause a detriment of public health welfare and allows for sub substantial justice to be done. So I hope I have um provided some um clarity on the situation. Um this was not a um a family that came in and is trying to push the envelope. They unbeknownst to them when they were planning um their their dream home um they were not aware of the 20%. and we've done, I think, a um everything we could to bring this as close to compliance as as possible. Uh the Batist family is here with me tonight. If um if if you would like to ask them any specific questions, they'll try to answer those. Um I don't I don't know if I've got any time left. If you would like to add anything to what I've said, so they're fine. So that being said, I guess uh I will close. uh our portion of the presentation. Thank you, Mr. Ree. A couple questions for you.

Yes, sir. One, I'd asked Michael about uh if the uh driveway entrance is moving at all. So, no, that is um that was placed during the road improvements for the Bethany roundabout and that was constructed by the city at the width they wanted at the the portion on the property that allows the the most sight distance for safety. And we're we're keeping that. And we're, you know, it's it's wider than typical, but it was uh at the time determined by the uh design uh group for the uh roundabout uh road improvements. So that will be that all of that existing will stay and we will just start at the end of it and add on. Then one other question, do you have any letters of support from major counters? you know, we sent out or the stuff to surrounding neighborhood or the everyone in proximity and we have had no feedback and I don't know if I can't answer for Michael if there has been um I did the seven um hand farm not too long ago and I talked with them like we don't care u so that but I they people are if they're against something they're they're usually quite uh adept at providing backup, but if if they don't care they or they're somewhat for it, it's hard [clears throat] for me to get uh and the fact that they don't live on the property and they don't know their neighbors. So, it's a little bit difficult. And I'll let Michael if you so answer the other part. Yeah. I was just going to ask you I mean what you made the discrepancy between the public roadway being 20% or how homes on a public roadway be 20% and private roadway being 25%. Um and those private roadways are maintained by the citizens of that private drive andor

private neighborhood. That's correct. So I was I asked and I was told that in a it was used as an incentive for developed neighborhoods um to uh you know maintain their own infrastructure. So being me, I said, "Well, I'll just put a gate across the front of this and then I should qualify." And I was told, "No, sir, you're wrong once again." So, um in my mind, that would completely privatize the driveway, but I'm sure you guys don't agree with me on that. But uh I just if if the ordinance and the strict adherence to me is all about storm water management then no it's not. It's about we're we're trying to get you to do something we want you to do. And I I don't I don't I still don't understand it why if 25 if it's all about storm water management then the the property and the surrounding streams don't distinguish between public and private. Sir. Oh, my other question is I'm trying to understand, you know, could you instead of having a Circle Drive have a pad in the front of some sort? Let me let me just give you my thoughts. I mean, there's fourcar garage. One's to the left with a building immediately adjacent, one's to the back that you're gonna have to do some sort of weird maneuvers to get in the garage and get out of the garage based on this design plan. So, why not put a three-point turn pad and cut down the driveway? So, when I went with that, they're going to park in there. grandmother and the children when they visit or come in are not going to be do doing the pull in and pull out. They're going to be out there.

This um is was the answer that I was given that the novice drivers and the seasoned drivers were going to be using that without having to pull up back up and hopefully not pull into each other. Now, that may not satisfy you, but that is that is what um we're proposing is that it could be done either way. [cough] [clears throat] There will be much more backing up and pulling forward in in your proposal, but um and you know, we're going to there would be to do that. There's going to be substantial wid we're going to be pushing the 20% or more with with that plan too. Sir, any more questions? Any questions for the question about ingress and egress [clears throat] with the novice drivers and and coming out of that driveway. I see lots of issues with all the traffic going there and them trying to turn left out of their driveway. That ain't going to happen. No, no, because there's there's a there's a concrete bar that's going to have to be rightand turn. And that's why we wanted the driveway well more so the width of it pulling off Hopewell Road into the property, but [clears throat] the the setup of the roadway system now, it's going to be right turn only. There is no left turn in there. So, it's um there's a concrete barrier. So, um, any questions for the applicant themselves? I think we're good. Mr. Reese, if you want to hang on for one second. Michael, do we have anyone wishing to speak in favor? We do not. Mr. Reese, you have two minutes left. If you'd like to make any closing remarks. It's not necessary, but you're welcome to do so.

Reinforce that the Batist have tried um to um their very best to meet the um the requirements. Um they've been very cooperative. They just they purchased the property with no knowledge of this. Did designed their house, designed their concept plan, and then I was the bearer of bad tidings and uh so that's that's where we're at. Thank you. Thank you, Michael. Sorry to clarify. There was no one that was wishing to speak in opposition either. Correct. Okay. Thank you. Any additional questions for staff before we close public comment? I'll close public comment on B25-16 Helpwell Road and I will make a motion to approve it uh with two conditions. Uh the first condition is per the variance site plan from Brumblo Ree and Associates Inc. received on November 7th, 2025 uh by the community development department where the uh lot coverage is being reduced from 23.86% to 21.69%. And then the second condition is a wallet water quality treatment to be provided for all new impervious surfaces as determined by the city development engineer through the permitting process. Second. Second. Who wants the second? Sure. So, we had a motion by Hajj and a second by Nick on the 25-161308 Hopewell Road with two conditions. It's per the variance site plan from Brumblo Reese and Associates Inc. received on November 7th, 2025 by the community development department where

we're doing a reduction from the initial request of 23.86% down to 21.69%. And then the second condition is uh the water quality treatment to be provided for all new impervious surfaces is determined by the city development engineer through the permitting process. Discussion on that. Uh since I made the motion, I'll go first. Uh I what I see happened in this application uh when they went before DRB uh they did the reduction they did the things that they needed to uh there were some other areas where they went to pious papavers and reduced it. We still have the water flow uh wells that are in there. Uh so I feel like we're doing substantial justice. It's a very difficult intersection if you've ever been through that area anytime. And that having that wider apron still remain. I'm fine with that as well. Yeah, I agree. I mean, I think everything that they've done with this storm water management, containment, overengineering in my opinion, which is phenomenal using impervious papers. I mean, they've done everything that they could possibly do to mitigate and be able to make this the way that it should be. So, no, no, no complaints on mine. I agree as well. They're comments. Okay. Uh, let's I'll call for a vote on V25-16130805 Hopewell Road uh with two conditions. Uh, let me read them one more time here. Uh, per the varian site plan from Brumblo Ree and Associates Inc. received on November 7th, 2025 by the community development department uh reducing the uh block coverage from 23.86% to 21.69%. And then the second condition is a water treatment water quality treatment to be provided for all new impervious surfaces

as determined by the city development engineer through the permitting process. All those in favor say I. I. All those opposed say nay. Motion passes unanimously. Jory new home. Primary variance [clears throat] this evening is B25-1712555 Sibly Lane. Michael, will you please present B2517? The applicant is Brandon Terry and the address is 1255 Cinder Lane. The site is a 1.12 acre lot located in the Sweet Apple subdivision on the east side of Sibly Lane as shown in exhibit A. Property zone AG1 and located in the rural Milton Overlay District. Applicable setbacks for lot are a 60oot front setback, two 25 foot sides and 50 foot rear setback. Here's Blueberry Ridge, Sylvia Lane, and Eberneer Road is outside of the subdivision. I want to go back here to point out the lot directly to the rear is the Sweet Apple Detention Pond. It is not a buildable lot. Is that part of a homeowner association then? Correct. Okay. The applicant is seeking the following variance. Section 3.14D UDC to reduce the 50ft minimum rear yard to 25.7 ft for an existing cover patio accessory structure. Here's the aerial map Charlene sibly lane again and here's Ebenezer Road. I want to point out this is the Roswell Milton border. Again, here is a detention pond directly to the rear of the property.

The lot has a depth of 242 feet with a width of 214 ft as shown in the site plan in exhibit B. The rear line curls inward and bordering lot is the location of the Sweet Apple subdivision detention pond. The dimensions of the cabana are 28 ft x 14 ft. Some more background information, the applicant purchased the property in May 2022. The pool permit was approved and issued by community development in May 2023. The covered patio accessory structure was constructed by the contractor per the applicants lever repeal without first receiving a community development approved building permit in August 2023. The covered patio permit was submitted to the community development department in March 2024 and it was denied due to not meeting setback requirements. And this was the footprint shown. And here is the, as you can see right here, the 50 foot rear setback. Yeah, this is better shown on the variant site plan right here, showing it 25.79 ft to the rear property line. And I have a blowup here, but I want to point out the applicant state of the DRB. He thought his property line was the detention pond fence. If you have my cursor right here, which is approximately 90 ft from the cabana. The applicant has four letters of support. 12520, 12525 Sibly Lane, 205 Blueberry Ridge, and the Sweet Apple Homeowners Association. Here are the letters of support. The applicant um gave this to me during his submitt process. He actually had architectural review board approval from the HOA in March of 2022.

So I want to put that with the submitt. Well, it's not a varian support letter. He was going through the process at an early date. Michael, would they have had the information on the setbacks when they built the pool? Yes. Here are the elevations of the cabana. Exhibit G. The product is board and batten and it's painted a dark gray color. As I mentioned, road dimensions are 28 by 14 ft. Here are the site photos. This is the [clears throat] existing single family home across the street from Slyther Lane rear which is the detention pond. And this is a photo from the applicant I received this morning. Um he tried to get the owner across the detention pond which was a recommendation from the DRB. This is the view from the cabana to the gentleman's house at 12550 Celeste Way. Um, as you can see, it is quite wooded and you you can't make out the house. And he provided this measurement showing an approximate distance of 255 ft from the cabana to the house at 12550 Celeststeine Way. Here's another photo from various applicant from the detention pond showing his backyard. Here's the cabana right here before my cursor. And this is his house. Here are the sideyard photos to the north and a sideyard to the south. And make a banana photos. On November 4th, the DRB had the

following comments. DRB recommends approval of the variance request. The elevations were received favorably by the DRB along with a dark gray color. The board inquired if the pool was located 25 ft away in the current cover patio accessory structure location. Would a setback variance be required? City staff replied, "No. Pool service water and pool decking are required to be 10 ft from a rear or side property line." The applicant stated to the board it was his belief that his rear property line was a detention pond fence which he estimated was 90 ft from the covered patio accessory structure. The board acknowledged the rear bordering property detention pond will never be built on. The applicant's backyard has a large amount of tree screening. The board recommended the applicant get a support letter from the property owner that is located on the opposite side of the detention pond prior to the BZA meeting. The office stated he did previously reach out to the neighbor for support letter and he will try again to receive support prior to the BCA meeting. Um as of six o'clock today he did not get that support letter but he did try again. That's what he told me. Recommend conditions. If approved staff recommends the following condition per the existing condition survey from Survey Atlantic Express Corporated received October 2nd 2025 by the community development department. Any questions for staff? Michael, can you go back to the site plan? And then looks like there's a easement along the right side of this property that allows access back to the detention pond. Is that right? The 20 foot pond. Yeah. Let me go I'll go to the actual plat. That'll show it better. Yeah. There's It's actually completely on his I see you're saying it looks like it slightly goes over the property line by about 5t. Okay. So there is access back there, correct? If they need to get back there to work on it. So there was no permit for the pavilion.

Correct. the the pool went through the permitting process and it was approved and issued May 2023 and letter of [clears throat] appeal stated that a ban was built in August 2023 by a contractor without getting a Has it been inspected to see if it's up to code or anything? So we have received a retroactive building permit by O'Neal Landscaping Group LLC. They did not build the original cabana, but they are taking this cabana built by and I'll let the gentleman give details on that, but they have submitted retroactive permit with building requirements. So, essentially, they have to make sure it meets building standards before a permit would be issued. Okay. I guess simply put, if it was built uh inside or excuse me, outside of the setback area, the structure as it is today would pass a building inspection. Has that happened yet or not? Yes. Uh building has approved the permit. You're just waiting for zoning subject to the zoning. Okay. Yes. Yes. Any other questions for Michael or staff? Thank you, Michael. [clears throat] We'll have a combined 10 minutes uh for the applicant to make an opening presentation, public comment from anyone wishing to speak in favor, and a closing statement from the applicant. There will also be 10 minutes for anyone wishing to speak in opposition. Mr. Terry, if you'd like to come forward and present your application at this time, I appreciate it. Uh, please state your name and address for the record. Yes. Thank you. Brandon Terry, 1255 Sibi Lane. Um, first of all, I just want to say we did not intentionally do this without a permit. When we originally did our pool plan, we had uh talked about getting a pavilion, which is what we turned into the HOA board, Sweet Apple HOA, and they approved it with a pavilion. I think you guys have that letter. When we were get when we were going

through the process, the guy that or our pool contractor couldn't find a contractor to do the cabana that we wanted. So, he said, "You can totally get somebody yourself." So, we did. And uh we did the cabana in lock step with the pool being built. So they were working at the same time. They had to dig holes. They had to pour concrete for the cabana guy. So it was all in my mind, I'm not a contractor, they're working together. So when uh it all was finished, city of Milton came in to inspect. They came through. They looked at the pool. All was good. They looked at the cabana. All was good. He said, "As soon as I get back to the office," I can't remember the gentleman's name. It will be approved and you should get approved, you know, this afternoon or whatever time it was. and we didn't get the approval. So, when I checked on it, it said that the gazebo wasn't permitted. And uh that was news to us because it was supposed to be. We thought we were under the impression that was we wouldn't intentionally build this without that. Um so, we didn't know what to do. We're like, "How do we tried to go back to the pool contractor? They said, "No, you should have done it." We we told a pool contractor to permit the uh gazebo with the with uh the pool. So, we just thought that was happening. I don't know really. I do now know how to read plans, but I didn't then. I didn't know the rules now then, but I do now. I didn't know anything about a setback. Um, obviously, if they would have gone through the permit process, this variance would have been part of that permit process, I'm sure. Um, there's no other place that we could put this. So, it's in the spot where there's septic on the left of the pool. If you're facing the pool, facing the backyard, there's like a ditch, drainage ditch that goes to septic field. Okay. Yeah, there's your septic field there. If you can see on the cursor, there's a drainage ditch that goes to the retention pond right there. And I mean, so it's right there, right in the back. We had to bring in dirt. We brought in 30 truckloads of dirt to

build it up. We compacted everything, soil tested all that good stuff. And uh when I go back there and I look, if you're at the corner of that cabana, I think I have I think it's actually like 70 feet or something. But it does not look like like our backyard when we moved into Brightwater, we owned to the fence, the fence line. Like that's our yard. And uh it's 90 ft from the cabana. So when we first put in the first applicant or when we did the uh gazebo permit with O'Neal, it came back as denied because it didn't meet setback. And I'm like, how does it what's the setback? 100 feet. And uh it was 50 feet. I'm like, there's no way. We went and measured it. We're like, we couldn't get it long enough. We're like, it's at least 75 ft. And then we found out through another survey that I got cuz I didn't believe that it was true that we were actually within the 25 ft. So, I paid for another survey. We had that done a month ago, month and a half ago. So, we're just in this process now trying to figure out how to get this done. But, I I do want to tell you that it was not intentional to do it without a permit. Not at all. Would never want to do that. We're just trying to make it right now. Um, weirdly at the same time, now I'm being transferred to to another state with my job. So, we've uh sold our home. We bought another home. We we're in like a contingent contract in Florida. Um, it's kind of contingent on us selling our home. So, we're in this we can't really sell it without this variance. So, it's like we are in a weird situation where there's a lot of uh a lot of issues that would happen to us for us to have to take the cabana down or remove the cabana or not get this variance if that makes sense. Uh it can't be put anywhere else. It's very well built. It's a beautiful cabana. We've all All of our neighbors have asked who the contractor was and if they could I mean it's you guys saw the pictures. It's a nice cabana. It definitely improves the value of the home. Um, I think I don't know the house

would sell without the cabana, you know. So, it's it's just it's something that and I will say I don't know what the intention of the setback is, but I'm guessing it's to not encroach on any neighbors or public lands or anything. I don't know what the setback code is, but it does not. If you look at the top of that cabana, it is by itself. It's like 250 ft from that house, 150 ft from the house to the right, 150 ft to the left, 100 to the right, 150 ft to the front. Is just it doesn't encroach on anybody and it obviously it doesn't there's no safety issue with it. It's really well built. It's it's got it went through the whole process other than getting this permit done. Are there any buildable lots around your lot anywhere? No. That retention pond or detention pond is your neighborhood's attention pond. Yeah. It goes back. It's very like a primitive area. It's a lot of there's walking trails. If you guys don't know Sweet Apple area, if you look at the top view, it's just it's all built out. There's nothing else that's going to be built there. And you go from our our house, bunch of trees, retention pond, then there's walking trails that go through the fort. I mean, you go back to a a lake back there, Lake Sibly. Um, and then you go up the hill and then that's when the other street of the guy that we didn't we weren't able to get to sign the variance request. Not because he didn't agree with it, just because he was unresponsive. He originally thought we were the house next to the house that we are like the house next to us because he said, "Oh, we I talked to my neighbor and he said he didn't get the letter and he's the one." But and I'm like, "No, we're the ones behind you because we're on the other side of the retention pond." He's like, "Oh, no worries." But then I never heard anything. And I did try again after the design meeting to get him to sign. And he just I I would assume if he had a issue with it because he knew we had the variance. even said that in the text and we had

the sign out front and they came by our house for uh trick-or-treating that they would be here tonight and they're not. So, I haven't heard anything to say nay on that. Is your yard fully fenced? Yes. And it goes all the way back to this fence that's I don't know. Yeah, it's Yeah, it's it's kind of like right there probably 40 50 feet to your property line. Yeah, it's fully fenced. That's the fence that is used for the pool as it's fenced in. So the back fence is the retention pond fence and then all the way around to the side. Did you all add any of that fencing or was there when you bought it? The back fence was we only added the side the back and so if you're facing the backyard the left and then the back and then we added the right side and then to the house. Any other questions for the applicant? Good. No. Mr. Cherry, if you want to hang on for one second. Michael, do we have anyone else wishing to speak in favor or in opposition? We do not. Do not. Mr. Cherry, if you'd like to make a closing statement at this time, you're welcome to do that. Or if there's any additional information you want to share with us, not necessary, but it's up to you. You have it all. Do you guys do you have anything? I'm just [laughter] I don't just I just I really I didn't do it intentional. I wouldn't I I I appreciate that there's a process and I appreciate that we have to go through this. That's one of the reasons why Milton is a good city to live in and [snorts] I hate to leave it but uh we did not do it on we would not intentionally not get a permit and we're just trying to make it right now but not because our house is selling because that just happened you know you know we had already started this process before that. So thank you I appreciate it. [clears throat] Thank you. Good. Yeah, we're good. There any additional questions for staff?

I have a question from for Michael about the permitting process. Did you say that they have already applied for the permit and it has passed an inspection and it meets all codes waiting on the variance to go through? The reviews have been approved. So conceptually he submitted building plans showing structural requirements for the building. But we don't we wouldn't do this site visit after permit issuance. So So I guess my question is if we approve this variance then the the pavilion would have to be brought up to code if it doesn't meet code. Correct. Correct. Yes. Is that in in one of the uh well basically the building department has already approved the permit. The only denial they reviewed the retroactive building plans. The only denial is me for zoning. Okay. Based off of this uh [clears throat] So once it's approved, then they'll go out and inspect to make sure it's up to code matches what the building plan showed. Yeah. Yes. And if it doesn't, the property owner will have to bring it up back in either through another variance or bring it up to specs. Is that right? I think the I don't suspect there are any issues cuz it's an asbuilt condition building permit. So the inspector would just make sure it everything matches what the building plans essentially. Thanks for clarifying that. Any other questions for staff? I'll close the public portion of let me get those. Did you ask if there's any comments? He said there weren't. Okay. I'll close the public portion of V25-171255 Sibly Lane and open the floor for a motion in a second. Second

motion to approve. I knew you were going to say that. Second that request. [laughter] I don't have anything. Can you um I'll making motion to approve V25-17 at 1255 Simply Lane uh with a recommended condition from the staff. If approved, staff recommends the following condition per the existing condition survey from the Survey Land Express, Inc. received on October 2nd, 2025 by the community development department. Second. Is that Nick and Zach? Nick and Zach. So, we've got a motion from Nick and a second from Zach on B25-171255 Sibly Lane with one condition per the existing condition survey from Survey Land Express, Inc. received on October 2nd, 2025 by the community development department. Nick, did you want to uh start your discussion? I mean, I think that there was no ill will intended here. I don't think that um it's obviously not encumbering anything. It backs up to a retention pond. I think that um obviously given the you know kind of extraordinary circumstances that have placated out here and where the property lies and or the setback of where they believed it was versus where it was and cumbersome with also the uh two different contractors that he's obviously not a building contractor. He's not sitting there looking at surveys and understanding exactly what approval processes are going to be required by zoning, city, state, etc. Um I I don't think there's there's any harm or any detriment to any of the neighbors or any hill will. So in my opinion, I think that you know I'm in good of favor of you know approving this and so that they

can kind of move on here and we hate to lose a good neighbor in Milton but you know jobs call for other duties in other states. One thing that I'll add uh to Nick's comments is the applicant has a support of the adjacent property owners, the homeowners association. They also per the request of DRB went and tried to make contact with that neighbor that was 250 yard feet away. Uh so I think they've done everything to try and get it in the right spot. Yeah, I agree. Yeah, I think I think the purpose of the setback is is kind of met here um with the location of the pavilion to adjacent property owners and with the assistance of a retention pond that pretty much takes up all the space between him and the neighbors. So, any other comments? I will call for a vote on V25-171255 Sibly Lane with one uh motion was by Nick second by Zach with one condition uh per the existing conditions survey from land survey excuse me survey land express inc received October 2nd 2025 by the community development department. All those in favor say I. I. All those opposed say nay. Motion passes unanimously. Good luck with your move, guys. Item seven on this evening's agenda is consideration of appeals of secondary variances. None. Item eight is old business. None. Item nine, 2026 calendar. That is correct. Should have a paper copy, but I'll pull it up on the screen as well. This is the last scheduled meeting of 2025, so it will require a vote for our bylaws.

Any comments on it at all? Kind of check spring break dates and it really just impacts I think the other uh the DRB and not necessarily us. Yeah, I think we're good if I can tell. I'll call for a vote. I'll make a motion to approve the 2026 uh budget uh as presented this evening. Calendar calendar. Sorry, not the budget. [laughter] So, your second 2026 uh the 2026 calendar uh for the board of zoning appeals as presented this evening. I'll second. Got a motion from Hajj and a second from Billy to approve the 2026 calendar for the board of zoning appeals as presented this evening. Any discussion? Seeing no discussion, I'll call for a vote. All those [snorts] in favor say I. I. All those opposed say nay. Motion passes unanimously. Item 10. Make a motion to adjurnn. Second. We got a motion to adjurnn. All those in favor say I. I. All those oppos say nay. The motion passes unanimously.