Board approves retaining-wall variance for corner lot after neighbors withdraw opposition

The Dunwoody Zoning Board of Appeals approved a variance April 9 allowing a retaining wall up to 4 feet tall to encroach into the rear setback at a corner lot near Vermaque Road and Vanderlyn Drive (case ZBA-26-08).

Staff said the applicant initially proposed a pool encroaching into the 10-foot accessory-structure setback, but the March 27 updated site plan moved the pool to meet the 10-foot setback, removing the pool from the variance request. The remaining request covers a maximum 4-foot retaining wall that would encroach as much as 39 feet into the 40-foot rear setback, leaving the wall about 1 foot from the property line. Staff recommended approval subject to two standard conditions.

Applicant Nicole Hague, who said she has lived at the property for 27 years, described prior severe erosion and basement flooding at the previous house and said the retaining wall is intended to mitigate erosion and create a stable area for outdoor improvements. Staff and the applicant told the board they had received a neighbor’s letter in opposition but that the applicant’s surveyor had emailed clarifying information; after receiving the clarification the neighbors told the applicant they no longer opposed the project.

Board members asked whether the wall would compromise a neighbor’s fence and whether the proximity raised structural concerns; the applicant said the surveyor concluded there was no scientific basis for such concern. A motion to approve the variance from chapter 27 §2-69 was moved and seconded; the board voted unanimously to approve. Conditions included substantial compliance with the submitted site plan prepared by Survey Land Express dated 03/27/2026 and a provision that approval becomes void if construction has not commenced within two years.

The board adjourned following routine closing business.