The Dunwoody Zoning Board of Appeals unanimously approved a variance April 9 allowing an existing 3-foot retaining wall to remain in the street and rear setbacks of a triangular lot on Dunwoody Club Drive.
Staff told the board the lot is roughly 28,000 square feet, is unusually tapered and subject to a 40-foot arterial street setback and a 40-foot rear setback, and that unpermitted work including the retaining wall had been noticed by the City of Dunwoody city engineer in February 2025. “Based on these reasons, we are recommending approval of the request subject to only 1 condition here that it'd be in substantial compliance with the site plan,” staff said.
Applicant Nahal Teitelbaum told commissioners the encroachment resulted from a contractor’s measurement error and said the property remains underbuilt at about 23% lot coverage. “Requiring demolition under these circumstances would impose an undue hardship well beyond a minor inconvenience,” Teitelbaum said.
Board members asked about timing and the contractor’s role, and noted the lot’s odd shape and prior erosion problems. One member moved to approve the variance from chapter 27, §2-69, specifying that construction must substantially comply with the submitted site plan prepared by Survey Land Express (dated 03/24/2025). The motion passed unanimously.
The board recorded approval without further conditions beyond site-plan compliance. The Chair closed the item and the meeting moved on to other cases.