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Board grants setback variance for retroactive cabana at Sibley Lane; applicant says it was unintentional

November 19, 2025 | Milton, Fulton County, Georgia


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Board grants setback variance for retroactive cabana at Sibley Lane; applicant says it was unintentional
The Milton Board of Zoning Appeals on Nov. 18 unanimously approved a request to reduce the 50‑foot rear setback to approximately 25.7 feet for an existing covered patio/cabana at 12555 Sibley Lane, contingent on a condition referencing an existing conditions survey.

Staff introduced case V25‑171255 and said the property — a 1.12‑acre lot in the Sweet Apple subdivision — backs to the Sweet Apple detention pond and that the applicant initially believed the pond fence marked the rear property line. Staff noted the cabana was built in August 2023 without a prior zoning permit and that the building department had reviewed and approved building plans; zoning clearance remained pending until the variance was granted.

The applicant who spoke in person identified himself as Brandon Terry of 12555 Sibley Lane and told the board, "We did not intentionally do this without a permit." Terry said he sought HOA approval for a pavilion, relied on contractors during construction, paid for a later survey when he questioned the setback, and that he and his family are now under a time constraint because he has been transferred for work out of state and has a contingent sale dependent on resolving the zoning issue.

Staff said the applicant submitted a retroactive building permit and that building reviews were approved; the building inspection phase would verify that the as‑built structure matches approved building plans once zoning is resolved. DRB had recommended approval, and staff recommended a condition based on the existing conditions survey from Survey Land Express Inc (received 10/02/2025).

Nick Horton moved to approve V25‑171255 with the staff‑recommended condition referencing the Oct. 2, 2025 existing conditions survey; Zach Middlebrooks seconded the motion, and the board voted unanimously to grant the variance.

Board discussion noted the lot backs to a detention pond and that neighboring property owners and the HOA had provided support letters; members said there appeared to be no material detriment to adjacent properties given the pond buffer and screening. The variance approval enables the applicant to pursue final zoning clearance and building inspection sign‑off required for permit completion.

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