City of Atlanta Board of Zoning Adjustment v. Kelly

Judge Harold R. Banke.

The City of Atlanta Board of Zoning Adjustment and its members (collectively “BZA”) appeal the entry of default judgment which reversed the BZA’s denial of a variance to homeowner Scott Kelly.

The underlying case arose after Kelly commenced work on a construction project involving a new carport and breezeway, which encroached beyond the required rear and side yard setbacks. Although the applicable zoning ordinance mandated a seven-foot side yard setback and a ten-foot rear yard setback, Kelly planned to reduce the side yard setback from seven to two feet and the rear yard…