License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes
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November 12, 2025 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 5 of 10 proximity to the 25-foot buffer, the applicant will be installing either double row silt fence or a double row of hay bales during construction to prevent any potential impacts to the stream. The Engineering Department has reviewed the application and accompanying mitigation plan and supports the method used for buffer mitigation. Community Development believes the hardship is not self-created, as the house footprint has existed before the stream buffer ordinance was adopted. Community Development believes these are the minimum variances needed to allow for any expansion due to the buffers, and that there should be no negative impacts to adjacent properties if approved. Similar variances have been approved throughout the city when an appropriate mitigation method has been included. At the time of this report, Community Development has not received any calls in opposition to the request. According to Section 46-160 of the Stream Buffer Protection Ordinance, stream buffer variances must be reviewed under the following standards: (1) The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property; (2) The locations of all streams on the property, including along property boundaries; (3) The location and extent of the proposed buffer or setback intrusion; (4) Whether alternative designs are possible which require less intrusion or no intrusion; (5) The long-term and construction water-quality impacts of the proposed variance; (6) Whether as a result of an exchange of buffer area the net buffer area is not reduced; and (7) Whether issuance of the variance is at least as protective of natural resources and the environment. After a review of the standards above, Community Development and the Engineering Department believe that the encroachments will not adversely affect surrounding residents nor the existing stream as presented in the plan; therefore, staff recommends approval of the requested variances with the following conditions: 1. Approval is conditioned upon substantial compliance with the site plan and mitigation plan submitted with the variance application. 2. A combination plat to adjust the property lines must be submitted to the City prior to issuance of the building permit. Once approved and signed by the City, the plat shall be recorded with the Cobb County Superior Court prior to issuance of the Certificate of Completion. 3. A Stormwater Inspection and Maintenance Agreement shall be completed and recorded with the Cobb County Superior Court prior to issuance of the building permit. 4. Prior to any land disturbance, the 25-foot Undisturbed State Buffer shall be staked and an Environmental Inspector with the City shall inspect and approve erosion control BMP placement and installation. If there is any encroachment greater than what is shown on the site plan, approval shall be required from the EPD prior to foundation pour. 5. An as-built survey shall be submitted prior to foundation pour due to the proximity to the State’s 25-foot stream buffer. 6. A stormwater as-built certification statement shall be submitted to Community Development for approval prior to issuance of the Certificate of Completion. Clara Hodges, Plan Reviewer, stated that the City engineer has reviewed and approves of this plan. Ashleigh Stover, applicant, stated that she has the completed plat. She stated she understands and agrees to the six stipulations read into record. A public hearing was called, and no one came forward in favor of or in opposition to this item.