License and Variance Board Meeting - Council Chambers — Minutes
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July 08, 2026 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 4 of 5 Due to the existing stream buffers encumbering the entirety of the rear yard and the existing home, Community Development believes these are the minimum variances needed to allow for any outdoor amenity and that there should be no negative impacts to adjacent properties if approved. Additionally, the same variance was approved next door at 1153 Rhyne Chase in 2024 (V24-054). At the time of this report, Community Development has not received any calls in opposition to the request. The applicant is requesting relief from the City’s 50-foot undisturbed stream buffer and City’s 75- foot impervious surface setback to retain retaining walls and a deck in the rear yard. According to Section 46-160 of the Stream Buffer Protection Ordinance, 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 Engineering believe that the encroachments will not adversely affect surrounding residents nor the existing stream; therefore, staff recommends approval of the requested variances with the following conditions: 1. Approval of the requested variances shall be conditioned upon substantial compliance with the site plan submitted with the variance application. 2. A third-party engineer report shall be submitted for the deck footings and retaining wall footings prior to issuance of the building permit. 3. An as-built certification letter must be submitted for the retaining walls, stamped by a P.E., prior to completion of the retaining wall permit. 4. The applicant shall install a guardrail along the retaining walls wherever the wall is 30- inches or greater in height. The guardrail must be a minimum 36-inch height with no more than 4-inch slats the entire length of the wall. 5. The four-square-foot portion of the retaining wall encroaching into the adjacent property of 1153 Rhyne Chase shall be removed prior to issuance of the Certificate of Completion. Chairperson Garland asked Clara Hodges, Plan Reviewer, to discuss what downspout disconnects do. She explained that downspout disconnects discharge over pervious area. Discharging them onto a grassy area allows for filtration of pollutants before downstream impervious or stream area. The property has the proper configuration for this. Shasta Little, permit authorized agent/applicant, stated that she understands and agrees to the five stipulations read into record. A public hearing was called, and no one came forward in favor of or in opposition to this item. The public hearing was closed. Board Member Andrea Worthy made a motion to approve item V26-068; seconded by Board Member Dustin Davey. The motion to approve carried with the following vote: Aye: 3 – Chairperson Garland, Board Member Worthy, Board Member Davey