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 3 of 5 F. V26-068 Public Hearing - Variance Request - V26-068 - Allow encroachment into the City's 50- foot undisturbed stream buffer - Land Lot 530 - 1151 Rhyne Chase - Shasta Little Ward 6 Mayor Pro Tem / Councilmember - Tim Gould Caitlin Crowe, Land Development Services Coordinator, provided the following background: The subject parcel is a 0.37-acre lot located at the south side of the Rhyne Chase cul-de- sac in the Paces Springs subdivision. The subject parcel and adjacent parcels to the north, east, and west are zoned RDA and are occupied by single-family detached residences. The adjacent property to the south is in Cobb County and is occupied by a baseball field for Rhyne Park. A stream runs through the east and west rear of the property and continues through to the adjacent property to the south. In early November 2025, a Stop Work Order was issued to the property after it was discovered a deck and retaining walls were being erected on the property without the proper permits. Once the applicant submitted for permitting in December 2025, they were notified that a variance would be required prior to permit issuance of the deck or retaining walls. A variance application was submitted in January 2026; after no activity on the application, a second application was submitted in June 2026. The applicant is proposing to retain the newly erected tiered retaining walls in their current location; a small portion of the first wall will be removed, as it encroaches onto the western neighboring property by 2.9 feet. Per the Engineering Plans Reviewer, the 6-square-foot portion of the third wall that encroaches into the 25-foot State undisturbed buffer may remain, as it is less than 100 square feet of encroachment. A 473 square foot deck was previously on the rear of the home, extending into both the City’s 75-foot impervious surface setback and the 50-foot undisturbed stream buffer. As part of the backyard renovation, the deck was removed and in the process of being replaced. Due to the Stop Work Order, the deck has been in disrepair for several months. Once completed, the deck will be smaller than the original deck at 388 square feet and will no longer encroach into the City’s 50-foot undisturbed stream buffer. The rear yard and a majority of the home itself is greatly encumbered by the State’s 25- foot undisturbed buffer, the City’s 50-foot undisturbed stream buffer, and the City’s 75-foot impervious surface setback, with no section of the rear yard untouched by stream buffers. Since the property was platted in 1998, prior to the Stream Buffer Protection Ordinance in 2005, the hardship is not self-created outside of starting the work without a permit. No other variances are needed as the property is below their impervious coverage maximum of 45% and the structures fall within the required building setbacks. Combined, the three tired retaining walls and wooden deck encroach into the City’s 50- foot undisturbed buffer by 156 square feet, 500 square feet into the City’s 75-foot impervious surface setback, and 6 square feet within the State’s 25-foot stream buffer. To offset the stream buffer encroachments, the applicant is proposing the installation of downspout disconnects at the rear of the home. Downspout disconnects reduce stormwater runoff and improve water quality by redirecting roof runoff away from the storm drain system, allowing it to infiltrate and spread across pervious areas. The travel path across a grassy or vegetated area reduces runoff volume by encouraging infiltration and improves water quality by filtering pollutants from the stormwater before it reaches downstream waterways. The Engineering Department has reviewed the application and accompanying mitigation plan and supports the method used for buffer mitigation.