License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes
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June 11, 2025 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 2 of 9 applicant has designed the building footprint and construction disturbance to stay out of the State’s 25-foot stream buffer but encroaches into both the City’s 50-foot undisturbed stream buffer and the 75-foot impervious surface setback due to the setback and topography constraints. No other variances are needed for the construction of the new home or pool. In order to construct the new home, the applicant will disturb the City’s 50-foot undisturbed stream buffer and the City’s 75-foot impervious surface area setback by 3,705 square feet. The applicant will mitigate the disturbance by installing two bmps with a gravel sump system in both the front and side yard. The Engineering Department has reviewed the application and accompanying mitigation plan and supports the method used for buffer mitigation per the Georgia Stormwater Management Manual requirements. Community Development believes the hardship is not self-created, as the lot of record has existed before the stream buffer ordinance was adopted. Community Development believes these are the minimum variances needed to allow for any building construction, and that there should be no negative impacts to adjacent properties if approved. In fact, the same variances were approved in 2018 across the street at 1272 Kingsview Circle (V18-007-008) so there is a precedence for these types of variances in the immediate area. 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; therefore, staff recommends approval of the requested variances with the following conditions: 1. Approval is conditioned upon substantial compliance with the elevation and site plan submitted with the variance application. 2. A Stormwater Inspection and Maintenance Agreement shall be completed and recorded with the Cobb County Superior Court prior to issuance of the building permit. 3. A stormwater as-built certification statement shall be submitted to Community Development for approval prior to issuance of the building permit Certificate of Completion. 4. Any damaged or broken curb caused during construction shall be replaced prior to issuance of the building permit Certificate of Completion. Davin Harris, 1234 Kingsview Drive, applicant and owner of the property across the street came forward. He stated he understands and agrees with the stipulations read into record. Board Member Jones asked if the lot had a home on it. Mr. Harris said it is a vacant lot. A public hearing was called: