GovernSmyrna.

License and Variance Board Meeting - Council Chambers — Minutes

Open official source ↗ · Source page 7

SHA-256 7421621240b918df7e08740588cc14ba1338dcf7c714c9329ce38c67166ccb6c · Captured source extract

 
June 24, 2026 
10:00 AM 
 
City of Smyrna 
License and Variance Board Meeting 
2800 King Street SE 
Council Chambers 
 
Page 7 of 18 
 
  
The subject parcel is currently a 0.63-acre quasi-corner lot located on the southwest 
intersection of Willowbrook Drive and Manson Avenue (see Figure 1). The subject parcel 
and all adjacent parcels are zoned R-20; all are occupied by single-family detached 
homes. A stream runs through the far rear of the property with a 20-foot sanitary sewer 
easement through the middle of the rear yard as well as to the north of the home, which is 
situated on the southernmost side of the property. A 20-foot drainage easement zigzags 
the southwestern side of the property as well as the northern corner. 
  
The subject parcel was originally platted in 1969, prior to the Smyrna Stream Buffer 
Ordinance, which was implemented in 2005. Due to the creek that runs through the 
eastern side of the lot, the subject property is greatly impacted by the State’s 25-foot 
stream buffer, City’s 50-foot undisturbed buffer, and the City’s 75-foot impervious surface 
setback. With the sanitary sewer and drainage easements bisecting the property in 
several locations, the amount of buildable area on the property is very limited. 
  
As part of a larger renovation of the existing home, the applicant is proposing to demolish 
the existing 528 square foot deck and covered porch on the rear of the home and replace 
with a 521 square foot deck which will be shifted northwards on the rear of the home. 
Since the existing house was built in 1973, the northeastern corner of the existing house 
is not only within the City’s 75-foot impervious surface setback but is also 2.6 feet into the 
12-foot side setback. To move the addition out of the side setback and allow more 
usability with their proposed floor plan, the addition will further encroach into the City’s 75-
foot impervious surface setback. No other variances are needed for the construction, as 
the site is well below their maximum impervious surface square footage and the addition 
will now be outside the setbacks. 
  
There will be 92 square feet of new impervious surface area added to the 75-foot 
impervious surface setback. Based on the minimal increase in impervious surface within 
the City’s 75-foot impervious setback and considering the presence of drainage and 
sanitary sewer easements that limit available space, the Engineering Department has 
determined that stormwater mitigation is not required for the proposed work. 
  
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 this is the minimum variance needed to allow for any reconfiguration 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 variance with the following condition: