License and Variance Board Meeting - Council Chambers — Minutes
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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: