License and Variance Board Meeting - Council Chambers — Minutes
Open official source ↗ · Source page 9
June 24, 2026 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 9 of 18 square foot in-ground swimming pool with 290 square feet of decking in the rear yard. A 198 square foot firepit area will be installed adjacent to the pool, relocating it slightly south from its previous nonconforming location in the 75-foot impervious surface setback (no previous variance records were on file for the encroachment). The applicant has designed the pool to stay out of the State’s 25-foot stream buffer but encroaches into the City’s 50- foot undisturbed buffer by 104.8 square feet and encroaches into the 75-foot impervious surface area setback by 1,280 square feet. (Note the 50-foot undisturbed buffer encroachment is to reroute the river rock swale in the rear yard.) The original house was constructed at the maximum impervious surface area of 45%, leaving no room for additional impervious improvements. To reduce the increased impervious surface area, the applicant is proposing ProFlow artificial turf, which the Engineering Department has determined meets the requirements for pervious material. Even with the turf, after the construction of the swimming pool and decking, the impervious surface area will be above the allowable 45% by 8% (or 773 square feet). To offset the increase in impervious surface area and the stream buffer encroachments, the applicant is proposing the installation of a rain garden directly behind the pool to the north. The Engineering Department has reviewed the application and accompanying mitigation plan and supports the method used for buffer mitigation. Due to the existing stream buffers in the rear yard, Community Development believes these are the minimum variances needed to allow for any outdoor amenity. Due to the location of the pool in the rear yard, Community Development believes the proposal will not adversely impact adjacent properties. Strict application of the ordinance would deny the applicant the ability to build any outdoor amenity in the rear yard due to the existing stream buffers. Similar variances have been approved throughout the city when an appropriate mitigation method has been included, to include next door at 1558 Sophia Lane in 2023 (V23-054). Community Development has not received any calls in opposition to the request. The applicant is requesting relief from the RDA maximum impervious surface area requirement and from the City’s 50-foot undisturbed stream buffer and 75-foot impervious surface setback to install an in-ground swimming pool in the rear yard. According to Section 1403 of the Zoning Ordinance, zoning variances must be reviewed under the following standards: (1) Whether there are unique and special or extraordinary circumstances applying to the property; (2) Whether any alleged hardship is self-created by any person having an interest in the property; (3) Whether strict application of the relevant provisions of the code would deprive the applicant of reasonable use of the property; and (4) Whether the variance proposed is the minimum variance needed. Additionally, 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 from both ordinances, Community Development and Engineering believe that the encroachment will not adversely affect surrounding residents nor the existing stream; therefore, staff recommends approval of the requested variances with the following conditions: