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License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes

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March 26, 2025 
10:00 AM 
 
City of Smyrna 
License and Variance Board Meeting 
2800 King Street SE 
Council Chambers 
 
Page 7 of 11 
 
application, the applicant has submitted for a combination plat to combine the subject 
property and neighboring property to the west, 941 Reed Road. Once recorded, the 
subject parcel will be 0.84 acres. The subject parcel and adjacent parcel to the south are 
zoned R-15; one parcel to the south is occupied by a detached single-family home while 
one parcel is unused City right-of-way. The adjacent parcel to the west is also zoned R-15 
and is currently vacant. The adjacent parcels to the north are zoned RDA and are 
occupied by detached single-family homes, all of which are in the Woodland Pass 
subdivision. The parcel to the east, zoned RDA, functions as the Woodland Pass 
subdivision’s open space. The subject parcel was originally platted in 1959 and 
subsequently revised in 2001, prior to the Smyrna Stream Buffer Ordinance, which was 
implemented in 2005. 
  
In November 2024, a 198 square foot accessory structure was constructed straddling the 
property lines of both 951 and 941 Reed Road without obtaining the proper variance; due 
to the size being under 200 square feet, a building permit is not required. Code 
Enforcement subsequently issued a notice of violation to the subject property for stream 
buffer encroachment, at which time the applicant immediately began working with staff on 
the combination plat and variance application. Since the applicant/property owner owns 
both lots (941 and 951 Reed Road), the structure was allowed to remain prior to the 
combination plat. 
  
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 due to a creek 
that runs through the middle of 941 Reed Road and leads to a large detention pond in the 
front yard. In order to retain the accessory structure, the applicant will disturb the City’s 
75-foot impervious surface area setback by 95 square feet. The applicant will mitigate the 
disturbance by extending the 75-foot impervious surface setback by 140 square feet. The 
new impervious area will be contiguous with the existing stream buffer and will require an 
update to and recording of the parcel plat to delineate the new impervious setback limits. 
(Note that in February 2025, the applicant submitted the combination plat to include the 
proposed mitigation for the shed encroachment, which has been approved and is waiting 
to be recorded at the Cobb County Superior Court.) 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 
  
Once the parcels are combined, no other variances will be needed, as the site is below 
their maximum impervious square footage and the accessory structure will be outside the 
setbacks. In fact, the combination plat will also bring the existing house into conformance 
with current code, as the side of the home is currently encroaching into the side setback; 
with the lots being combined, the side setback will be moved to follow the new edge of the 
western property line. 
  
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 this is the minimum variance needed to allow for any outdoor amenity 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 request, 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