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 9 of 11 The subject parcel is a 0.49-acre lot located on the northeast intersection of Bank Street and Guthrie Street. The subject parcel and adjacent parcels to the north and east are zoned RDA whereas the adjacent parcel to the west is zoned R-15. The adjacent parcels to the south are a combination of RDA and R-15. All parcels are occupied by single-family detached homes. The applicant is currently renovating the interior of the existing two-story home under a building permit issued in November 2024. As part of the home’s renovation, the applicant is proposing to build a 160 square foot above-ground swimming pool on the subject property. The swimming pool will be attached to the new screened-in porch via 273 square feet of decking and be made of corrugated metal. 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 the creek that runs along the western edge of the property. A 20-foot sanitary sewer easement also runs along the majority of the southern length of the property. No other variances are needed for the construction of the swimming pool, as the site is below their maximum impervious square footage and the pool is outside the setbacks. The applicant is proposing the pool as far from the existing stream as possible while still maintaining the line of the existing home. However, in order to construct the swimming pool, the applicant will disturb the City’s 50-foot undisturbed stream buffer by 83 square feet and the City’s 75-foot impervious surface area setback by 171 feet, for a total stream buffer impact of 254 square feet. The applicant will mitigate the rear yard disturbance by extending the 50-foot undisturbed buffer into the 75-foot impervious surface setback by 94 square feet and then extend the 75-foot impervious surface setback by 171 square feet. The new impervious area will be contiguous with the existing stream buffers and will require an update to and recording of the parcel plat to delineate the new undisturbed and impervious setback limits. 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 house footprint 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 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: