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 8 of 11 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 encroachment will not adversely affect surrounding residents nor the existing stream; therefore, staff recommends approval of the requested variance with the following conditions: 1. Approval is conditioned upon substantial compliance with the elevation and site plan submitted with the variance application. 2. The combination plat approved on February 27, 2025 shall be recorded with the Cobb County Superior Court to combine the subject property and neighboring property and show the extension of the impervious surface setback. Sean Seymour, applicant, stated that next time he will do more research and be more diligent. He understands and agrees to the stipulation read into record. A public hearing was called, and no one came forward in favor of or in opposition to this item. Board Member Bo Jones made a motion to approve item V25-032; seconded by Board Member Andrea Worthy. The motion to approve carried with the following vote: Aye: 3 – Chairperson Garland, Board Member Jones, Board Member Worthy Nay: 0 – None Recuse: 0 – None G. V25-033 Public Hearing - Variance Request - V25-033 - Allow encroachment into the City's 75-foot impervious surface setback - Land Lot 488 - 1071 Bank Street - Kodell Jackson Ward 3 Councilmember - Travis Lindley Caitlin Crowe, Planner I, provided the following background: The applicant is seeking two stream buffer variances to allow for the construction of an above ground swimming pool at 1071 Bank Street. The subject parcel is located within the Parkview Village Subdivision, which was rezoned in July 2004 (Z04-017) and subsequently platted in March 2005, prior to the current Smyrna Stream Buffer Ordinance, which was implemented in August 2005. However, the existing home was already on the property prior to rezoning and was proposed to remain. To accommodate the existing home, a variance was issued with the rezoning to reduce the 50-foot stream buffer to a 25-foot stream buffer for that residence only with the stipulation that any new structures shall be required to maintain the City’s minimum stream bank buffer requirements. Once the code was amended later that year, the current 50- foot undisturbed stream buffer and the 75-foot impervious stream buffer came into effect and any new structures would need to conform to current code. The City’s stream buffers are currently controlled by Chapter 46, Article VI in the Code of Ordinances.