GovernSmyrna.

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

Open official source ↗ · Source page 9

SHA-256 80e83cd39d105b9560c2f387fdd162f86b106d0b4c2a3cc74ed819802b1d7be8 · Captured source extract

 
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: