License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes
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July 09, 2025 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 6 of 8 D. V25-065 Public Hearing - Variance Request - V25-065 - Allow encroachment into the City's 50-foot undisturbed stream buffer - Land Lot 617 - 5080 Healey Drive - Gary Krajecki Ward 7 Councilmember - Rickey N. Oglesby Jr. Caitlin Crowe, Land Development Services Coordinator, provided the following background: The subject parcel is a 0.31-acre lot located on the southern side of Healey Drive within the Woodland Gate subdivision. The subject parcel and all adjacent parcels are zoned RDA and are all occupied by single-family detached homes. The subject parcel was originally platted in 2001, prior to the Smyrna Stream Buffer Ordinance, which was implemented in 2005. 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 southern edge of the property. A portion of the subdivision’s detention facility takes up the majority of the rear yard and a 20-foot sanitary sewer easement runs along the eastern length of the property. The applicant is proposing to remodel their rear yard by replacing the existing wood retaining walls with new modular block retaining walls, expanding the rear deck, and installing a new patio. Since the existing house was built in 2003, the retaining walls and rear deck (not to mention a portion of the house itself) are within the City’s stream buffers. Although the applicant will be further encroaching into the City’s 50-foot undisturbed stream buffer with a new patio, the patio will be constructed of pervious pavers to try and offset as much of the disturbance as possible. Additionally, the two wooden retaining walls will be moved further from the stream by a foot and consolidated into one modular block retaining wall to limit the encroachment and provide more stability for the detention pond and existing home. No other variances are needed for the construction, as the site is below their maximum impervious square footage and the deck is outside the setbacks. In order to construct the retaining wall, deck, and patio, the applicant will disturb the City’s 50- foot undisturbed stream buffer by approximately 450 square feet and the City’s 75-foot impervious surface area setback by approximately 510 square feet. However, approximately 270 square feet of the City’s 50-foot undisturbed stream buffer and 250 square feet of the City’s 75-foot impervious surface setback were previously impacted, making for a new total stream buffer impact of 225 square feet. The applicant will mitigate the rear yard disturbance by using pervious pavers within the 50-foot undisturbed stream buffer and revegetating the disturbed area on the slope. Additionally, due to the steep sloping and the detention pond, the applicant will also be installing double row silt fence and hay bales during construction to limit any potential impacts. The Engineering Department has reviewed the application and accompanying revegetation plan and supports the method used for buffer mitigation. 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.