License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes
Open official source ↗ · Source page 5
April 09, 2025 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 5 of 8 The subject property is currently occupied by a 3,823 square foot two-story single-family home, built in 2017. Per aerial imagery, a 410 square foot patio was constructed sometime in 2020 in the rear of the property without obtaining the proper variance since the patio put the property over the allowable impervious coverage by 3% (or 397 square feet); due to the patio being flush with the ground, a building permit was not required. The applicant is now proposing to add a 540 square foot in-ground swimming pool and spa with 197 square foot decking in the rear of the property. After the addition of the pool and accompanying decking, the impervious surface area will be above the allowable 35% by 8.8% (or 1,158 square feet). To offset the additional increase in impervious surface area, the applicant is adding a 166 square foot infiltration swale to the rear yard, to the south of the proposed swimming pool. The Engineering Department has reviewed the application and is supportive of the proposed mitigation method with the stipulation that a Stormwater Inspection & Maintenance Agreement be recorded prior to pool permit issuance. Community Development believes the requested variance is the minimum variance needed to build an outdoor amenity on the property. Strict application of the ordinance would deny the applicant any ability to modify any portion of the property since the existing impervious area is already over the allowable maximum impervious coverage. 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 received an email in opposition to the request due to the potential impact of the construction on the surrounding trees. The applicant is requesting to deviate from the City’s maximum impervious area to build a swimming pool and spa on the property. According to Section 1403 of the Zoning Ordinance, variances must be reviewed under the following standards: (1) Whether there are unique and special or extraordinary circumstances applying to the property; (2) Whether any alleged hardship is self-created by any person having an interest in the property; (3) Whether strict application of the relevant provisions of the code would deprive the applicant of reasonable use of the property; and (4) Whether the variance proposed is the minimum variance needed. After a review of the standards above, Community Development believes that the proposed variance will not adversely affect surrounding residents with implementation of the proposed mitigation plan; therefore, staff recommends approval of the requested variances with the following conditions: 1. Approval of the requested variance shall be conditioned upon substantial compliance with the mitigation plan submitted with the variance application. 2. A Stormwater Inspection and Maintenance Agreement shall be completed and recorded with the Cobb County Superior Court prior to issuance of the pool permit. 3. A stormwater as-built certification statement shall be submitted to Community Development for approval prior to issuance of the Certificate of Completion. Joel Powell, applicant, stated that they have agreed to build the water retention on site, and he understands and agrees to the stipulations read into record. A public hearing was called. Donna Moore, 1362 Marston Street, stated her backyard backs up to this property’s backyard. She expressed concerns about flooding, especially because it has occurred before. This pool will be built along the fence line, and her concern is that the construction may damage a tree on her property. Board Member Jones asked what flooding issues she