License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes
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April 09, 2025 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 6 of 8 has noticed in the past and asked if she contacted Public Works. Ms. Moore stated that runoff goes directly into her front yard and called city. She was told that this should not be happening and explained that the lip of her driveway was not sufficient. This issue did not include the rear yard, but she had to pay for all the costs she incurred. She asked if flooding occurs, will she be responsible for the costs that might be incurred. Board Member Jones explained that the mitigation plan should prevent this from happening. Chairperson Garland stated that the board cannot speak to hypothetical situations. Board Member Bo Jones made a motion to approve item V25-038; 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. V25-039 Public Hearing - Variance Request - V25-039 - Increase the maximum impervious surface area from 35% to 37.7% - Land Lot 561 - 2568 Highland Avenue - Kimm Martin Ward 3 Councilmember - Travis Lindley Joey Staubes, Planner II, provided the following background: The subject parcel is a 0.22-acre lot located on the west side of Highland Avenue. The subject parcel and all adjoining parcels are zoned R-15 and are all occupied by single- family detached homes. The applicant expanded her home in 2003 with a large addition in the rear and a front porch, which necessitated a variance for a front setback reduction (V03-032). Unfortunately, it was not caught at the time that the addition and accompanying driveway also put the property over the allowable impervious coverage by 6.2% (or 643 square feet). The applicant is now looking to expand the shed in the rear from an 89 square foot shed to 240 square feet. Since the Stormwater Ordinance does not differentiate between replaced and new impervious area, a variance is required for the existing nonconforming impervious area. Additionally, per Section 1102, “no nonconforming building, structure or use shall be extended, nor shall its total value be enhanced, unless such extensions or alterations conform with the provisions of this ordinance.” With the expansion of the shed footprint, the property is no longer considered legally nonconforming. In order to accommodate the further increase in impervious surface area, the applicant will be removing 645 square feet of driveway and replacing it with 129 square feet of tire paths. By removing this section of driveway, the applicant is reducing the overall impervious surface area on the property to just 2.7% above the allowable maximum (or 280 square feet). Since the increase in impervious surface area occurred in 2003 and there is a net decrease of stormwater runoff with the proposed application, the Engineering Department has determined that no further remediation is required in order to support the variance.