License and Variance Meeting - Council Chambers — Minutes
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April 08, 2026 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 10 of 15 Due to the existing stream buffers, Community Development believes these are the minimum variances needed to allow for any type of outdoor amenity. Due to the location in the rear yard, Community Development believes the proposal will not adversely impact adjacent properties. Similar variances have been approved throughout the city when an appropriate mitigation method has been included; most notably, down the street at 978 Bank Street (V24-094 & 095) and across the street at 1071 Bank Street (V25-033 & 034), so there is precedence in the immediate area. At the time of this report, Community Development has not received any calls in opposition to the request. The applicant is requesting relief from the RDA maximum impervious surface area requirement and from the City’s 50-foot undisturbed stream buffer and 75-foot impervious surface setback to install an in-ground swimming pool in the rear yard. According to Section 1403 of the Zoning Ordinance, zoning 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. Additionally, 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 from both ordinances, Community Development and Engineering believe that the encroachment will not adversely affect surrounding residents nor the existing stream; therefore, staff recommends approval of the requested variances with the following conditions: 1. Approval is conditioned upon substantial compliance with the site plan submitted with the variance application. 2. The applicant shall install double row silt fence between any proposed work and the 25-foot State undisturbed stream buffer. 3. Prior to any land disturbance, the 25-foot Undisturbed State Buffer shall be staked and an Environmental Inspector with the City shall inspect and approve erosion control BMP placement and installation. If there is any encroachment greater than what is shown on the site plan, approval shall be required from the EPD prior to issuance of the Certificate of Completion. 4. A Stormwater Inspection and Maintenance Agreement shall be completed and recorded with the Cobb County Superior Court prior to issuance of the pool permit. 5. A stormwater as-built certification statement shall be submitted to Community Development for approval prior to issuance of the Certificate of Completion. 6. A revised plat showing the removal of the existing water quality pit and the addition of the infiltration trench must be submitted for approval and recording prior to issuance of the Certificate of Completion. Once approved by the City, the plat must be recorded with the Cobb County Superior Court. Chairperson Jones asked how far into the 75-foot buffer this is encroaching. Ms. Crowe stated that it encroaches into the 75-foot buffer by 860 sq. ft. It will encroach into the 50- foot buffer by just 59 Sq. ft. The land in the 75-foot buffer can be used, but no structures can be placed.