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 13 of 15 To offset the increase in impervious surface area and the stream buffer encroachments, the applicant is proposing a water quality device to the west of the sunken patio. The new impervious surface will drain to the Barracuda Max water quality unit which then outlets through a rip rap apron to overland flow, which will provide further water quality and runoff reduction treatment. This proprietary device is designed to remove, at a minimum, 80% of the total suspended solids, as required for effective water quality treatment. 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. Due to the existing stream buffers, Community Development believes these are the minimum variances needed to allow for any type of outdoor amenity. As part of the pool construction, the applicant will be installing a 6-foot vinyl privacy fence around the swimming pool area, which will shield the pool and shade structure from view. Due to the location of the pool 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), so there is precedence in the immediate area. Strict application of the ordinance would deny the applicant any ability to have any detached structure on the property due to the existing shed. At the time of this report, Community Development has not received any opposition to the variance requests. The applicant is requesting relief from the R-15 maximum impervious surface area requirement, maximum accessory structures, and from the City’s 50-foot undisturbed stream buffer and 75- foot impervious surface setback to install an inground 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. 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.