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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 9 of 15 
 
Nay: 0 –  None 
Recuse: 0 –  None 
 
 G. V26-031 Public Hearing - Variance Request - V26-031 - Increase the maximum impervious 
surface area from 45% to 47.8% - Land Lot 527 - 1062 Bank Street - Jacob King 
Ward 3 Councilmember - Travis Lindley 
 
Caitlin Crowe, Land Development Services Coordinator, provided the following 
background on V26-031, V26-032, and V26-033: 
  
The applicant is requesting three variances for the construction of a new in-ground 
swimming pool at 1062 Bank Street: increase the maximum impervious surface area, 
allow encroachment into the City’s 75-foot impervious setback, and allow encroachment 
into the City’s 50-foot stream buffer. The City’s stream buffers are controlled by Chapter 
46, Article VI whereas the maximum impervious surface area in the RDA zoning district is 
controlled by Section 801. 
  
The property was rezoned in 2015 (Z15-010) with the adjacent property, 1068 Bank Street 
and received several variances at that time: a reduction in the minimum lot size from 
15,000 square feet to 11,000 square feet, a reduction in the minimum lot width at the 
setback line from 100 feet to 50 feet, a reduction in the minimum front setback from 35 
feet to 30 feet, and a reduction in the minimum side setback from 10 feet to 5 feet. The 
property received a zoning amendment in 2016 (Z16-006) to update the proposed site 
plan and elevations. 
  
The subject parcel is a 0.26-acre lot located on the south side of Bank Street. The subject 
parcel and all adjoining parcels are zoned RDA, with the exception of the parcel to the 
west, which is zoned R-15; all are occupied by single-family detached residences. A 
stream runs through the far rear of the property. 
  
The subject property is currently occupied by a 4,408 square foot two-story single-family 
home built in 2017. The applicant is proposing to build a 651 square foot in-ground 
swimming pool with 509 square feet of decking in the rear yard. 
  
Due to the stream at the rear, a large portion of the rear yard is encumbered by the 
State’s 25- foot undisturbed stream buffer, City’s 50-foot undisturbed stream buffer and 
the City’s 75-foot impervious surface setback. The applicant has designed the pool to stay 
out of the State’s 25- foot stream buffer but encroaches into the City’s 50-foot undisturbed 
buffer by 59 square feet and encroaches into the 75-foot impervious surface area setback 
by 860 square feet. Additionally, after the construction of the swimming pool and decking, 
the impervious surface area will be above the allowable 45% by 2.8% (or 317 square 
feet). 
  
To offset the increase in impervious surface area and the stream buffer encroachment, 
the applicant is proposing an infiltration trench, to be installed behind the proposed 
swimming pool fully within the 50-foot undisturbed buffer. 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. As a note, when the home was erected in 2017, two water quality 
pits were constructed to provide water quality: one in the front of the property and one in 
the rear, directly behind the home. In order to accommodate the new swimming pool, the 
existing water quality pit in the rear is being removed while the one in the front will remain.