License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes
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February 12, 2025 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 2 of 5 3 bedrooms and 2 bathrooms, bringing the home closer into compliance with the R-15 floor area requirement of 2,000 square feet. The rear yard and a portion of the existing home itself is greatly encumbered by the State’s 25- foot undisturbed buffer, the City’s 50-foot undisturbed stream buffer, and the City’s 75-foot impervious surface setback, with no section of the rear yard untouched by stream buffers. Since the property was platted in 1954, prior to the Stream Buffer Protection Ordinance in 2005, the hardship is not self-created. No other variances are needed as the property is below their impervious coverage maximum of 35% and will be within the building setbacks. Since the Stormwater Ordinance does not differentiate between replaced and new impervious area, a variance is required for the nonconforming stream buffer encroachment. 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.” Since the addition is completely replacing the rear driveway, the property no longer remains legally nonconforming. However, since the existing single-family home and driveway were already non- conforming, the hardship is not self-created. Since the stream buffer encroachment occurred in at least 1993 per the Project Engineer and no additional impervious surface area will be impacted, the Engineering Department has determined that no remediation is required in order to support the variance. Due to the existing stream buffers encumbering the entirety of the rear yard and a portion of the existing home, Community Development believes this is the minimum variance needed to allow for any addition and that there should be no negative impacts to adjacent properties if approved. A similar variance request was approved next door in 2019 at 2730 Fraser Street (V19-011). Thus, there is a precedent for variances of this type in the 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 City’s 75-foot impervious surface setback to construct an addition in the rear yard. According to Section 46-160 of the Stream Buffer Protection Ordinance, 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, Community Development and the Engineering Department believe that the encroachment will not adversely affect surrounding residents nor the existing stream; therefore, staff recommend approval of the requested variance with the following condition: 1. Approval of the requested variance shall be conditioned upon substantial compliance with the site plan and elevations submitted with the variance application. gave the background for this item.