License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes
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January 08, 2025 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 5 of 7 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 encroachments 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 elevation and site plan submitted with the variance application. 2. A plat shall be submitted to the City for approval and subsequently recorded with the Cobb County Superior Court to show the extension of the undisturbed buffer and impervious surface setback prior to issuance of the building permit. Board Member Randall explained that as the Public Works Director, this falls under his umbrella overall. He asked of the City Engineer, Mark Wolff, if there are any BMP’s that have been considered to mitigate the flow after development to address te steepness of the slopes. Mr. Wolff stated that nothing was considered by the applicant to his knowledge. Joshua Gentes, Portico Properties, came forward. He is the site supervisor in charge of building the home. He stated they are planning to sod everything that gets disturbed. Anything on the steeper bank would be stapled down. He would be happy to consider and accommodate other stipulations. The company specializes in custom home-building on difficult lots. He has reached out to neighbors. Board Member Randall asked if they tables this item to consider further BMP’s, would that be problematic. He explained that the request for this is because the buffers are in place to protect the streams. Mr. Randall would be happy with a stipulation that they work with staff to develop an appropriate permanent level-spreader. Mr. Gentes stated they would be fine accommodating the stipulation and added that a berm would be added and sodded so as not to not send water the the neighbor's lots. He also stated he understands the the stipulations read into record as well as the third one that will be added. A public hearing was called. Craig Mages – 3920 W. Cooper Lake – stated that when he moved into his house in 1994, the city said there was no possibility for a home to be built on this property. He now wonders why it is possible now. He stated he wants to be on the record that he is opposed to this item. Lisa Liounakos – 3885 W. Cooper Lake – stated she lives across from the property in question and has been in community for 28 years. She does not understand how a driveway and entrance to the lot can work on the ½ acre and curvature of the property. She stated she wants to be on the record that she is opposed to this item, and she worries that this opens the door for others to come into the area and build along the stream. Chairperson Worthy asked Ms. Crowe to clarify – the request is to allow encroachment into the city’s undisturbed stream buffer. If they were not asking for this variance, there would not have been any necessity to come before this board. Mrs. Crowe affirmed that is the case and added that the property was platted in 1979 well before the stream buffer ordinance in 2005. The houses to the left, right, and across were all built within the stream