Impact
WARD / COUNCILMEMBER: Ward 1 / Glenn Pickens
$ IMPACT: N/A
Title
Public Hearing - V21-045 - Allow encroachment into 50-foot undisturbed stream buffer setback for a deck - Land Lot 810 - 2946 Woodruff Drive - Suellen A. Stepp
Body
ISSUE AND BACKGROUND: The applicant is requesting a variance to allow encroachment into the City’s 50-foot undisturbed stream buffer setback to replace the existing detached deck at 2946 Woodruff Drive. The City’s stream buffers are controlled by Chapter 46 of the City’s Code of Ordinances.
RECOMMENDATION / REQUESTED ACTION: The applicant is requesting relief from the City’s 50-foot undisturbed stream buffer setback to replace an existing detached deck in the rear yard. According to Section 1403 of the Zoning Ordinance, 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. Community Development has reviewed the request against the variance review standards and found it to be in compliance with four (4) of the four (4) standards. After a review of the standards above, Community Development believes that the encroachment will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variance with the following conditions:
1. Approval is conditioned upon substantial compliance with the site plan submitted with the variance application.
2. If the City of Smyrna must work within the 30-foot drainage and utility easement, the property owner may be required to move the deck at their own expense.