Smyrna board approves variances to repair failing rear retaining walls, allow patio at Healy Drive home

The Smyrna License and Variance Board approved two variances for 5080 Healy Drive to permit limited encroachment into the city’s 50‑foot undisturbed stream buffer and into the 75‑foot impervious surface setback so the homeowner can replace failing retaining walls, expand a rear deck slightly, and install a pervious paver patio, staff said at the board’s July meeting.

Caitlin Crow, land services development coordinator for Community Development, said the property in the Woodland Gate subdivision was platted in 2001, before the city’s stream buffer ordinance took effect in 2005. Because the house footprint predates the ordinance, the parcel is heavily encumbered by state and city buffers — including a 25‑foot state buffer and the city’s 50‑ and 75‑foot setbacks — and the hardship was not self‑created, Crow said.

The applicant proposes to replace failing wooden retaining walls with modular block walls, move the walls slightly to increase buffer distance from the 25‑foot state buffer, expand the rear deck modestly, and install a pervious paver patio to limit additional impervious surface. Crow said the Engineering Department reviewed the plans and supported the proposed mitigation, which includes the pervious paver system and temporary erosion controls such as double‑row silt fence and hay bales during construction. Community Development recommended approval with two stipulations: substantial compliance with the submitted site plan and elevations, and that a stormwater inspection and maintenance agreement be completed and recorded with the Cobb County Superior Court prior to issuance of a building permit. Crow noted the agreement had been completed as of the day before the meeting.

Gary Kraczewski, the homeowner at 5080 Healy Drive, confirmed he agreed to the stipulations. Clara Hodges from the Engineering Department was present and staff said engineering had reviewed and supported the mitigation approach. No members of the public spoke for or against the requests. The board voted unanimously to approve variance V25‑065 (50‑foot undisturbed stream buffer encroachment) and variance V25‑066 (75‑foot impervious surface setback encroachment).

Approvals are conditioned on adhering to the submitted plans and the recorded stormwater inspection and maintenance agreement; temporary erosion‑control measures must be used during construction to protect the downstream detention facility and adjacent stream corridor.