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Board approves variance to enclose existing deck at 3262 Millwood Trail

2306385 · February 13, 2025
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Summary

The Smyrna License and Variance Board unanimously approved variance V25-014 allowing enclosure of an existing deck and a small new porch at 3262 Millwood Trail; staff said the deck predated the city's stream-buffer ordinance and the disturbance is minor, so no mitigation plan was required.

The Smyrna License and Variance Board on Feb. (date not specified) unanimously approved variance V25-014 to allow encroachment into the city's 50-foot undisturbed stream buffer at 3262 Millwood Trail so the homeowner may enclose an existing deck and add a small open porch.

Caitlin Crow, Planner I with Community Development, said the deck was built in 1998 and therefore predates the city's stream-buffer ordinance enacted in 02/2005. "Because this was there previously, and that new deck is under a hundred square feet, it is considered minor land disturbance, and thus, no mitigation plan is required for this one either per the engineering department," Crow said.

Homeowner Amy Cunningham spoke for the applicant and said safety and comfort motivated the change. "We have two young boys. The deck's old, so, you know, it's getting to the point where it's getting a little bit dangerous and we need to update it and also wanna put a screen in," Cunningham said.

Board members voted unanimously to approve the variance. Approval was conditioned on substantial compliance with the submitted site plan and elevations. The applicant agreed on the record to build according to the plans submitted.

The transcript shows the board recorded no opposition to the request at the time of the staff report. The board included the standard condition that the work be built in accordance with the submitted plans; no mitigation or additional monitoring requirements were recorded in the meeting excerpt because staff said the disturbance is minor.