License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes
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December 10, 2025 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 13 of 20 With the expanded driveway and shed, the impervious surface area is above the allowable 35% by 24.4% (or 2,683 square feet). The partial removal of the driveway (681 square feet) will bring the impervious surface area down to 53.2%. After a review of the application, staff is also requiring an additional 561.8 square feet of concrete removal on the north and east sides of the home (as shown in Figure 3). After the removal of the 561.8 square feet of sidewalk, the impervious surface area will be 48.1% for the lot square footage of 10,991 square feet. However, if the property were the required size of 15,000 square feet, this would bring the impervious surface area down to the required maximum of 35% and thus staff can support the reduction. To offset the increase in impervious surface area, the applicant is adding an infiltration basin in the northeastern corner of the rear yard. The Engineering Department has reviewed the application and is supportive of the proposed mitigation method with the stipulation that a Stormwater Inspection & Maintenance Agreement be recorded prior to building permit issuance. A similar side setback variance was approved in 1976 for an accessory structure at 2710 Ivanhoe Lane as well as an impervious surface increase earlier this year at 2790 Ivanhoe Lane (V25-009) so there is a precedence of these types of variances in the area. The applicant is requesting to deviate from the development standards established by the City for R-15 lots. 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. After a review of the standards above, Community Development believes that the variances will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variances with the following conditions: 1. Approval of the requested variances is conditioned upon substantial compliance with the site plan and elevations submitted with the variance application. 2. A permit for the accessory structure and carport must be acquired within 30 days of variance approval. 3. The driveway sections called out to be removed on the site plan must be removed prior to the issuance of the Certificate of Completion. Additionally, the concrete sidewalk along the left side and rear of the house (with the exception of a 3-foot x 3-foot landing at the bottom of the stairs) shall be removed prior to issuance of the Certificate of Completion. 4. A Stormwater Inspection and Maintenance Agreement shall be completed and recorded with the Cobb County Superior Court prior to issuance of the building permit. 5. A stormwater as-built certification statement shall be submitted to Community Development for approval prior to issuance of the Certificate of Completion. 6. The accessory structure shall not be rented or occupied for gain, except as permitted in Article IX of Chapter 22 as it pertains to the operation of short-term rental units. Chairperson Garland asked about V25-116 and V25-118. Mrs. Crowe explained that the additional concrete that staff is requiring does not affect the variances and minimum requirements. Board Member Worthy asked if the six stipulations go with all variance requests. Mrs. Crowe stated that if the applicant is not removing the northern concrete, the board can strike or add to stipulations.