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License and Variance Board Meeting - Council Chambers — Minutes

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June 24, 2026 
10:00 AM 
 
City of Smyrna 
License and Variance Board Meeting 
2800 King Street SE 
Council Chambers 
 
Page 8 of 18 
 
1. Approval of the requested variance is conditioned upon substantial compliance 
with the site plan submitted with the variance application. 
 
Chairperson Garland asked when a request comes to Community Development, and it is 
determined the property is out of compliance in some way, do these variances address 
the non-conformities. Ms. Crowe stated that the variances only address the portions of the 
property where the variances are requested.  
  
Matthew Gross, homeowner, stated that he understands and agrees to the stipulation 
read into record. 
  
A public hearing was called, and no one came forward in favor or in opposition to this 
item. The public hearing was closed.   
 
Board Member Andrea Worthy made a motion to approve item V26-060; seconded by 
Board Member Dustin Davey. 
 
The motion to approve carried with the following vote: 
 
Aye: 3 –  Chairperson Garland, Board Member Worthy, Board Member Davey 
Nay: 0 –  None 
Recuse: 0 –  None 
 
 L. V26-061 Public Hearing - Variance Request - V26-061 - Allow encroachment into the City's 75-
foot impervious surface setback & City's 50-foot undisturbed stream buffer - Land Lot 335 - 
1562 Sophia Lane - Brandy Weldy 
Ward 4 Councilmember - Charles 'Corkey' Welch 
 
Caitlin Crowe, Land Development Services Coordinator, provided the following 
background on V26-061 and V26-062: 
  
The applicant is requesting two variances for the construction of a new in-ground 
swimming pool at 1562 Sophia Lane: allow encroachment into the City’s 75-foot 
impervious surface setback and increase the maximum impervious surface area. The 
City’s stream buffers are controlled by Chapter 46, Article VI while the maximum 
impervious surface area in the RDA zoning district is controlled by Section 801. 
  
The subject parcel is a 0.23-acre lot located on the north side of Sophia Lane in the North 
Cooper Lake Place subdivision. A stream runs just north of the rear of the property and 
continues through the adjacent properties to the west. The subject parcel and all adjoining 
parcels are zoned RDA. All properties are occupied by single-family detached residences, 
with the exception of the parcel to the northwest, which is occupied by the Cooper Lake 
Place subdivision detention facility. 
  
There is currently a stream that runs through the northern end of the North Cooper Lake 
Place subdivision, impacting the northern four lots (1554, 1558, 1562, and 1566 Sophia 
Lane). In order to construct the home on 1562 Sophia Lane, the encroachment of 
approximately 2,631 square feet into the 75-foot impervious surface area setback was 
mitigated through buffer averaging on 1562 and 1566 Sophia Lane at a 1:1 ratio. 
  
Due to the stream at the rear, a large portion of the rear yard is encumbered by the 
State’s 25- foot undisturbed stream buffer, City’s 50-foot undisturbed stream buffer and 
the City’s 75-foot impervious surface setback. The applicant is proposing to build a 638