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License and Variance Board - A. Max Bacon City Hall - Council Chambers — Minutes

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January 14, 2026 
10:00 AM 
 
City of Smyrna 
License and Variance Board Meeting 
2800 King Street SE 
Council Chambers 
 
Page 11 of 15 
 
The applicant understands and agrees to the three stipulations read into record.  
  
A public hearing was called, and no one came forward in favor of or in opposition to this 
item.   
 
Board Member Andrea Worthy made a motion to approve V26-003; seconded by Board 
Member Eric Mohrmann. 
 
The motion to approve carried with the following vote: 
 
Aye: 3 –  Chairperson Garland, Board Member Worthy, Board Member 
Mohrmann 
Nay: 0 –  None 
Recuse: 0 –  None 
 
 N. V26-004 Public Hearing - Variance Request - V26-004 - Increase the maximum allowable 
impervious surface area from 35% to 45.81% - Land Lot 556 - 3371 Pretty Branch Drive - 
Kevin Ramirez 
Ward 6 Mayor Pro Tem / Councilmember - Tim Gould 
 
Caitlin Crowe, Land Development Services Coordinator, provided the following 
background: 
  
The subject parcel is a 0.49-acre lot on the east side of Pretty Branch Drive. The subject 
parcel and all adjacent parcels are zoned R-20 and are all occupied by single-family 
detached residences. 
  
The property is currently occupied by a two-story single-family home, built in 2009, and an 
in-ground swimming pool, built in 2015. The swimming pool was permitted in 2015 by the 
previous homeowner, with a 34.6% impervious surface area on the property. In October 
2025, the new homeowner (who purchased the home in 2020) submitted a permit 
application (RBP-25-525) to extend the patio roof at the rear of the home. During plan 
review, it was discovered that the pool contractor went outside the limits of the approved 
permit in 2015 and substantially expanded the pool decking without the proper variance 
for increased impervious surface area. As it exists today, the property has a 45.37% 
impervious surface area, which is 10.37% (or 2,124 square feet) above the allowable 
maximum. Once the applicant was alerted to the code violation, the variance application 
was submitted. 
  
The applicant is requesting to increase the impervious surface area above the maximum 
35% in order to extend the roof over the rear patio. The majority of the roof will be over the 
existing stone patio, but there will be an additional 90 square feet of impervious area to 
bring the roof in line with the side of the existing home. Thus the variance request is to 
increase the impervious surface area from 35% to 45.81%. Since the increase in 
impervious surface area occurred in 2015 with no negative impacts and there is less than 
100 square feet of addition of land disturbing activity, the Engineering Department has 
determined that no remediation is required in order to support the variance. 
  
Community Development believes the variance is the minimum variance needed to 
expand the existing roof on the property and bring the property into compliance. Strict 
application of the ordinance would deny the applicant any ability to modify any portion of 
the property since the existing impervious area is already over the maximum allowable