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 3 of 15 a precedence of these types of variances in the immediate area. At the time of this report, Community Development has not received any calls in opposition to the request. The applicant is requesting relief from the R-20 front and side setbacks and from the City’s 75- foot impervious surface setback for an addition. According to Section 1403 of the Zoning Ordinance, zoning 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. Additionally, according to Section 46- 160 of the Stream Buffer Protection Ordinance, stream buffer variances must be reviewed under the following standards: (1) The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property; (2) The locations of all streams on the property, including along property boundaries; (3) The location and extent of the proposed buffer or setback intrusion; (4) Whether alternative designs are possible which require less intrusion or no intrusion; (5) The long-term and construction water quality impacts of the proposed variance; (6) Whether as a result of an exchange of buffer area the net buffer area is not reduced; and (7) Whether issuance of the variance is at least as protective of natural resources and the environment. After a review of the standards above from both ordinances, Community Development and the Engineering Department believe that the encroachments will not adversely affect surrounding residents nor the existing stream; therefore, staff recommends approval of the requested variances with the following conditions: 1. Approval is conditioned upon substantial compliance with the site plan and mitigation plan submitted with the variance application. 2. An as-built survey shall be submitted prior to foundation pour due to the northern side property line. 3. A Stormwater Inspection and Maintenance Agreement shall be completed and recorded with the Cobb County Superior Court prior to issuance of the building permit. 4. A stormwater as-built certification statement shall be submitted to Community Development for approval prior to issuance of the Certificate of Completion. Chairperson Garland asked about the 75-foot stream buffer encroachment. Mrs. Crowe stated that the 75-foot impervious surface setback is impacted because they are enlarging the area where the carport was. Kelly and Scott Robison – applicant, owners – stated they understand and agree to the four 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 V25-109; 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