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 9 of 15 J. V25-125 Public Hearing - Variance Request - V25-125 - Reduce the accessory structure rear setback for a shed - Land Lot 688 - 2000 Oakdale Court - Ensen Ambriz The variance is being withdrawn at the request of staff. Ward 7 Councilmember - Rickey N. Oglesby Jr. Board Member Andrea Worthy made a motion to withdraw item V25-125 at the request of staff; 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 K. V26-001 Public Hearing - Variance Request - V26-001 - Allow encroachment into the City's 50- foot undisturbed stream buffer - Land Lot 458 - 1169 Queensgate Drive - Jason Abdo Ward 4 Councilmember - Charles 'Corkey' Welch Caitlin Crowe, Land Development Services Coordinator, provided the following background: The applicant is requesting relief from the King Valley at Vinings side setbacks and from the City’s 50- foot undisturbed stream buffer and 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. A Stormwater Inspection and Maintenance Agreement shall be completed and recorded with the Cobb County Superior Court prior to issuance of the building permit. 3. 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 if the mitigation plans were submitted. Mrs. Crowe stated they were submitted and approved.