License and Variance Meeting - Council Chambers — Minutes
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April 08, 2026 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 3 of 15 cannot be relocated anywhere else on the site; therefore, the hardship is not self-created. Additionally, the required 10-foot landscape buffer, as required by Section 503, will be maintained along the side property lines adjacent to residential properties to provide screening between uses. Dumpster enclosures are considered accessory structures and, per Section 501, must meet the required side setback. However, due to the lot’s configuration and the need to accommodate both fire truck and garbage truck access, the most logical location for the dumpster enclosure is within the side setback. Because the dumpster will be located along the edge of the fire truck turnaround area, garbage trucks will be able to access the enclosure without needing to back onto Oakdale Road. The subject property is unique in that it is located between two residential properties on an otherwise commercial corridor. Strict application of the ordinance would deprive the applicant of reasonable use of the property, as no buildable area would remain with the setbacks applied. Community Development believes the variances requested are the minimum variances needed to allow for any type of structure to be erected on the property. At the time of this report, Community Development has received several emails and calls in opposition to these requests from the residential properties on both the north and south side of the subject property. The applicant is requesting to deviate from the City’s required OD building setbacks. 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. Community Development has reviewed the request against the variance review standards and found it to be in compliance with the four (4) standards. Therefore, Community Development recommends approval of the requested variances with the following condition: 1. Approval of the requested variances shall be conditioned upon substantial compliance with the site plan and elevations submitted with the variance application.* Chairperson Jones stated that after reading the emails/letters submitted by concerned residents, they reference concerns about stormwater. It was noted in the letters that stormwater from Oakdale Road uses this property as a funnel to take stormwater away from the street. Has Engineering reviewed the plan? Mark Wolff, City Engineer, stated that there is a conceptual stormwater plan to address stormwater from Oakdale Road to the site itself. If this is approved and once the Land Disturbance Permit is issued, Engineering will review the full application. It appears the stormwater plan as currently conceptualized will work successfully. Chairperson Jones asked if the sanitary sewer easement on the backside of the property is Cobb County’s easement. Mr. Wolff confirmed it is Cobb County’s sanitary sewer easement and that this property would be tying into that line if approved. Michael Landers – Owner of Productive Land Development, General Contractor and broker representing Bavan Properties – stated that the concerns expressed from residents like sound/noise, lighting pollution, and reduction in buffer have merit. Based on concerns, they have adjusted some of the details of the facades on the buildings to include more upscale/natural colors and materials like stone or rock. They will include light shields to