License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes
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October 22, 2025 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 3 of 6 1. Approval of the requested variance shall be conditioned upon substantial compliance with the site plan and elevations submitted with the variance application. Harold Shoemaker, applicant, agrees to and understands the stipulation read into record. A public hearing was called, and no one came forward in favor of or in opposition to this item. Board Member Mary Moore made a motion to approve item V25-092; seconded by Board Member Eric Mohrmann. The motion to approve carried with the following vote: Aye: 3 – Chairperson Randall, Board Member Moore, Board Member Mohrmann Nay: 0 – None Recuse: 0 – None C. V25-093 Public Hearing - Variance Request - V25-093 - Increase the maximum impervious surface area from 35% to 39.3% - Land Lot 406 - 1130 Queensgate Drive - Matt Orlando Ward 4 Councilmember - Charles 'Corkey' Welch Caitlin Crowe, Land Development Services Coordinator, provided the following background: The subject parcel is a 0.23-acre lot located on the south side of Queensgate Drive in the King Valley at Vinings subdivision. A 15-foot drainage easement bisects the rear yard, directly behind the existing deck. The subject parcel and all adjoining parcels are zoned R-15 and are all occupied by single-family detached homes. The applicant is proposing to remove and replace the existing 308 square foot deck with a 309 square foot screened-in porch, 33 square foot grilling area, and accompanying stairs. The existing property is currently over the maximum impervious surface area of 35% by 3.7% due to a large concrete patio in the rear yard that was installed sometime between 2009 and 2016 per Cobb County Aerials without the proper variance. The additional 58.5 square feet of impervious surface area will now increase the impervious surface area to 39.3%. Since the Stormwater Ordinance does not differentiate between replaced and new impervious area, a variance is required to replace and expand the existing nonconforming impervious area. Additionally, per Section 1102, “no nonconforming building, structure or use shall be extended, nor shall its total value be enhanced, unless such extensions or alterations conform with the provisions of this ordinance.” With the addition of the screened-in porch, the property no longer becomes legally nonconforming. However, since the existing single-family home was already non-conforming, the hardship is not self-created. After the deck addition, the impervious surface area will be above the allowable 35% by 4.3% (or 435.9 square feet). To offset the additional increase in impervious surface area, the applicant is adding a rain garden in the front yard. The Engineering Department has reviewed the application and is supportive of the proposed mitigation method with the