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 4 of 6 stipulation that a Stormwater Inspection & Maintenance Agreement be recorded prior to building permit issuance. Community Development believes the variance is the minimum variance needed to re- erect the deck and add a screened-in porch on the property. 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 allowable maximum impervious coverage. At the time of this report, Community Development has not received any calls in opposition to the request. The applicant is requesting to deviate from the development standards established by the City for the R15 zoning district, which requires a maximum impervious area of 35%. 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. After a review of the standards above, Community Development believes that the impervious surface increase will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variance with the following stipulations: 1. Approval of the requested variance 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 Randall asked what the nature of the 15’ drainage easement. Clara Hodges, Plan Reviewer, stated it is a pipe that is sized slightly larger than what is required to account for any surface flow. Joseph Minihane, homeowner, stated he 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 Mary Moore made a motion to approve item V25-093; 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 D. V25-094 Public Hearing - Variance Request - V25-094 - Reduce the side setback from 10 feet to 7.8 feet - Land Lot 701 - 3195 Howell Drive - Michael Plachta Ward 1 Councilmember - Glenn Pickens