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License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes

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January 08, 2025 
10:00 AM 
 
City of Smyrna 
License and Variance Board Meeting 
2800 King Street SE 
Council Chambers 
 
Page 5 of 7 
 
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, 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 elevation and site 
plan submitted with the variance application. 
2. A plat shall be submitted to the City for approval and subsequently recorded with 
the Cobb County Superior Court to show the extension of the undisturbed buffer 
and impervious surface setback prior to issuance of the building permit. 
 
Board Member Randall explained that as the Public Works Director, this falls under his 
umbrella overall. He asked of the City Engineer, Mark Wolff, if there are any BMP’s that 
have been considered to mitigate the flow after development to address te steepness of 
the slopes. Mr. Wolff stated that nothing was considered by the applicant to his 
knowledge.   
  
Joshua Gentes, Portico Properties, came forward. He is the site supervisor in charge of 
building the home. He stated they are  planning to sod everything that gets disturbed. 
Anything on the steeper bank would be stapled down. He would be happy to consider and 
accommodate other stipulations. The company specializes in custom home-building on 
difficult lots. He has reached out to neighbors. Board Member Randall asked if they tables 
this item to consider further BMP’s, would that be problematic. He explained that the 
request for this is because the buffers are in place to protect the streams. Mr. Randall 
would be happy with a stipulation that they work with staff to develop an appropriate 
permanent level-spreader. Mr. Gentes stated they would be fine accommodating the 
stipulation and added that a berm would be added and sodded so as not to not send 
water the the neighbor's lots. He also stated he understands the the stipulations read into 
record as well as the third one that will be added.   
  
A public hearing was called. 
  
Craig Mages – 3920 W. Cooper Lake – stated that when he moved into his house in 1994, 
the city said there was no possibility for a home to be built on this property. He now 
wonders why it is possible now. He stated he wants to be on the record that he is opposed 
to this item. 
  
Lisa Liounakos – 3885 W. Cooper Lake – stated she lives across from the property in 
question and has been in community for 28 years. She does not understand how a 
driveway and entrance to the lot can work on the ½ acre and curvature of the property. 
She stated she wants to be on the record that she is opposed to this item, and she worries 
that this opens the door for others to come into the area and build along the stream.  
  
Chairperson Worthy asked Ms. Crowe to clarify – the request is to allow encroachment 
into the city’s undisturbed stream buffer. If they were not asking for this variance, there 
would not have been any necessity to come before this board. Mrs. Crowe affirmed that is 
the case and added that the property was platted in 1979 well before the stream buffer 
ordinance in 2005. The houses to the left, right, and across were all built within the stream