Smyrna board approves change of agent, clears multiple variances tied to setbacks and stream buffers

Smyrna — The License and Variance Board on Jan. 14 approved a change of agent for Sitco Quick Food Mart and granted multiple zoning variances for residential properties across the city, actions the board said were supported by staff recommendations and engineering review.

The meeting, called to order by Chair Richard Garland, opened with License Item LIC 2025055, a request to designate Shilpa Kerig Patel as the agent for packaged beer-and-wine sales at 540 Concord Road (OHM Enterprises Inc., d/b/a Sitco Quick Food Mart). City staff confirmed the applicant has attended responsible-sales training and uses point-of-sale prompts to check identification. A board member moved to approve the change of agent and the motion passed unanimously. "City of Smyrna takes this very seriously," Garland said, noting the police force conducts sting operations to verify age-restriction compliance.

Much of the meeting then focused on land-use variances. Community Development Land Development Services Coordinator Caitlin Crowe presented staff summaries and recommendations for a series of variance requests, emphasizing that many properties were platted or built before the city adopted stream-buffer rules in 2005 and that engineering had reviewed mitigation plans. "The hardship is not self created," Crowe said of several properties sited within older plats; in multiple cases staff recommended approval with standard stipulations such as substantial compliance with the submitted site and mitigation plans, a recorded stormwater inspection and maintenance agreement with the Cobb County Superior Court, and submission of stormwater as-built certification prior to certificate of completion.

Examples of actions taken:

- 3344 Dunn Street (Kelly Robinson): The board approved three variances to allow encroachment into the city's 75-foot impervious-surface setback (V25-109), to reduce the front setback to 30.1 feet (V25-110), and to reduce the northern side setback to 5 feet (V25-111). Crowe said engineering supports installation of four flow wells to mitigate about 600 square feet of added encroachment; the approvals carried with required stipulations including an as-built survey before foundation pour and the recorded stormwater agreement.

- 2000 Oakdale Court (Ensign Ambrose): The board approved four variances for accessory-structure size above 25% of the primary dwelling (V25-120), a second accessory structure (V25-121), a reduced driveway setback to 3.7 feet (V25-122), and a reduced west side setback to 3.7 feet (V25-123). Two additional requests tied to an existing shed were withdrawn after staff and the applicant agreed to relocate the shed such that the variances were no longer necessary. Crowe said the site’s existing privacy fence and lot constraints (septic, corner lot) informed staff support; stipulations included moving the shed before final certificate, prohibiting windows on the west wall of the detached garage, and metal construction (or fire-rated wood) where required.

- 1169 Queensgate Drive (Jason Abdu): The board approved three variances to encroach into the city's 50-foot undisturbed stream buffer (V26-001), the 75-foot impervious-surface setback (V26-002), and to reduce an eastern side setback to 4.5 feet (V26-003). Crowe said the applicant will mitigate roughly 180 square feet via an underground gravel pit beneath an expanded screened porch; Clara Hodges of the engineering department said the mitigation method "is a standard method of treatment and it has been sized correctly." Approvals were conditioned on the site and mitigation plans plus recorded stormwater documentation.

- 3371 Pretty Branch Drive (Kevin Ramirez): Staff recommended, and the board approved, V26-004 to increase the allowable impervious surface from 35% to 45.81%. Crowe said the property contains a previously permitted pool and an unpermitted large deck installed in 2015; the current owner is adding roughly 16 square feet of impervious surface for a roof over an existing patio. Hodges said mitigation was waived because the net new impervious area was small and much of the roof covers existing impervious surface.

- 637 Concord Lake Circle (Christopher Hembry): The board approved two variances to reduce a rear setback to 3.4 feet (V26-005) and to increase maximum impervious surface to 56.9% (V26-006) for a screened-in porch built over an existing patio. Crowe said required conditions include gutters/downspouts to divert stormwater away from adjacent properties and fire-rating or retardant treatment where walls encroach within five feet of the rear property line.

Votes at a glance (selected items):
V25-055 (Sitco Quick Food Mart, change of agent) — approved (motion carried unanimously).
V25-109, V25-110, V25-111 (3344 Dunn St., Kelly Robinson) — all approved with stipulations.
V25-120, V25-121, V25-122, V25-123 (2000 Oakdale Ct., Ensign Ambrose) — approved; two related shed variances withdrawn on staff request after relocation agreement.
V26-001, V26-002, V26-003 (1169 Queensgate Dr., Jason Abdu) — approved with mitigation and recorded stormwater requirements.
V26-004 (3371 Pretty Branch Dr., Kevin Ramirez) — approved; mitigation waived for small net increase.
V26-005, V26-006 (637 Concord Lake Cir., Christopher Hembry) — approved with runoff- and fire-safety stipulations.

What happens next: Each approval is conditioned on the stipulations explained in staff presentations (site-plan compliance, surveys/as-built certifications, and recorded stormwater maintenance agreements where required). Several applicants acknowledged understanding the conditions at the microphone; the board approved the Dec. 10, 2025 meeting minutes and adjourned.

Reporting notes: The board recorded no written public opposition during the hearings noted above. Where engineering required mitigation or recorded agreements, staff said those documents have either been submitted and approved or must be recorded prior to issuance of permits.