Smyrna council approves 1-foot setback variance for ice vending machine after neighbor objections

The Mayor and Council of the City of Smyrna voted 6-1 to approve a variance reducing the required side setback from 10 feet to 1 foot at 2596 South Cobb Drive so Silver Lodestone Inc. can install a freestanding ice vending machine on the property.

The variance, requested by Silver Lodestone Inc., would authorize an 11-by-14-foot accessory structure outside the 50-foot front setback but inside the side setback to preserve a 20-foot separation between the vending machine and the existing restaurant building. The council’s approval was conditioned on “substantial compliance” with the site plan submitted and that the machine not impede fire-department access to the building or adjacent parcels.

The matter drew a public hearing and comments from a nearby property owner who said the area is congested. Terry Stuckey, owner of the property at 2600 South High Drive, told the council he was “not real crazy about the 1 foot off the property line” and cited truck traffic and congestion behind the restaurant.

Rusty Martin, Community Development Director, told the council the request (variance case V-25-17) was originally set for the licensing and variance board and was deferred to the Mayor and Council. Martin said the proposed machine location was chosen to preserve required separation from the building and that the fire marshal had reviewed the proposal and raised no issue with the requested setback. Community development recommended approval with the two conditions listed above.

Doug Stoner, the applicant and identified as a former council member, explained his company’s experience operating similar machines across Cobb County and described maintenance practices: “we have our own in house folks who maintain these units,” and that the machines receive preventive maintenance twice a year by the manufacturer. He added the machines are monitored with high-definition cameras, the company will provide regular trash service at the site, and the unit is available 24 hours a day.

Councilwoman Wilkinson said she had inspected the site and moved to deny the variance, citing congestion where semi trucks and employees use a drive adjacent to the proposed machine and concern that customers might stop in unsafe locations. Her motion to deny was seconded; that denial motion failed (1 yes, 6 no). A motion to approve the variance then passed 6-1. The council asked staff and the applicant to coordinate with the rear property owner to try to address his concerns.

City staff noted the vending machine must comply with the city sign ordinance and any signage on the unit will be required to meet city rules. The council recorded the matter as in Ward 5; staff noted the parcel is approximately one-half acre and the vending structure would be freestanding on the south end of the site.

The variance approval allows the applicant to proceed subject to the two conditions; staff will verify in the field that the installed unit matches the approved site plan and does not impair fire access or the cross-parcel access recorded on adjacent properties.

Votes at the meeting show the denial motion was defeated 6–1 and the motion to approve the variance passed 6–1. The council did not record a roll-call attribution of each member’s vote in the transcript excerpt provided.

The council moved on to the next agenda item after asking staff and the applicant to seek ways to reduce impacts to the neighboring property owner.