Smyrna board approves two Publix agent changes, grants several variances and tables or withdraws others

Smyrna — The Smyrna License and Variance Board on Feb. 26 approved change-of-agent requests for two Publix Super Markets stores and granted several zoning variances for single-family properties, while tabling or withdrawing other agenda items.

The board approved privileged-license change-of-agent requests that name John Watterson as agent for Publix Super Markets Inc. at 2955 Atlanta Road Southeast and at 4480 South Cobb Drive Southeast, authorizing those locations for packaged beer and wine sales and Sunday alcohol sales. John Watterson told the board he is a longtime Publix employee: "I'm on my 25th year with Publix. I serve as a district manager, overseeing 10 stores in the Greater Cobb area," and described company training and register safeguards to prevent sales during prohibited hours.

The board also considered — and acted on — several zoning variance requests affecting residential lots across the city. Community Development Planner Caitlin Crowe presented staff recommendations and conditions, which generally required "substantial compliance with the site plan and elevation submitted with the variance application" and, in at least one case, a recorded stormwater inspection and maintenance agreement recorded with the Cobb County Superior Court.

Key approvals and conditions

- 3435 Lee Street (V25-018): The board approved a variance to reduce the side setback to 5.3 feet so the applicant, Caitlin Walker, may build a two-car garage connected to the house by a 6-foot breezeway to clear utilities on a daylight basement. Crowe said the parcel is about 0.57 acre, is under the 35% impervious maximum, and staff received no calls in opposition. The approval was conditioned on substantial compliance with the submitted site plan and elevations.

- 2627 Argo Drive (V25-019, amendment to V23-088): The board approved an amendment that further encroaches on a street-side setback, changing the planned street-side setback from 10.1 feet to 4 feet and adding a carport that increases the home's footprint. Crowe said adding the carport eliminated a different variance previously requested because the revised home would exceed 2,000 square feet. Staff recommended approval with three stipulations: substantial compliance with the submitted plans; removal and permanent stabilization (curb and gutter) of the existing driveway entrance along Argo Drive with sidewalk reestablished before certificate of occupancy; and a recorded stormwater inspection and maintenance agreement plus an as-built certification before issuance of a building permit.

- 3831 Ivanhoe Lane (V25-022): The board approved reducing the front setback from 35 feet to 28.6 feet for property owner Kevin Ramirez. Planner Crowe said the applicant had extended the scope of an earlier permit and submitted the variance after inspectors found the encroachment; the proposal will replace the existing sunroom/porch with a front porch in line with the neighborhood. Approval was conditioned on substantial compliance with the submitted plans.

- 4208 Cheltingham Lane (V25-023): Christopher Breen received approval to reduce the rear setback from 25 feet to 19.1 feet to replace an existing nonconforming deck with a new sunroom and adjacent open deck; Crowe said the proposal reduces the property's existing encroachment and is the minimum variance necessary. Approval was conditioned on substantial compliance with the submitted site plan and elevations.

Items tabled, withdrawn or forwarded

- V25-013 (PLR Properties, 1068 McLendon Avenue): The board voted to table the variance request to a future meeting at the applicant's request.

- V25-015 and V25-016 (Silver Lodestone Inc., 2596 South Cobb Drive): Both variance requests (parking-space reduction and reduced front setback) were withdrawn at the applicant's request.

- V25-017 (Silver Lodestone Inc., 2596 South Cobb Drive): The board moved an item forward to the Mayor and Council for the next available date that satisfies the Zoning Procedures Act requirements (as announced at the meeting).

- V25-020 and V25-021 (Adam Hoffman, 756 Park Manor Drive): The applicant requested both the rear-setback reduction and the impervious-surface increase be tabled to the March 12 meeting; the board approved those tablings.

- V25-024 (Christopher Breen, impervious surface at 4208 Cheltingham Lane): Withdrawn as no longer needed.

Votes and meeting process

Motions for approvals, withdrawals and tablings were made and seconded; several approvals were recorded as unanimous. For license matters, the board confirmed background checks and enforcement programs for underage alcohol sales. Crowe repeatedly noted staff had received no calls in opposition for the variances she presented and emphasized the standard condition requiring substantial compliance with submitted plans.

Public comment and staff follow-up

Neighbor Tom Donnelly spoke during the Caitlin Walker item to register concerns about local drainage and a culvert near Pretty Branch Drive, saying the area has experienced backing and ponding that affects adjacent properties. Board members and staff advised Donnelly to contact the city stormwater and street departments and the city engineer (identified at the meeting as Mr. Wolf) for a technical review; staff offered to provide contact information after the hearing.

What's next

Several items were forwarded, withdrawn or tabled to future meetings; applicants who received approvals were reminded of the conditions attached to their permits and that building permits, inspections and any required recorded agreements must be completed before final occupancy or further construction.

Ending: The board approved the Feb. 12, 2025 meeting minutes and then adjourned.