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Smyrna board approves alcohol-agent change and multiple residential variances; neighbor seeks tree protections

Smyrna License and Variance Board · July 16, 2024
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Summary

The Smyrna License and Variance Board on July 10 unanimously approved an alcohol license agent change and several residential variance requests — including a deck encroachment into a city stream buffer and multiple setback/impervious‑surface variances — with staff‑recommended conditions and mitigation requirements.

Smyrna — The License and Variance Board on July 10 approved an alcohol license agent change and a series of residential variances, including a request to retain a deck that encroaches into the city's stream buffer and several setback and impervious‑surface exceptions, all with staff‑recommended conditions.

Acting Chair Andrea Worthy opened the meeting and introduced the board and staff. The board first approved a privileged-license agent change for beer and wine and Sunday sales at 475 Windy Hill Road, naming Satish Corelli as the on-site agent. Corelli told the board he is taking over the Sherwood gas station and that he will be the store operator; he said employees will check physical ID to verify age and receive a seven‑day training program. The board approved the agent change by unanimous vote.

Planner Joey Stobbs then presented a variance request at 1153 Ryan Chase to retain a newly constructed 286‑square‑foot deck, about 140 square feet of which lies in the city’s 50‑foot undisturbed stream buffer and roughly 147 square feet within the state 25‑foot buffer. Stobbs said the city engineer concluded the encroachment into the city stream buffer is minor and exempt from remediation and that staff recommended approval with two conditions, including substantial compliance with the submitted site plan and that the Georgia Environmental Protection Division determine whether mitigation is required for the state buffer prior to building‑permit issuance. Applicant Frank Pologrudo said he is rebuilding the deck in its existing footprint and told the board, “I will comply with all the city's recommendations from mister Stobbs and the city engineers.” The board approved the deck variance unanimously.

The board also approved three related variances for 2730 Morse Circle to allow construction of a swimming pool and cabana: V24‑053 to increase maximum impervious surface from 35% to 44%; V24‑062 to reduce a side setback from 10 feet to 5 feet; and V24‑063 to allow a second accessory structure. Ashley Dover of Georgia Classic Pool, representing the pool contractor, said the proposal includes a rain garden to offset runoff and that the team will comply with three staff stipulations: substantial compliance with the mitigation plan, a recorded stormwater inspection and maintenance agreement with the Cobb County Superior Court before the pool permit is issued, and submission of a stormwater as‑built certification before a certificate of completion. Each variance passed unanimously.

At 2255 Goodwood Boulevard, the board approved a related trio of variances for a two‑story addition that would add about 1,000 square feet: V24‑055 to increase allowable impervious surface from 30% to 38.5%, V24‑060 to reduce the front setback from 25 feet to 24.5 feet, and V24‑061 to reduce the side setback from 10 feet to 6 feet. Rakiya Sims said she was standing in for applicant Christopher (recorded in the meeting materials as Christopher Sadibi) and confirmed the approved stormwater mitigation plan will be part of construction documents. Neighbor Debbie Rady of 2305 Goodwood Boulevard asked how the expansion would affect Leyland cypress trees on her property; Stobbs and the board replied the applicant is not proposing disturbance beyond its property line and that a silt fence will separate the sites. Rady said that response satisfied her concerns. All three Goodwood variances passed unanimously, with the same stormwater‑mitigation and documentation conditions.

Staff repeatedly noted conditions tied to stormwater mitigation and engineering review. Stipulations across approvals included substantial compliance with submitted mitigation plans, that a stormwater inspection and maintenance agreement be recorded with the Cobb County Superior Court before permits issue, and submission of stormwater as‑built certification prior to final completion. For the Ryan Chase deck, staff additionally flagged that the Georgia Environmental Protection Division must make a determination about state‑buffer mitigation.

The board approved the minutes from its June 26 meeting and adjourned at 10:27 a.m. No votes failed; no items were continued beyond the noted tabling of one variance (to July 24) that staff requested earlier in the meeting.

What’s next: approved variances remain subject to the stated conditions (mitigation plan compliance, recorded stormwater agreements, and any state determinations where noted) before building permits or certificate‑of‑completion milestones occur.