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Smyrna variance board approves three variances, tables one; stormwater mitigation required for deck expansion

October 23, 2025 | Smyrna, Cobb County, Georgia


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Smyrna variance board approves three variances, tables one; stormwater mitigation required for deck expansion
The Smyrna Variance Board met Oct. 22 and, in unanimous 3-0 votes, approved three separate variance requests and tabled a fourth. Actions included approval of a reduced front-yard setback on Dundee Drive, approval of an increase in allowable impervious surface for a Queensgate Drive property conditional on a rain-garden mitigation plan and recorded stormwater inspection and maintenance agreement, and approval of a side-setback reduction for an existing accessory structure on Howell Drive. A request to allow a secondary accessory structure at a Belmont Avenue address was tabled.

Board staff said the cases involved small-scale residential changes where staff found either practical difficulties created by older recorded plats or preexisting site conditions. Caitlin Crow, land development services coordinator for community development, told the board the Dundee Drive lot was platted in 1959 with a 30-foot front setback, while the county’s current zoning ordinance (1974) requires a 35-foot front setback, creating the conflict that prompted the variance request.

The board tabled variance request V25‑095, described on the agenda as a request to allow a secondary accessory structure at Land Lot 562 (1413 Belmont Avenue), applicant Chris Agrell. A motion to table passed 3-0. No public comment on that item was recorded.

The board approved variance V25‑092 to reduce the required front setback from 35 feet to 28.4 feet for a property on Dundee Drive. Crow said the existing home is about 1,800 square feet; the applicant proposes roughly a 1,000-square-foot addition and a carport on the northwest side of the addition. Crow noted that "the original plat called for a 30 foot setback, whereas our current ordinance does require 35 feet," and said the carport location results in a 6.6-foot encroachment into the front yard setback. Staff recommended approval with the standard condition that the variance approval be conditioned on substantial compliance with the submitted site plan and elevation. Harold Shoemaker, identified as the applicant’s representative/homeowner for the Dundee Drive case, confirmed he understood and agreed to the stipulation. The motion to approve passed 3-0.

The board approved variance V25‑093 to increase the maximum impervious surface from 35% to 39.3% for a 0.23-acre lot at 1130 Queensgate Drive in the King Valley at Vining subdivision. Crow said the property was already over the limit because of an unpermitted concrete pad placed between 2009 and 2016; the proposal would replace and modestly enlarge an existing deck and add a screened porch of roughly 60 square feet. Engineering staff described a 15-foot drainage easement that bisects the rear yard and confirmed it contains a pipe. Clara Hodges of the engineering department said, "It is a pipe. Yes." To offset the increased impervious area, the applicant proposed a rain garden in the front yard; Crow said the engineering department reviewed and supported that mitigation. The board’s approval included three stipulations: substantial compliance with the submitted mitigation plan; a stormwater inspection and maintenance agreement to be completed and recorded with the Cobb County Superior Court before a building permit is issued; and submission of a stormwater as‑built certification before issuance of a certificate of completion. Joseph Minahan identified himself as the homeowner and indicated he agreed to the stipulations. The motion to approve passed 3-0.

The board approved variance V25‑094 to reduce the side-yard setback from 10 feet to 7.8 feet for a 0.36-acre lot at Howell Drive (Land Lot 7013195), applicant Michael Plochta. Crow said a previously unpermitted accessory structure built by a prior owner was discovered during a plan review for a cover over an existing deck; staff issued a building permit for the deck cover conditioned on completion of permitting for the existing accessory structure, which in turn required the side-setback variance. Crow described the lot as irregular—"catty-corner" on the parcel—with a large front yard and small rear yard, making the existing structure’s location the most practical. Crow also noted a portable shed next door that extends about 1.6 feet into the side setback; the chief building official determined the portable shed would not be counted as permanent for setback calculation but must meet setback requirements if it is replaced or moved. Staff recommended approval with two stipulations: substantial compliance with the submitted site plan and the requirement that the portable shed meet setback rules if replaced or relocated. The motion to approve passed 3-0.

The board adjourned at approximately 10:16 a.m. No public speakers opposed any of the three approved variances during the hearings recorded in the transcript.

Votes at a glance

• V25‑095 (allow secondary accessory structure — Land Lot 562 / 1413 Belmont Avenue, applicant Chris Agrell): Motion to table — passed 3-0.
• V25‑092 (reduce front setback from 35 ft to 28.4 ft — Dundee Drive, applicant Harold Shoemaker): Approved 3-0; condition: substantial compliance with site plan/elevation.
• V25‑093 (increase impervious surface from 35% to 39.3% — 1130 Queensgate Drive, King Valley at Vining, applicant listed on motion as Matt Orlando; homeowner Joseph Minahan spoke): Approved 3-0; conditions: compliance with mitigation plan, recorded stormwater inspection and maintenance agreement with Cobb County Superior Court before building permit issuance, and submission of stormwater as‑built certification prior to certificate of completion.
• V25‑094 (reduce side setback from 10 ft to 7.8 ft — Howell Drive, applicant Michael Plochta): Approved 3-0; conditions: substantial compliance with site plan and requirement that any replaced/moved portable shed must meet setbacks.

Sources: Smyrna Variance Board meeting transcript, Oct. 22, 2025 (staff presentations by Caitlin Crow and engineering input from Clara Hodges).

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