License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes
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November 12, 2025 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 3 of 10 The applicant is proposing to remove and replace the existing 336 square foot deck with a new 364 square foot deck off the rear of the house. The southern portion of the deck will be covered with a 168 square foot screened-in porch to enjoy the outdoors even in inclement weather. The existing home, built in 1948, currently encroaches into the front setback by 1.5 feet and into the southern side setback 6.2 feet; the existing deck extends into the setback by 1.2 feet. The footprint of the deck will be expanded closer to the southern side property line by an additional 2 feet to bring the deck in line with the existing rear of the home. Once completed, the screened-in porch will be 6.8 feet from the southern side property line. However, since the home is currently 3.8 feet from the southern side property line at its narrowest point, the variance request includes this section to bring the full house into conformance. Since the variance request is tied to the site plan, any future additions within the southern side setback would need to come forth to the License and Variance Board for a variance amendment. Although the house is currently encroaching into the southern side setback, per Section 1102, “no nonconforming building, structure or use shall be extended, nor shall its total value be enhanced, unless such extensions or alterations conform with the provisions of this ordinance.” With the 2-foot extension for the screened-in porch, the property is no longer legally nonconforming. However, since the home was built prior to the current Zoning Ordinance of 1974 and is already nonconforming, the hardship is not self-created. Due to the existing deck location and the positioning of the home, the most logical area to construct the new deck is within the side setback. Community Development believes the requested variance is the minimum variance needed to replace the existing deck on the property. Strict application of the ordinance would deny the applicant any ability to modify the existing deck since the existing deck is already over the side setback line. At the time of this report, Community Development has not received any calls in opposition to the request. The applicant is requesting to deviate from the development standards established by Section 801, which requires a side setback of 10 feet. According to Section 1403 of the Zoning Ordinance, variances must be reviewed under the following standards: (1) Whether there are unique and special or extraordinary circumstances applying to the property; (2) Whether any alleged hardship is self-created by any person having an interest in the property; (3) Whether strict application of the relevant provisions of the code would deprive the applicant of reasonable use of the property; and (4) Whether the variance proposed is the minimum variance needed. After a review of the standards above, Community Development believes that the encroachment will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variance with the following condition: 1. Approval of the variance is conditioned upon substantial compliance with the site plan submitted with the variance application. Charles Miller, applicant, understands and agrees to the stipulation read into record. A public hearing was called, and no one came forward in favor of or in opposition to this item.