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 7 of 10 Due to the topography of the property, the entrance to the home via the attached garage is from a set of stairs which lead to the mud room on the home’s first floor. An additional set of stairs from the same landing leads to the proposed in-law suite above the garage; this is the only access point to this space. Although there is no connectivity to the main house aside from the landing below, the space will appear as part of the main structure and will not be divided by any fire wall. Thus, the addition could not easily be converted to a separate rental unit by future owners. Were it not for the kitchen, no other variances would be needed to finish the in-law suite. Community Development has been supportive of similar variances where the second kitchen has been proposed for family only and where the second kitchen could not easily be converted into a rental unit or duplex. At the time of this report, Community Development has not received any calls in opposition to the request. The applicant has requested a variance to permit a second kitchen in a single-family home at 461 Havilon Way. 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 second kitchen will not adversely affect surrounding residents. Community Development recommends approval of the requested variance with the following stipulations: 1. Approval of the requested variance is conditioned upon substantial compliance with the floor plans submitted with the variance application. 2. The in-law suite shall not be rented or occupied for gain, except as permitted in Article IX of Chapter 22 as it pertains to the operation of short-term rental units. 3. These conditions shall run in perpetuity with the property and as such are also applicable to any future owner Katie Melcher, applicant, understands and agrees to the three stipulations read into record. A public hearing was called, and no one came forward in favor of or in opposition to this item. Board Member Richard Garland made a motion to approve item V25-099; seconded by Board Member Andrea Worthy. The motion to approve carried with the following vote: Aye: 3 – Chairperson Jones, Board Member Garland, Board Member Worthy Nay: 0 – None Recuse: 0 – None F. V25-100 Public Hearing - Variance Request - V25-100 - Allow second accessory structure - Land Lot 485 - 3240 King Springs Road - William Cope Ward 3 Councilmember - Travis Lindley