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 8 of 10 Board Member Andrea Worthy made a motion to table item V25-100 to the December 10, 2025 License and Variance Board meeting; seconded by Board Member Richard Garland. 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 G. V25-101 Public Hearing - Variance Request - V25-101 - Increase the accessory structure height from 15 feet to 20.2 feet - Land Lot 592 - 1529 Roswell Street - Thomas Trebus Ward 3 Councilmember - Travis Lindley Caitlin Crowe, Land Development Services Coordinator, provided the following background: The subject parcel is a 0.57-acre lot located on the north side of Roswell Street near the two intersections of Roswell Street and Windy Oaks Court and Windy Hill Place. The subject parcel and adjacent parcels to the rear are zoned R-15 and are occupied by single-family detached residences. The adjacent parcel to the east is zoned FC (Future Commercial) and is occupied by a single-family detached home. The adjacent parcel to the south is zoned RTD and is occupied by a single-family townhome. The adjacent parcel to the west is currently zoned LC (Limited Commercial) and is vacant; note that this parcel is currently in for rezoning (Z25-016) to build a new detached single-family home. The property was rezoned in November 2020 from GC (General Commercial) to R-15 to build a new detached single-family home and in-ground swimming pool. The rezoning was tied to the site plan that was submitted with the application, which included the existing one-story concrete block detached garage and adjacent storage building in the rear of the proposed home. The building has existed on the property since at least 1968 per the Historic Aerials website and is currently nonconforming with a side setback of 4.4 feet. The applicant is proposing to retain the detached accessory structure in the same footprint and add a second level to accommodate more living space. The concrete block garage will remain in place, with the shed structure at the rear replaced with a new addition. The two-story addition will span across the top of the existing garage for a total structure size of 1,025 square feet. When completed, the first level will consist of the existing garage, living space, a wet bar, and bathroom while the second floor will house a recreation room, additional bathroom and storage space. The living space and bathroom on the first floor are to be used for the adjacent pool area when in use. This combines the need for a detached garage and pool house without creating a 3rd accessory structure. 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 structure was built prior to the current Zoning Ordinance of 1974 and is already nonconforming, the hardship is not self-created. Since the western wall (including the roof overhang) are within 5 feet of the property line, the western wall and roof area must be fire rated. Since all nearby buildings exceed the