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 9 of 10 minimum 10 feet of separation from the subject structure, no fire suppression system is required. Based on the definition of building height, the applicant has requested to increase the accessory structure height of the detached garage from 15 feet to 20.2 feet to build the second floor. Rather than expanding the existing structure’s footprint for the living area addition, the applicant added the second story loft to minimize land disturbance and impervious surface area. Due to the existing garage’s nonconforming location, the most logical area to construct the addition was over the same foundation, within the side setback, to decrease disturbance to the subject property. Strict application of the ordinance would deny the applicant any ability to modify any portion of the accessory structure since it is already nonconforming. Similar side setback variances have been approved at 1539 Roswell Street in 2012 (V12- 014) and 1543 Roswell Street in 2025 (V25-051) so there is a precedence of these types of variances in the immediate area. At the time of this report, Community Development has not received any calls in opposition to these requests. The applicant is requesting to deviate from the development standards established by the City for the maximum accessory structure height of 15 feet and the 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 variances will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variances with the following conditions: 1. Approval of the requested variances is conditioned upon substantial compliance with the site plan and elevations submitted with the variance application. 2. The accessory structure shall not be permitted to have an oven or stove without obtaining an additional variance for a second kitchen. 3. Gutters and downspouts shall be installed to divert stormwater away from adjacent properties. 4. Any portion of the western wall that encroaches closer than 5 feet to the side property line must have a 1-hour rated wall or painted with fire-retardant paint, or as deemed necessary by the Chief Building Official. 5. The proposed accessory structure 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. 6. These conditions shall run in perpetuity with the property and as such are also applicable to any future owner. Thomas Trebus, applicant, understands and agrees to the six 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 V25-101; seconded by Board Member Andrea Worthy.