License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes
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April 23, 2025 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 2 of 7 a new master suite, laundry room, dining room, and 572 square foot covered patio. The remodeled pool house will transition the garage into a bedroom, bathroom, and kitchenette and is to be used by the applicant’s family members and guests who are visiting or using the adjacent swimming pool. The accessory structure ordinance allows one accessory structure or use per lot and since the detached garage (turned pool house) is already on the property, a variance is required for the in-ground swimming pool. Since the swimming pool and pool house offer different uses for the property, the hardship is not self-created. The existing home sits at a slight angle on the property and currently abuts the 10-foot side setback line. Due to the angle of the home on the property, any rear expansion to the north in line with the existing home would create a variance. If the addition were to be placed on the other side of the home, additional land disturbance would be required to also remove and replace the driveway. To reduce the extent of the variance request, the proposed rear addition will jog in 1.8 feet before extending in line with the existing home, thus creating the minimum variance needed. Note that the pool house is also encroaching into the southern side setback by 1.2 feet. However, since the structure was built in 1970 (prior to the current Zoning Code of 1974) and since the renovations will be all interior to the building, the accessory structure can remain legally nonconforming without the need for a variance per Section 1102. After the addition of the swimming pool and building addition, the impervious surface area will be above the allowable 35% by 6.7% (or 1,427 square feet). To offset the additional increase in impervious surface area, the applicant is adding a paver storage and infiltration system under the swimming pool decking. The Engineering Department has reviewed the application and is supportive of the proposed mitigation method with the stipulation that a Stormwater Inspection & Maintenance Agreement be recorded prior to pool permit issuance. Community Development believes the variances are the minimum variances needed to provide additional living space and amenities on the subject property. At the time of this report, Community Development has not received any opposition to the requests. The applicant is requesting to deviate from the development standards established by the City for the side setback, maximum number of accessory structures, and maximum impervious surface area. 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. A Stormwater Inspection and Maintenance Agreement shall be completed and recorded with the Cobb County Superior Court prior to issuance of the pool permit. 3. A stormwater as-built certification statement shall be submitted to Community Development for approval prior to issuance of the pool permit Certificate of Completion.