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 6 of 7 square foot covered front porch and shift the front door from a side-entry to a front-entry. This will allow the applicant to enjoy the front yard as well as enter the home in inclement weather more easily. The front porch addition will be in line with the existing home with accompanying stairs that project out an additional 3 feet for access. The existing home sits on the southeast corner of the corner-lot property with a narrow front yard and large rear and side yard. The existing home currently encroaches into the front setback by 6.16 feet; since the existing home was constructed in 1952, prior to the adoption of the current Zoning Ordinance in 1974, the hardship is not self-created. Per Section 1207, stairs are allowed to project into the front setback up to four feet; however, since the existing home is already encroaching into the front setback more than four feet, the stairs are included in the front setback reduction. Thus, any frontward expansion in line with the existing home would create a variance. Due to the existing house layout, the most logical area to construct the front porch is within the front setback to decrease disturbance to the subject property and surrounding neighbors. Community Development does not foresee any negative impacts to adjacent properties should the variance be approved. Additionally, similar variances have been approved in 1998 at 909 Sharon Circle and 911 Sharon Circle (V98-002 & V98-016, respectively), so there is a precedence for this type of variance in the immediate area. 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 the City for the R-15 zoning district, which requires a minimum front setback of 35 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 requested variance shall be conditioned upon substantial compliance with the site plan and elevations submitted with the variance application. David Gernatt, applicant, stated he 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. Board Member Andrea Worthy made a motion to approve item V25-043; seconded by Board Member Bo Jones. The motion to approve carried with the following vote: Aye: 3 – Chairperson Garland, Board Member Jones, Board Member Worthy Nay: 0 – None Recuse: 0 – None