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License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes

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August 13, 2025 
10:00 AM 
 
City of Smyrna 
License and Variance Board Meeting 
2800 King Street SE 
Council Chambers 
 
Page 4 of 9 
 
During the renovations, the applicant will be replacing the gravel with a concrete driveway 
to bring it in compliance with current parking surface code. 
  
As part of the overall renovation, the applicant is proposing a 588 square foot addition on 
the eastern side of the home, which will encroach into the side setback by 2.6 feet. The 
addition will consist of a new master bedroom suite, mudroom, and covered porch. 
Although the house sits squarely between the side setbacks, the property has a significant 
slope on the western side of the property, which would require more land disturbance to 
level out the addition. Additionally, the basement access is through an exterior door in the 
rear of the home. If the addition were to be erected in the rear of the property, it would 
block the basement access or create more construction work to relocate the doorway and 
nearby retaining wall. Thus, the most logical location for the addition was within the 
eastern side setback. No other variances are required for the renovations, as all other 
setbacks are met, and the property will be under the maximum impervious surface area of 
35%. 
  
Since the existing home was constructed in 1953, prior to the adoption of the current 
Zoning Ordinance in 1974, Community Development believes the variance requested is 
the minimum variance needed to construct a modern-size home. Community 
Development does not foresee any negative impacts to adjacent properties should the 
variance be approved. Similar variance requests have been approved nearby at 995 
Valley Drive (V24-008) and 3212 Ridgecrest Road (V21-039) in 2024 and 2021, 
respectively. Thus, there is a precedent for variances of this type 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 
Section 801, which requires a minimum 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 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. 
 
Daniel Gray, applicant, stated he understands and agrees to standard 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 V25-072; seconded by 
Board Member Bo Jones. 
 
The motion to approve carried with the following vote: