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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 5 of 9 
 
Aye: 3 –  Chairperson Garland, Board Member Jones, Board Member Worthy 
Nay: 0 –  None 
Recuse: 0 –  None 
 
 D. V25-073 Public Hearing - Variance Request - V25-073 - Allow second accessory 
structure - Land Lot 558 - 3107 Wills Street - Benjamin Bell 
Ward 6 Mayor Pro Tem / Councilmember - Tim Gould 
 
Caitlin Crowe, Land Services Development Coordinator, provided the following 
background for item V25-073, V25-074, V25-075, V25-076, and V25-077: 
  
The applicant is seeking five variances to construct a two-story accessory structure in the 
rear of 3107 Wills Street: to allow a second accessory structure, increase the maximum 
accessory building size from 25% to 49% of the primary dwelling, increase the maximum 
accessory structure height from 15 feet to 23.1 feet, reduce the driveway setback from 5 
feet to 2.5 feet, and increase the maximum impervious surface area from 35% to 40.5%. 
The maximum accessory structure number, size, and height are required per Section 501 
of the Zoning Code whereas the 5-foot driveway setback and maximum impervious 
surface area are associated with Section 801 of the Zoning Code. 
  
The subject parcel is a 0.36-acre lot located on the east side of Wills Street. The subject 
parcel and all adjacent parcels are zoned R-15 and are all occupied by single-family 
detached residences, with the exception of the parcel to the east, which is currently 
vacant. 
  
The property is currently occupied by a two-story 3,338 square foot single-family home 
and 308 square foot in-ground swimming pool (recently completed in July 2025). A 
variable drainage easement ranging from 12-feet to 20-feet runs up the length of the 
northern side property line and bisects the rear of the property at an angle. The applicant 
is proposing a two-story 1,635 square foot accessory structure in the northeastern rear of 
the property. The proposed structure will have two levels: a two-car garage on the first 
floor and a living area with a bathroom and kitchenette on the second floor, which will be 
accessed by an interior staircase. The first-floor two-car garage will be accessed via the 
existing driveway on the southern side of the home, which will be expanded as part of the 
project. 
  
The existing property does not have any covered parking areas, as the substantial 
remodel on the property in 2019 focused on enlarging the living space. Since the existing 
house footprint sits with each side roughly 12 feet from the side setbacks, the applicant 
does not have enough room to erect a standard two-car garage on either side of the 
existing home without encroaching into the side setback. In fact, to try and minimize the 
variances, the new detached structure will be towards the middle of the rear yard to 
remove any side setback encroachments. 
  
The accessory structure ordinance allows one accessory structure or use per lot and 
since the in-ground swimming pool is already on the property, a variance is required for 
the second accessory structure. Since the swimming pool and accessory structure offer 
different uses for the property, the hardship is not self-created. 
  
In conjunction with the two-car garage, the applicant is proposing additional living space to 
maximize the buildable space on the property and to account for future needs. However, 
the existing two-story home is 3,338 square feet, which means that the 1,635 square foot 
proposed accessory structure exceeds the allowable accessory structure size by 24%