License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes
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December 10, 2025 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 4 of 20 encroaching into all property setbacks and is considered legal nonconforming. Per Cobb County Aerials, the previous shed existed on the property since at least 2003. However, although the previous shed was encroaching into both the western side setback and front setback, per Section 1102, “no nonconforming building, structure or use shall be extended, nor shall its total value be enhanced, unless such extensions or alterations conform with the provisions of this ordinance.” With the full replacement and subsequent increase to the shed square footage, the shed location is no longer legally nonconforming. Due to the proximity to the side property line, the property owner obtained a survey of the property as part of the variance application, which showed that the new shed is currently 2.5 feet from the side property line and 20.1 feet from the front property line. From a review of Smyrna GIS Aerials, it was determined that the neighboring house to the west (861 Frances Drive) is roughly 5 feet from their side property line. Thus, the shed would not only be encroaching into the side property line, but there would be less than 10-foot building separation between the shed and the adjacent home. To gain Fire Marshal variance support, the applicant has agreed to move the shed an additional 2.5 feet to the east for a total side setback encroachment of 5 feet to create the required 10-foot building separation. Because the shed is located on a corner lot, its current placement also makes it appear to sit in front of the neighboring home at 861 Frances Drive. Due to this, staff are unable to support a front setback reduction for an accessory structure at this location. The applicant has since withdrawn this request and has agreed to move the shed an additional 14.9 feet to the north (to the rear of the property), thus eliminating the front setback reduction. Due to the unique geometry of the house in relation to the property lines, there are few locations to put any type of accessory structure. An existing 6-foot wooden privacy fence encloses the properties rear yard; Community Development believes that once moved, the structure will not adversely impact adjacent properties. At the time of this report, Community Development has not received any opposition to the variance 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 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 variance will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variance with the following conditions: 1. The shed shall be moved out of the front setback and at least 5 feet from the western side property line within 30 days of variance approval. 2. A permit for the shed must be acquired within 60 days of variance approval. Chairperson Garland asked for setback clarification. Mrs. Crowe stated that 14.9 ft. is for the front setback. The 5 ft. is for the side setback. Board Member Randall asked how large the shed is. Mrs. Crowe stated it is 211 sq. ft. which includes the concrete landing.