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 6 of 20 home and existing uncovered deck will be remodeled for a master suite while the remaining portion of the deck will be screened in. The existing home, built in 1951, currently encroaches into the front setback by 14.5 feet and into the northern side setback 4.3 feet. Once the front porch is added along the length of the home (stopping at the new garage) and the garage size is increased, the home will encroach into the front setback an additional 4.3 feet and into the side setback 2.2 feet. Although the house is currently encroaching into the front and side 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 nearly 3-foot extension for front porch, the property is no longer legally nonconforming. However, since the structure was built prior to the current Zoning Ordinance of 1976 and is already nonconforming, the hardship is not self-created. Additionally, the existing one-story home is 1,906 square feet, which is below the minimum house size of the R-15 zoning district of 2,000 square feet. With the new construction, the home will be 2,093 square feet and be brought into compliance with the R-15 zoning district floor area requirement. Since the northern section of the porch (including the roof overhang) are within 5 feet of the property line, the northern section of porch and roof area must be fire rated. Since all nearby buildings exceed the minimum 10 feet of separation from the subject structure, no fire suppression system is required. Due to the existing house’s nonconforming location, the most logical area to construct the porch and garage addition was in line with the existing foundation, within the front and side setback, to decrease disturbance to the subject property. Strict application of the ordinance would deny the applicant any ability to modify any portion of the home since it is already nonconforming. Similar setback variances have been approved at 2804 Walker Court in 2018 (front setback; V18-021) and 2790 Walker Court in 2020 (side setback; V20-068) so there is a precedence of these types of variances in the immediate area. At the time of this report, Community Development has not received any calls in opposition to these requests. The applicant is requesting to deviate from the development standards established by Section 801, which requires a side setback of 10 feet and front setback of 35 feet in R-15 lots. 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. Gutters and downspouts shall be installed to divert stormwater away from adjacent properties. 3. Any portion of the northern porch that encroaches closer than 5 feet to the side property line must be painted with fire-retardant paint, or as deemed necessary by the Chief Building Official.