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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 8 of 20 
 
attached carport, and new front and back porch. The home will be accessed from the 
existing driveway off Sharon Drive. Since the home is being doubled and the roof is being 
completely replaced, the home is considered new and must conform to the City’s current 
codes per Section 1102 of the Zoning Code. 
  
The subject property is 14,763 square feet, while the R-15 zoning district requires a 
minimum lot size of 15,000 square feet. Since the subject property is an existing lot of 
record, originally platted in 1951, the hardship is not self-created. If it were not for the 
nonconforming lot, no other variances would be required to build the new home. 
Additionally, the existing one-story home is 962 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 2,695 square feet and be brought into compliance with the R-15 zoning 
district floor area requirement. 
  
The subject property is unique in that it has less square footage than what the R-15 
zoning district requires. The hardship is not self-created as the property is an existing lot 
of record. The variance requested is the minimum variance needed to build a new single-
family home on the subject property. Community Development does not believe building a 
new single-family home on the subject property in accordance with the R-15 zoning 
requirements will negatively impact the surrounding properties as there is an existing 
home on the subject property. 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 City’s minimum lot area requirement 
established for the R-15 zoning district. 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. Community Development believes that the 
requested variance will not adversely affect surrounding properties. Therefore, staff 
recommend approval of the requested variance with the following conditions:  
 
1. Approval of the requested variance shall be conditioned upon substantial 
compliance with the site plan and elevations submitted with the variance 
application. 
2. An as-built survey shall be submitted prior to foundation pour due to the proximity 
to the setbacks. 
3. Any damaged or broken curb caused during construction shall be replaced prior to 
issuance of the Certificate of Occupancy. 
 
Harold Shoemaker – applicant/licensed general contractor – stated he understands and 
agrees to the three conditions 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 V25-108; seconded by 
Board Member Eric Randall. 
 
The motion to approve carried with the following vote: