License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes
Open official source ↗ · Source page 9
February 26, 2025 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 9 of 11 A public hearing was called, and no one came forward in favor of or in opposition to this item. Board Member Bo Jones made a motion to approve item V25-022; seconded by Board Member Andrea Worthy. The motion to approve carried with the following vote: Aye: 3 – Chairperson Garland, Board Member Jones, Board Member Worthy Nay: 0 – None Recuse: 0 – None L. V25-023 Public Hearing - Variance Request - V25-023 - Reduce the rear setback from 25 feet to 19.1 feet - Land Lot 406 - 4208 Cheltingham Lane - Christopher Breen Ward 4 Councilmember - Charles 'Corkey' Welch Caitlin Crowe, Planner I, provided the following background: The subject parcel is a 0.20-acre lot located on the north side of Cheltingham Lane within the King Valley at Vinings subdivision (see Figure 1). The subject parcel and all adjoining parcels are zoned R-15 and are all occupied by single-family detached homes. The existing home was originally built in 1999 with a rear deck and stairs that encroached into the rear setback without the proper variance. Since the home was completed in 1999 prior to the current owner’s purchase, the hardship is not self-created. The applicant is proposing to replace and enclose the existing deck to make a 294 square foot sunroom and add a new 40 square foot deck with accompanying stairs. With the sunroom and deck additions increasing the value of the structure, regardless of the previous nonconformity, the property is required to be brought to current code per Section 1102. No other variances are required, as all other setbacks are met, and the property will be under the maximum impervious surface area of 35%. Due to the existing deck location, the most logical area to construct the sunroom and new deck is within the setback. The applicant is looking to expand this nonconforming location along the back of the home, but no closer to the rear of the property than exists currently. In fact, the encroachment will be reduced by 2.2 feet since the existing deck sits at 16.9 feet from the rear property line. Community Development believes the requested variance is the minimum variance needed to replace the existing deck on the property. A similar variance was approved nearby at 4114 Kenway Court (V15-046) so there is a precedence for this type of variance in the neighborhood. Strict application of the ordinance would deny the applicant any ability to modify the existing deck since the existing deck is already over the rear setback line. 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 the King Valley at Vinings subdivision plat, which requires a rear setback of 25 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