License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes
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May 14, 2025 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 2 of 9 building permit is required.) Once notified of the violations, the applicant submitted the variance application in March 2025. The property is currently occupied by an 18,210 square foot warehouse building with a detention pond in the southwest corner. A dumpster enclosure is proposed as part of the original project to convert the location into an autobody shop. The accessory structure ordinance allows one accessory structure or use per lot and since the dumpster enclosure is already proposed on the property, a variance is required for the detached shed. Since the dumpster enclosure and shed offer different uses for the property, the hardship is not self-created. The shed structure was built behind the limits of the front parking lot, so there is no impediment to the current flow of traffic at the business. The structure as it exists today has a gable roof, which will be converted to a shed roof to ensure any water runoff flows on to the subject property. Additionally, since the structure is on the property line, it will also need to be fire rated. Community Development does not foresee any negative impacts to adjacent properties should the variances be approved. 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 accessory structure and side setback requirements established for the GC (General Commercial) 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 has reviewed the request and believes that the variance will not adversely affect surrounding properties. Therefore, staff recommend approval of the requested variance with the following conditions: 1. Approval of the requested variances shall be conditioned upon substantial compliance with the site plan and elevations submitted with the variance application. 2. The shed structure shall be fire-rated. Hossein Kafaei, applicant, stated he understands and agrees to the two stipulations read into record. A public hearing was called, and no one came forward in favor of or in opposition to this item. Board Member Mary Moore made a motion to approve item V25-041; seconded by Board Member Bo Jones. The motion to approve carried with the following vote: Aye: 3 – Chairperson Worthy, Board Member Jones, Board Member Moore Nay: 0 – None Recuse: 0 – None