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 8 of 9 An existing 6-foot wooden privacy fence separates the property from the adjacent neighbor to the west, which will shield the pergola from view. Due to the location of the pergola in the rear yard, Community Development believes the proposal will not adversely impact adjacent properties. Strict application of the ordinance would deny the applicant any ability to have a pergola on the property due to the existing storage shed. A similar variance for a second accessory structure was approved two doors down at 1555 Roswell Street in 2024 (V24-059) and a variance for a side setback reduction was approved next door at 1539 Roswell St in 2012 (V12-014) so there is a precedence for these types of variances in the immediate area. 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 City’s accessory structure ordinance and the development standards established by the Hatcher Homes, Inc plat, which requires a minimum exterior side setback of 10 feet to erect a pergola on the property. 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 additional accessory structure will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variance with the following condition: 1. Approval of the subject property for the requested variance shall be conditioned upon substantial compliance with the site plan and elevations submitted with the variance application. Board Member Moore asked what the distance is between the pergola and the garage. Ms. Crowe did not know but stated that there is no minimum requirement for distance per building code. Mitchell Scott, applicant, stated that the distance between the pergola and garage is five feet corner to corner. He stated he understands and agrees to the standard stipulation read into record. 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 V25-047; seconded by Board Member Mary Moore. 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 G. V25-051 Public Hearing - Variance Request - V25-051 - Reduce the side setback from 10 feet to 6 feet - Land Lot 592 - 1543 Roswell Street - Mitchell Scott Ward 3 Councilmember - Travis Lindley