License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes
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June 11, 2025 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 5 of 9 continue the encroachment into the side setback, but no more than what exists on the property today. Due to the existing encroachment, any rear expansion in line with the existing home would create a variance; thus, the hardship is not self-created. As part of the renovation to the property, the applicant is removing the existing 360 square foot accessory structure and replacing it with an expanded 503 square foot two-car garage and 183 square foot attached covered patio for a total of 689 square feet. The garage will be accessed off the existing driveway, which will be partially replaced and expanded to provide the turning radius needed to enter and exit the garage. The existing driveway abuts the property line, which will continue with the replacement. This condition has existed on the property since at least 2003 per Cobb County GIS aerials with no detriment to surrounding neighbors. Many of the driveways in the area are up to the side property line due to the age of the properties (most having been erected in the 1950s), thus the location of the driveway would not be out of character in the neighborhood. Due to the existing concrete driveway, the most logical area to construct the detached garage is within the southern side setback to decrease disturbance to the subject property and surrounding neighbors. Thus, the applicant is requesting a variance to reduce the southern side setback from 10 feet to 5 feet. Since the existing home encroaches on both side setbacks already, there is no additional room to add any type of garage space within the side setbacks without moving the structure to the middle of the lot and drastically increasing the amount of driveway required. Once the renovations are complete, the home will be 2,275 square feet, which would allow for a 569 square foot accessory structure, the maximum allowed at 25% of the primary dwelling size. The proposed accessory structure is 686 square feet, which is 30.2% of the primary dwelling size (or an increase of 117 square feet). After the addition of the detached garage, additional driveway, and building addition, the impervious surface area will be above the allowable 35% by 13.6% (or 1,282 square feet). To offset the additional increase in impervious surface area, the applicant is adding a 144 square foot infiltration swale to the rear of the property. The Engineering Department has reviewed the application and is supportive of the proposed mitigation method with the stipulation that a Stormwater Inspection & Maintenance Agreement be recorded prior to building permit issuance. Community Development believes the variances are the minimum variances needed to provide additional living space and amenities on the subject property. Similar varaicnes were approved for a detached garage at 1015 Hillsdale Street in 2023 (V23-081-084) so there is a precedence for these types of variances in the area. At the time of this report, Community Development has not received any opposition to the requests. The applicant is requesting to deviate from the development standards established by the City for the side setbacks, maximum size of accessory structures, driveway setbacks, and maximum impervious surface area. 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: