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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 8 of 9 
 
Caitlin Crowe, Planner I, provided the following background: 
  
The subject parcel is a 0.46-acre double frontage lot on the north side of Belmont Avenue 
and south side of Windy Hill Road (see Figure 1). The subject parcel and adjoining 
parcels to the north, west and east are zoned R-15 and are all occupied by single-family 
detached residences, with the exception of the parcel to the east, which is occupied by the 
Fox Creek Golf Club. The property to the south is zoned RDA and is occupied by the 
Grove at Adam’s Pond stormwater detention pond. 
  
The new home, recently completed in April 2025, has an existing one-car driveway that 
leads to the side-entry garage. The existing driveway meets the required 5-foot driveway 
setback and is actually 10 feet from the side property line due to an existing drainage 
easement that runs the length of the western side property line. Note that the driveway 
could not be expanded to accommodate a standard two-car driveway on the western side 
of the home due to the drainage easement. The applicant received approval to install a 
second driveway apron on the eastern side of the property in February 2025 with the 
condition that it remain 5 feet from the side property line. After the home was completed, 
the applicant went outside the scope of the driveway and installed concrete strips 
alongside the property line to create a ribbon driveway, closer than the approved 5 feet. 
After being alerted, the applicant quickly submitted for the next available variance 
meeting. 
  
The applicant is proposing to retain the new ribbon driveway to store the homeowner’s 
work vehicle within the property boundaries instead of within the City right-of-way where it 
currently resides. The 22-foot truck has a 30-foot gooseneck flatbed trailer attached, 
which is unable to fit on the existing 81-foot driveway without fully blocking the entrance to 
the garage. By adding the second ribbon driveway up the length of the house (for a total 
of 125 feet), the full work vehicle and trailer can be stored out of the right-of-way and 
blocked from view for eastward-bound traffic by the existing house. 
  
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. Community Development believes the 
variance is the minimum variance needed to park the trailer out of the roadway and 
completely within the property boundaries. 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 
Section 801, which requires a minimum 5-foot driveway setback in certain residential 
zoning districts. 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 encroachment 
will not adversely affect surrounding residents; therefore, staff recommends approval of 
the requested variance with the following condition:  
 
1. Approval of the requested variance shall be conditioned upon substantial 
compliance with the site plan submitted with the variance application. 
 
Jackson Webb, applicant stated he understands and agrees to the stipulation read into 
record.