License and Variance Board Meeting — Minutes
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February 25, 2026 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 4 of 6 A public hearing was called, and no one came forward in favor of or in opposition to this item. Board Member Richard Garland made a motion to approve item V26-011; seconded by Board Member Andrea Worthy. The motion to approve carried with the following vote: Aye: 3 – Chairperson Jones, Board Member Garland, Board Member Worthy Nay: 0 – None Recuse: 0 – None F. V26-014 Public Hearing - Variance Request - V26-014 - Increase the maximum impervious surface area from 45% to 46.7% - Land Lot 596 - 3202 Collier Gate Court - Aliceson King Ward 6 Mayor Pro Tem / Councilmember - Tim Gould Caitlin Crowe, Land Development Services Coordinator, provided the following background: The subject parcel is a 0.18-acre lot located on the western side of Collier Gate Court in the Collier Gate subdivision. The subject parcel and adjoining parcels to the north, south, and east are zoned RDA whereas the adjacent parcel to the west is zoned R-20; all are occupied by single-family detached homes, with the exception of the eastern parcel, which is vacant land. The property is currently occupied by a two-story home with a 20-foot private drainage easement in the rear of the property. The applicant is proposing to enclose the existing roofed patio on the rear of the house and extend the southern section by 7 feet (for a total increase of 118 square feet) to provide additional room for a small spa. The existing property is currently just over the maximum impervious surface area of 45% by 0.2%. The additional 118 square feet of impervious surface area will now increase the impervious surface area to 46.7%. Since the Stormwater Ordinance does not differentiate between replaced and new impervious area, a variance is required to replace and expand the existing nonconforming impervious area. Additionally, per Section 1102, “no nonconforming building, structure or use shall be extended, nor shall its total value be enhanced, unless such extensions or alterations conform with the provisions of this ordinance.” With the addition, the property no longer becomes legally nonconforming. However, since the existing single-family home was already non-conforming, the hardship is not self-created. After the deck expansion, the impervious surface area will be above the allowable 45% by 1.7% (or 132.9 square feet). The applicant had previously installed a french drain and infiltration system in 2017 along the sides and rear of the property, which serves to offset the additional increase in impervious surface area. Due to the existing drainage and infiltration system which functions as water quality treatment for the site, the Engineering Department has determined that no additional remediation is required in order to support the variance. Community Development believes the variance is the minimum variance needed to construct any usable outdoor space due to the existing house already over the impervious surface area. Similar variances have been approved throughout the city when an