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License and Variance Board Meeting - Council Chambers — Minutes

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June 24, 2026 
10:00 AM 
 
City of Smyrna 
License and Variance Board Meeting 
2800 King Street SE 
Council Chambers 
 
Page 17 of 18 
 
The subject property previously had a 4-foot wooden picket fence around the rear 
perimeter of the property. The applicant is proposing to remove the existing wooden fence 
and erect a 6-foot wooden fence closer to the property line along Kenway Circle to provide 
a larger, private backyard space. 
  
Due to the property having road frontage on two sides, both sides are considered a front 
yard regarding fencing. Section 503-A restricts the height of fences within a front yard to 
four feet; strict application of the ordinance would require a fence greater than four feet in 
height be setback 25 feet from the property line on the Kenway Circle side. Thus, the 
applicant is requesting a variance to allow the 6-foot wooden privacy fence within the front 
yard to provide safety and security from the busy road and intersection. Additionally, the 
City Engineer has determined that there is no site distance issue caused by the fence. 
  
The applicant is requesting a variance to allow a 6-foot wooden privacy fence closer than 
25 feet to Kenway Circle to provide safety and security for his family. Community 
Development believes the variance requested is the minimum variance needed and that, 
at times, a 4-foot fence may not provide adequate privacy on a corner lot. At the time of 
this report, Community Development has not received any calls in opposition to this 
request. 
  
The applicant is requesting to deviate from the development standards established by 
Section 503-A, which requires a 4-foot fence in the front yard. 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 conditions:  
 
1. Approval of the requested variance shall be conditioned upon substantial 
compliance with the site plan submitted with the variance application. 
 
Ryals Dent, applicant, stated he understands and agrees to the stipulation read into 
record. 
  
A public hearing was called, and no one came forward in favor of or in opposition to this 
item. The public hearing was closed.   
 
Board Member Dustin Davey made a motion to approve item V26-067; seconded by 
Board Member Andrea Worthy. 
 
The motion to approve carried with the following vote: 
 
Aye: 3 –  Chairperson Garland, Board Member Worthy, Board Member Davey 
Nay: 0 –  None 
Recuse: 0 –  None 
 
5. Approval of Minutes 
 
 A. MIN2026-127 Approval of the June 10, 2026 License and Variance Board Meeting Minutes