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 11 of 18 Aye: 3 – Chairperson Garland, Board Member Worthy, Board Member Davey Nay: 0 – None Recuse: 0 – None N. V26-063 Public Hearing - Variance Request - V26-063 - Reduce the eastern side setback from 10 feet to 4 feet - Land Lot 385 - 681 Reed Road - Amy Trim Ward 4 Councilmember - Charles 'Corkey' Welch Caitlin Crowe, Land Development Services Coordinator, provided the following background: The subject parcel is a 0.46-acre lot located on the north side of Reed Road in the King Springs Park subdivision. The subject parcel and all adjoining parcels are zoned R-15 and are all occupied by single-family detached homes. The applicant is proposing a roughly 1,000 square foot addition on the rear of the house to expand the master suite and laundry room to make the spaces more accessible for the homeowner’s aging parents. The existing home, built in 1964, currently encroaches into the eastern side setback by 6 feet. The new addition is in line with the existing rear of the home, which will continue the encroachment. However, since the home is currently 4 feet from the western side property line, the hardship is not self-created. No other variances are required, as all other setbacks are met, and the property will be under the maximum impervious surface area of 35%. Additionally, the existing home and the adjacent house to the east are roughly 18 feet apart, so no fire suppression system is required. Although the house is currently encroaching into the eastern side setback, 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 18-foot extension for the room additions, the property is no longer legally nonconforming. However, since the home was built prior to the current Zoning Ordinance of 1974 and is already nonconforming, the hardship is not self-created. Due to the existing position of the home, the most logical area to construct the new addition is within the setback. Community Development believes the requested variance is the minimum variance needed to extend the line of the existing home on the property. Strict application of the ordinance would deny the applicant any ability to modify the existing home since the home is already over the side setback line. At the time of this report, Community Development has not received any calls or emails in opposition to the request. The applicant is requesting to deviate from the development standards established by Section 801, which requires a side setback of 10 feet in lots zoned R-15. 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 setback encroachment will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variance with the following conditions: