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 14 of 18 The subject property is 14,172 square feet, while the R-15 zoning district requires a minimum lot size of 15,000 square feet. Since the subject property is an existing lot of record, originally created prior to 1977, the hardship is not self-created. If it were not for the nonconforming lot, no other variances would be required to build the new home. In fact, the existing home has a nonconforming southern side setback and driveway setback. With the new home construction, the home will be centered in the lot and bring the property into compliance with all setback requirements. Additionally, the existing one-story home is 1,360 square feet, which is below the minimum house size of the R-15 zoning district of 2,000 square feet. With the new construction, the home will be 3,486 square feet and also be brought into compliance with the R-15 zoning district floor area requirement. The subject property is unique in that it has less square footage than what the R-15 zoning district requires. The hardship is not self-created as the property is an existing lot of record. The variance requested is the minimum variance needed to build a new single- family home on the subject property. Community Development does not believe building a new single-family home on the subject property in accordance with the R-15 zoning requirements will negatively impact the surrounding properties as there is an existing home on the subject property. At the time of this report, Community Development has received one call concerning the size of the home. The applicant is requesting to deviate from the City’s minimum lot area requirement established for the R-15 zoning district. 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. Community Development believes that the requested variance will not adversely affect surrounding properties. Therefore, staff recommend 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 and elevations submitted with the variance application. 2. An as-built survey shall be submitted prior to foundation pour due to the proximity to the setbacks. 3. Any damaged or broken curb caused during construction shall be replaced prior to issuance of the Certificate of Occupancy. Chairperson Garland asked for an explanation of the lot below minimum requirements and why this variance is necessary. Ms. Crowe stated this ordinance is from 2007 and very specific. New construction on lot of record below minimum requirements requires a variance. Setbacks for distance from road frontage, dividing a lot, etc. can be impacted. In this particular case, it is because the lot size is 900 feet below 15,000 sq. ft. Board Member Worthy asked if the comments from are only about the size of house. Ms. Crowe confirmed that the size of the house has been the only comment received about this property. Ryan Jacobs, applicant/builder, stated he understands and agrees to the three stipulations read into record.