License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes
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March 26, 2025 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 4 of 11 Due to the change in use on the property from office space to a restaurant, the renovation is considered a redevelopment, which triggers the Spring Road Corridor Design District standards (CDD-2). The applicants are proposing to eliminate the required sidewalk requirement per Section 717.131, which states that “any commercial project that does not have a sidewalk shall have one installed and paid for by the owner when the property is developed or redeveloped”. The front of the property along Spring Road already has a sidewalk, which does not currently continue down Woodruff Drive. The applicant has requested to waive this requirement, citing that no sidewalk exists today and that the site would not have the room to accommodate the code requirement. However, in looking at the property both on the site plan and on-site, staff believes there is room to install the required 5-foot sidewalk along Woodruff Drive. Additionally, Woodruff Drive now has a new connection to the new 144-lot Rowan Walk subdivision at the rear, which will include sidewalk along the length up to their property line. It is the City’s desire that as properties redevelop along Woodruff Drive, that sidewalk is extended to meet the existing sidewalk at Spring Road to create full walking access to the subdivision from the arterial road. Additionally, the use as a coffee shop will be drawing more walking traffic from the surrounding areas (including across the street as proposed in the shared parking agreement). Thus staff are not supportive of eliminating the sidewalk requirement when adjustments could be made to accommodate City code. Community Development believes there are no unique and special extraordinary circumstances applying to the property to justify the variance requested. Strict application of the ordinance does not deprive the subject property owner of reasonable use, as a sidewalk could be constructed. Community Development finds there to be no unique or extraordinary circumstances applying to the elimination of the sidewalk requirement and recommends denial of that request (V25-029). Chairperson Garland asked if any other requests like this have been made previously as it relates to code section 717.131. Mrs. Crowe said there is no precedent for this. Shahzad Pirani and Raheel Huda came forward and stated that they fully support responsible infrastructure. This will cause undue hardship. Current pedestrian patterns do not warrant this. 1) Significant financial burden. They are a small business. This requirement will stretch their budget beyond what was initially anticipated. 2) Lack of necessity. The surrounding areas currently lack sidewalks. Woodruff Drive has no sidewalks. This would be a stand-alone sidewalk that would just end abruptly. This would be a piecemeal approach. There is nowhere to connect, and 1000 ft. of separation from neighboring connection. They respectfully request the sidewalk stipulation be waived. Board Member Jones stated that from a cost perspective, the budget for the sidewalk could come from the savings from having to install the 1,500-gallon grease trap. The city does connectivity projects. SPLOST funds are used to connect sidewalks throughout the city. Mr. Pirani stated that he had requested that the city-owned land next to their property could be used for additional parking. Chairperson Garland explained that that issue is outside the purview of the License and Variance Board. That would need to be addressed through Community Development. Mr. Garland asked how the potential sidewalk connects to the parking across the street. The applicant stated that the potential sidewalk does not benefit nor make it more complex as it pertains to the parking across the street. He asked what the timeline is for making the sidewalks connect. Mr. Jones stated that the connectivity plan does not expressly state a timeline. Once the sidewalk is installed, it becomes part of the connectivity plan. Mr. Garland stated, however, that the city would act more quickly once the sidewalk is installed. A public hearing was called.