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 6 of 11 remove the shed and dog cage but retain the tree house. Since the accessory structure ordinance allows one accessory structure or use per lot, a variance is required to have the second and third structures. Since the tree house, pool, and cabana are all separate outdoor uses, staff are supportive of the request. An existing 5-foot wooden privacy fence surrounds the property, which will shield the pool and cabana from view. Due to the location of the pool in the rear yard, Community Development believes the proposal will not adversely impact adjacent properties. No other variances for setback reductions or impervious surface area increase are required. Strict application of the ordinance would deny the applicant any ability to have any detached structure on the property due to the existing tree house. At the time of this report, Community Development has not received any opposition to the variance request. The applicant is requesting to deviate from the development standards established by the City for the maximum number of accessory structures. 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 variance will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variance with the following condition: 1. Approval of the requested variance is conditioned upon substantial compliance with the site plan and elevations submitted with the variance application. Jacob King, applicant, stated that they will be removing the dog cage and the shed. 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. Board Member Andrea Worthy made a motion to approve item V25-031; seconded by Board Member Bo Jones. The motion to approve carried with the following vote: Aye: 3 – Chairperson Garland, Board Member Jones, Board Member Worthy Nay: 0 – None Recuse: 0 – None F. V25-032 Public Hearing - Variance Request - V25-032 - Allow encroachment into the City's 75-foot impervious surface setback - Land Lot 458 - 951 Reed Road - Sean Seymour Ward 6 Mayor Pro Tem / Councilmember - Tim Gould Caitlin Crowe, Planner I, provided the following background: The subject parcel is currently a 0.41-acre lot located near the northwest intersection of Reed Road and Woodland Pass (see Figure 1). In conjunction with the variance