License and Variance Meeting - Council Chambers — Minutes
Open official source ↗ · Source page 2
August 12, 2026 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 2 of 3 The existing home, originally constructed in 1969, currently encroaches into the southern side setback by 3 feet. To minimize the requested variance, the proposed primary bedroom addition will step in approximately 1.5 feet from the existing southern wall of the home, resulting in a reduced encroachment of 1.5 feet into the southern side setback. No other variances are required, as all other setbacks are met, and the property will be under the maximum impervious surface area of 35%. Although the house is currently encroaching into the southern 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 8-foot extension for the room additions, the property is no longer considered 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 on the property and the interior layout, the most logical area to construct the new addition is within the setback to keep the addition in line with the home as much as possible. 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. Note that at the time of this report, Community Development received one call and email with concerns regarding the request due to stormwater runoff. After reviewing the proposed site plan, the Engineering Department determined that there should be no negative impacts to neighboring properties should this request be approved. The applicant is requesting to deviate from the development standards established by Section 801, which requires a side setback of 12 feet in lots zoned R-20. 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: 1. Approval of the variance is conditioned upon substantial compliance with the site plan and elevations submitted with the variance application. Mitch Carroll, applicant, stated he understands the standard stipulation read into record. A public hearing was called. Michael Whatley, owner of property at 3940 Cloudland Drive, stated that his concerns are the additional impervious area being proposed. On April 6, 2020, his tenant complained that water was bubbling up at the front door. He contacted a plumber who recommended he contact the city. The city sent staff to test the water. It was concluded there is an underground spring. Because of the history of runoff problems at his property, he worries that the additional 882 sq. ft. of impervious area being added will cause further issues.