License and Variance Board Meeting - Council Chambers — Minutes
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April 22, 2026 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 5 of 8 The motion to approve carried with the following vote: Aye: 3 – Chairperson Jones, Board Member Worthy, Board Member Davey Nay: 0 – None Recuse: 0 – None D. V26-038 Public Hearing - Variance Request - V26-038 – Allow second accessory structure - Land Lot 525 – 3389 Dunn Street – Carolyn Johnson Ward 6 Mayor Pro Tem / Councilmember - Tim Gould Caitlin Crowe, Land Disturbance Services Coordinator, provided the following background for V26-037 and V26-039: The subject parcel is a 0.42-acre lot on the eastern side of Dunn Street. The subject parcel and all adjoining parcels are zoned R-15 and are all occupied by single-family detached residences. A stream runs to the northeast of the property with an assumed 20- foot sanitary sewer easement through the far rear yard. The property is currently occupied by a one-story 1,553 square foot single-family home and a 600 square foot shed accessory structure in the rear of the property. The applicant is proposing to erect a 120 square foot pergola over an existing patio in the rear of the home to provide shade while enjoying the outdoors. Since the accessory structure ordinance allows one accessory structure or use per lot, a variance is required to build the second structure; since the pergola and storage shed offer different uses for the property, the variance is not self-created. The existing home was built in 1955, prior to the adoption of the current Zoning Ordinance in 1974 and currently encroaches into the side setback by 4 feet. A decorative wall and patio extend from the rear of the home in alignment with the existing structure. Patios that are flush to the ground are not required to meet building setbacks. However, once the pergola is added over the patio, the structure will encroach into the rear setback by 4 feet. Due to the creek at the rear of the property, the yard slopes gradually down towards the rear, limiting usable flat space. Given the existing patio location and site conditions, the most logical area to construct the pergola is within the setback. Due to the location of the pergola in the rear yard, Community Development believes the proposal will not adversely impact adjacent properties. Strict application of the ordinance would deny the applicant any ability to have a pergola on the property due to the existing storage shed. 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 R-15 side setback and 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 variances will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variances with the following condition: