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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 7 of 8 
 
on the front of the home to replace the existing 24-square-foot stoop. (Note that a building 
permit (RBP-26-16) was issued on the subject property for the interior work in February 
2026.) When completed, the home will be 1,890 square feet with 4 bedrooms and 3 
bathrooms, bringing the home closer into compliance with the R-15 minimum floor area 
requirement of 2,000 square feet. 
  
The existing home currently has an uncovered 24 square foot concrete front porch. As 
part of the overall renovation, the applicant is proposing to replace the existing porch with 
a 160 square foot covered front porch to enjoy the front yard as well as enter the home in 
inclement weather more easily. The existing home is roughly 4 feet from the front setback 
line, leaving little room for a roof on the existing front porch, much less any other frontward 
expansion. The applicant has proposed the new porch will be 32.3 feet from the front 
property line and will thus encroach on the front setback by 2.7 feet. 
  
Per Section 1207, architectural projections such as stairs may extend into the side yard up 
to 3 feet. However, once the stairs are enclosed, the stairs become part of the main house 
structure and must meet building setback requirements. Once enclosed, the stairs will 
encroach into the setback by 3.3 feet. Due to the existing stair location and existing 
access to the basement, staff are supportive of the request. 
  
Since the existing home was constructed in 1953, prior to the adoption of the current 
Zoning Ordinance in 1974, Community Development believes the variances requested are 
the minimum variance needed to construct a usable front porch and enclose the existing 
stairs. Community Development does not foresee any negative impacts to adjacent 
properties should the variances be approved. Similar front setback variance requests 
have been approved in 1982 at 1028 Oakview Drive, in 2005 at 961 Oakview Drive (V05-
014), and most recently in 2024 at 986 Oakview Drive and 1031 Oakview Drive (V24-018 
and V24-066, respectively). At the time of this report, Community Development has not 
received any calls in opposition to the request. 
  
The applicant is requesting to vary from the R-15 front and side setbacks requirements for 
the construction of an addition at 989 Oakview Drive. 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 encroachments will not adversely affect 
surrounding residents; therefore, staff recommends approval of the requested variances 
with the following condition: 
  
1. Approval of the requested variances shall be conditioned upon substantial 
compliance with the site plan and elevations submitted with the variance 
application. 
 
Miguelle Milo, applicant, understands and agrees to the standard condition read into 
record.  
  
A public hearing was called for items V26-040 and V26-041, and no one came forward in 
favor of or in opposition to these items. The public hearing was closed.  
 
Board Member Andrea Worthy made a motion to approve item V26-040; seconded by 
Board Member Dustin Davey.