License and Variance Board Meeting — Minutes
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March 11, 2026 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 3 of 7 existing parking on the property is currently encroaching further into the landscape buffer than what is currently proposed, so the hardship is not self-created. Since the subject property is located at the intersection of two main roadways (Hargrove Road and Cobb Parkway), the available buildable area is limited. In order to accommodate the Spring Road overlay requirements as well as building setbacks, the only remaining location for the dumpster location was within the front setback of Cobb Parkway, as close to the intersection as possible. Since dumpster enclosures are considered accessory structures when not connected to the building, its location in the front setback requires a variance. Additionally, Section 717.81 prevents dumpsters from being visible from the right-of-way. As there is no other logical location outside of the building setbacks without compromising the vehicle and fire access to the site, staff feel that this is the minimum variance needed. Additionally, the dumpster enclosure is positioned over existing parking, which would preserve the existing green space going towards the intersection. The subject property is unique in that it has a triangular shape with road frontage on two main roadways, which necessities several variances to accommodate a usable building. The hardship is not self-created as the property is an existing lot of record. At the time of this report, Community Development has not received any calls in opposition to this request. The applicant is requesting to deviate from the City’s accessory structure setbacks and Spring Road Corridor overlay district requirements. 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. Community Development believes that the requested variances will not adversely affect surrounding properties. Therefore, Community Development 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. Chairperson Jones asked if the solid waste carrier company felt the space was suitable for access. Ms. Crowe stated that the solid waste carrier is Waste Management, and they have stated that the general location is acceptable, but they would like it to be shifted to face more toward Hargrove, per a conversation had with them on March 10, 2026. Therefore, there may be a slight shift to the dumpster, but it should not impact the variances. Johanna Patrick, applicant, understands and agrees to the stipulation read into record. She asked about the slight tweak to the dumpster location to which Ms. Crowe stated that it will not impact the variances. A public hearing was called, and no one came forward in favor of or in opposition to this item.