License and Variance Board Meeting — Minutes
Open official source ↗ · Source page 6
March 11, 2026 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 6 of 7 The applicant is proposing to extend the existing deck an additional 6 feet and add a 720 square foot roof off the back of the house to enjoy the outdoors even in inclement weather. Since the property is a corner lot, the buildable area is limited; due to the existing deck location, the most logical area to construct the roof is within the rear setback. After the roof expansion, the impervious surface area will be above the allowable 45% by 1.8% (or 118.9 square feet). During the new home construction in 2018, the developer had installed two bioretention ponds in the front of the property, which serves to offset the additional increase in impervious surface area. Due to the existing water quality treatment for the site and the limited additional square footage being added in excess of 45%, the Engineering Department has determined that no additional remediation is required in order to support the variances. Community Development believes the variance is the minimum variance needed to construct any usable outdoor space due to the existing deck already over the rear setback. At the time of this report, Community Development has not received any calls in opposition to the request. The applicant is requesting to deviate from the development standards established by Zoning Case Z17-010, which requires a rear setback of 30 feet. 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 encroachment will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variance with the following condition: 1. Approval of the variance is conditioned upon substantial compliance with the site plan submitted with the variance application. Clara Hodges, Plan Reviewer, stated that the existing impervious surfaces (roof and driveway) are treated for water quality that leads to the rain gardens. The overland flow to the rain gardens allow for some infiltration to occur, meaning the water will be cleared of major sediment and pollutants by the time it reaches the rain gardens. Given that it is just over 100 sq. ft. of the allowable percentage over for impervious surface, engineering does not think additional mitigation is necessary. Jordan Sturgis, applicant, 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 Richard Garland made a motion to approve item V26-020; seconded by Board Member Andrea Worthy. The motion to approve carried with the following vote: Aye: 3 – Chairperson Jones, Vice Chair Garland, Board Member Worthy Nay: 0 – None