License and Variance Board - A. Max Bacon City Hall - Council Chambers — Minutes
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January 14, 2026 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 13 of 15 During plan review, it was discovered that the existing property is currently over the maximum impervious surface area of 45% by 11.9%. Since the Stormwater Ordinance does not differentiate between replaced and new impervious area, a variance is required for the existing nonconforming impervious area. Additionally, 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 addition of the roof, the property no longer becomes legally nonconforming. However, since the existing single-family home was already non- conforming, the hardship is not self-created. Since the increase in impervious surface area occurred at least prior to 2013 and there is no addition of land disturbing activities or stormwater runoff, the Engineering Department has determined that no remediation is required in order to support the variance. Community Development believes the variances are the minimum variances needed to construct any usable outdoor space due to the existing patio 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 the Concord Lake Village subdivision plat, which requires a rear setback of 5 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 conditions: 1. Approval of the variance is conditioned upon substantial compliance with the site plan submitted with the variance application. 2. Gutters and downspouts shall be installed to divert stormwater away from adjacent properties. 3. Any portion of the western wall that encroaches closer than 5 feet to the rear property line must have a 1-hour rated wall or painted with fire-retardant paint, or as deemed necessary by the Chief Building Official. Chairperson Garland asked about the existing patio. Mrs. Crowe stated that the patio is flush to the ground, so setback requirements are not required. Mr. Garland asked how the impervious surface is increasing. Mrs. Crowe stated that this is considered a replacement, so it must meet conformity requirements. There is no mitigation required, Board Member Mohrmann asked for clarification if it is ten feet for exposure. Mrs. Crowe confirmed that. Christopher Hembree – applicant, contractor – understands and agrees to the three stipulations read into record. A public hearing was called, and no one came forward in favor of or in opposition to this item.