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 6 of 15 structure’s square footage. However, the minimum house size of R-15 is 2,000 square feet. This means that if the house was the size required per R-15 standards, a variance would not be required since the structure could be up to 500 square feet without a variance. Therefore, the hardship is not self-created. The 120 square foot shed on the property is currently located on the southeastern corner of the property, within both the rear accessory structure setback and the streetside setback along Oakdale Road. The shed was placed on the property in 2024 without variances; a permit was not required since it is under 200 square feet. In conjunction with the detached garage construction, the applicants have proposed moving their existing shed further from Oakdale Road and closer to the detached garage in order to remove the setbacks encroachments. Thus, both setback encroachments relating to the shed have been withdrawn. The accessory structure ordinance allows one accessory structure or use per lot and since the shed is already on the property, a variance is required for the detached garage. The shed will be retained to house the applicants’ lawn mower and various equipment while the garage will be solely used for vehicle parking. Since the shed and detached garage offer different uses for the property, the hardship is not self-created. The orientation of the existing house and septic tank location prevents the applicant from building covered parking within the building setbacks. Strict application of the ordinance would deny the applicant the ability to add any building square footage to the subject property without removing the septic tank or foundation of the home. The variances proposed are the minimum variances needed to construct covered parking on the property. Community Development does not foresee any negative impacts to adjacent properties should the variances be approved. At the time of this report, Community Development has not received any calls in opposition to the requests. The applicant is requesting to deviate from the development standards established by the City for the R-15 zoning district which requires a minimum side setback of 10 feet and a 5- foot driveway setback and Section 501, which allows one accessory structure per lot and accessory structures no bigger than 25% of the primary dwelling. 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 conditions: 1. Approval of the requested variance shall be conditioned upon substantial compliance with the site plan and elevations submitted with the variance application. 2. The shed shall be moved out of the rear accessory structure setback and streetside setback prior to the issuance of the Certificate of Completion for the detached garage. 3. No windows are permitted on the western wall of the detached garage. The structure shall be constructed of metal; wood construction is prohibited unless the wood is properly fire-rated. 4. A driveway apron to Cobb County specs shall be installed at the current driveway entrance along Oakdale Court; the former driveway concrete apron along Oakdale Court must be replaced with high back curb and gutter.