License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes
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March 12, 2025 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 7 of 9 The existing house is on a corner lot that faces Nichols Street but has road frontage on both Medlin Street and Nichols Street, not to mention the private drive on the rear. As part of the renovations, the garage will be extended 3.7 feet closer to Medlin Street to provide room for the standard two-car garage while maintaining the existing line of the home (note that the existing home already encroaches into the streetside setback by 0.7 feet). Since the existing home is currently encroaching into the streetside setback, any expansion on the rear of the home would require a variance. Since the existing home is currently non- conforming, the hardship is not selfcreated. Additionally, the new addition will also be encroaching into the private 20-foot sanitary sewer easement at the rear of the property by 1.3 feet; this has been approved to remain by the Public Works Department and the Medlin Place at Smyrna Heights HOA during plan review. Due to the existing driveway location, the most logical area to construct the addition is within the streetside setback to decrease disturbance to the subject property and surrounding neighbors. Strict application of the ordinance would deny the applicant the ability to add any square footage to the northern or western side of the home without moving the foundation of the existing home. The variance proposed is the minimum variance needed to increase the home’s footprint in the rear. Community Development does not foresee any negative impacts to adjacent properties should the variance be approved. At the time of this report, Community Development has not received any calls in opposition to the request. The applicant is requesting to reduce the streetside setback to renovate the existing property at 3050 Nichols Street. 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 requested variance shall be conditioned upon substantial compliance with the site plan and elevations submitted with the variance application. 2. The bonus suite shall not be rented or occupied for gain, except as permitted in Article IX of Chapter 22 as it pertains to the operation of short-term rental units. 3. These conditions shall run in perpetuity with the property and as such are also applicable to any future owner Mark McAfee – applicant – was asked by Board Member Jones what his plan is if repairs had to be made to the private, HOA sewer lines since he is building up to the sewer easement. Mr. McAfee stated that he had already consulted with a contractor about this issue and was told it would not be a concern if repairs needed to be made. Mr. McAfee stated he 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. Board Member Bo Jones made a motion to approve item V25-025; seconded by Board Member Andrea Worthy.