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 8 of 9 The motion to approve carried with the following vote: Aye: 3 – Chairperson Garland, Board Member Jones, Board Member Worthy Nay: 0 – None Recuse: 0 – None I. V25-026 Public Hearing - Variance Request - V25-026 - Reduce the side setback from 12 feet to 6.9 feet - Land Lot 627 - 3477 Shawnee Trail - Andrew Norman Ward 6 Mayor Pro Tem / Councilmember - Tim Gould Caitlin Crowe, Planner I, provided the following background: The subject parcel is a 0.50-acre lot located on the north side of Shawnee Trail at the intersection of Shawnee Trail and Cedar Ridge Drive. The subject parcel and all adjoining parcels are zoned R-20, with the exception of the adjacent parcel to the north, which is zoned R-15; all are occupied by single-family detached homes. The applicant is requesting to replace the existing 133 square foot two-story open deck with a new 160 square foot two-story covered deck and 54 square foot grilling area. The existing home was originally built in 1981 with the existing rear deck encroaching into the side setback by 3.1 feet without the proper variance. With the existing deck 8.9 feet away from the side property line, the applicant is requesting to further encroach into the setback by 2 feet, making the new side setback 6.9 feet. Since the deck is expanding and encroaching further into the side setback, regardless of the previous nonconformity, the property is required to be brought to current code per Section 1102. However, since the deck was previously nonconforming, the hardship is not self-created. No other variances are required, as all other setbacks are met, and the property will be well under the maximum impervious surface area of 35%. Due to the existing deck location and the positioning of the home, the most logical area to construct the new deck is within the setback. Community Development believes the requested variance is the minimum variance needed to replace the existing deck on the property. Strict application of the ordinance would deny the applicant any ability to modify the existing deck since the existing deck is already over the rear setback line. At the time of this report, Community Development has received one email with concerns on the request. The applicant is requesting to deviate from the development standards established by Section 801, which requires a side setback of 12 feet in lots zoned R-20. 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 setback 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.