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 5 of 9 neighborhood has a maximum lot coverage of 45%. A recent assessment from the City Engineer shows that an average lot in this neighborhood has an impervious coverage of approximately 50-55%, which were primarily done without the proper variances. However, a review of the neighborhood’s hydrology study confirms that the stormwater management system was designed with additional capacity and is capable of effectively managing the additional runoff. Thus, the Engineering Department has determined that no remediation is required in order to support the variances. The applicant is looking to expand the deck as much as possible due to the significant slope in the rear yard that creates a challenging area to navigate; in fact, a 5-foot retaining wall separates the two levels of the rear yard due to the slope. This substantially decreases the usable area of the rear yard. Due to the existing deck location, the most logical area to expand the new deck is within the setback. Additionally, the new deck stairs will also be built over the private 12-inch PVC drainage pipe at the rear of the property; this has been approved to remain by the Engineering Department and the Sherwood Park HOA during plan review. Community Development believes the requested variances are the minimum variances needed to maximize outdoor space on the property and the applicant has made strides to reduce the scope of the impervious coverage on the property. Strict application of the ordinance would deny the applicant any ability to modify any portion of the home since the existing impervious area is already over the allowable maximum impervious coverage. 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 City for the RDA zoning district, which requires a maximum impervious area of 45% and 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 variances will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variances with the following conditions: 1. Approval of the requested variances is conditioned upon substantial compliance with the site plan submitted with the variance application. Adam Hoffman – applicant – stated he understands and agrees to the standard 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 Bo Jones made a motion to approve item V25-020; seconded by Board Member Andrea Worthy. The motion to approve carried with the following vote: Aye: 3 – Chairperson Garland, Board Member Jones, Board Member Worthy Nay: 0 – None