License and Variance Meeting - Council Chambers — Minutes
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April 08, 2026 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 8 of 15 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%. Although the house is currently encroaching into the western side setback, 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 12-foot extension for the room addition, the property is no longer legally nonconforming. However, since the home was built prior to the current Zoning Ordinance of 1974 and is already nonconforming, the hardship is not self-created. Due to the existing position of the home, the most logical area to construct the new addition is within the setback. Community Development believes the requested variance is the minimum variance needed to extend the line of the existing home on the property. Strict application of the ordinance would deny the applicant any ability to modify the existing home since the home is already over the side setback line. At the time of this report, Community Development has not received any calls or emails in opposition to the request. The applicant is requesting to deviate from the development standards established by Section 801, which requires a side setback of 10 feet in lots zoned R-15. 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. Chairperson Jones asked if there had been any advancement of building since the stop work order and wanted to confirm that construction is not extending any closer to the property line than the homes already exists. Ms. Crowe stated that she has not been to the site since the notification was posted and that it is correct that it is not extending any closer than the home already exists to the property line. Cameron Brown – applicant – apologized for the oversight for not seeking a permit. He clarified that the addition is complete and did not realize he was in this situation until the project had been completed. The photos he provided were mid-construction. He 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. The public hearing was closed. Board Member Andrea Worthy made a motion to approve item V26-030; seconded by Board Member Richard Garland. The motion to table carried with the following vote: Aye: 3 – Chairperson Jones, Vice Chair Garland, Board Member Worthy