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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 12 of 15 
 
Board Member Richard Garland made a motion to approve item V26-033; seconded by 
Board Member Andrea Worthy. 
 
The motion to approve carried with the following vote: 
 
Aye: 3 –  Chairperson Jones, Vice Chair Garland, Board Member Worthy 
Nay: 0 –  None 
Recuse: 0 –  None 
 
 J. V26-035 Public Hearing - Variance Request - V26-035 - Allow additional accessory structures - 
Land Lot 521 - 1216 Bank Street - Nathan Sweats 
Ward 3 Councilmember - Travis Lindley 
 
Caitlin Crowe, Land Development Services Coordinator, provided the following 
background for V26-035, V26-036, and V26-037: 
  
The applicant is requesting three variances for the construction of a new in-ground 
swimming pool at 1216 Bank Street: allow additional accessory structures, allow 
encroachment into the City’s 50-foot undisturbed stream buffer and City’s 75-foot 
impervious surface setback, and increase the maximum impervious surface area. The 
City’s stream buffers are controlled by Chapter 46, Article VI, the maximum impervious 
surface area in the R-15 zoning district is controlled by Section 801, and Section 501 
controls the maximum number of accessory structures. 
  
The subject parcel is a 0.50-acre lot located on the south side of Bank Street. The subject 
parcel and all adjoining parcels to the south, east, and west are zoned R-15; the adjacent 
parcels to the north are zoned CBD (Central Business District). The adjacent parcels to 
the north, west, and one to the south are occupied by single-family detached residences 
whereas the parcels to the east and south are occupied by the Smyrna City Hall parking 
lot and access road. A stream runs through the far rear of the property with an assumed 
20-foot sanitary sewer easement through the middle of the rear yard and an assumed 15-
foot drainage easement on the eastern side of the property. 
  
The subject property is currently occupied by a 2,935 square foot one-story single-family 
home with a finished daylight basement and a 396 square foot detached structure, both 
built in 1947. The applicant is proposing to build a 905 square foot in-ground swimming 
pool with 1,319 square feet of decking in the rear yard. A 216 square foot sunken patio 
area will be installed adjacent to the pool with a shade structure erected above it. 
  
The accessory structure ordinance allows one accessory structure or use per lot and 
since the detached shed is already on the property, a variance is required for the in-
ground swimming pool and shade structure. Since the swimming pool, shed, and shade 
structure offer different outdoor uses, Community Development is supportive of the 
request. 
  
Due to the stream at the rear, a large portion of the rear yard is encumbered by the 
State’s 25- foot undisturbed stream buffer, City’s 50-foot undisturbed stream buffer and 
the City’s 75-foot impervious surface setback. The applicant has designed the pool to stay 
out of the State’s 25- foot stream buffer but encroaches into the City’s 50-foot undisturbed 
buffer by 28 square feet and encroaches into the 75-foot impervious surface area setback 
by 966 square feet. Additionally, after the construction of the swimming pool and decking, 
the impervious surface area will be above the allowable 35% by 5.1% (or 1,084 square 
feet).