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 6 of 15 The applicant received approval from the License and Variance Board in May 2024 for several variances: allow new construction on a lot of record below minimum requirements, reduce the side setback from 10 feet to 5.6 feet, reduce the streetside setback from 23.3 feet to 10.1 feet, reduce the front setback from 35 feet to 12 feet, reduce the minimum floor area from 2,000 square feet to 1,480 square feet, and increase the maximum impervious surface area from 35% to 41.3% (Variance Cases V23-086 through 091). The applicant then received variance approval to further encroach into the streetside setback by an additional 6.1 feet (Variance Case V25-019). The subject parcel is a 0.07-acre triangular lot located to the north side of the intersection of Argo Drive and Bates Street. The subject parcel and the adjacent parcel to the north are zoned R-15 whereas the adjacent parcels to the east, south, and west are zoned R12. All properties are currently occupied by detached single-family homes with the exception of the subject property, which is a vacant lot. The subject parcel was created in 1989 via deed of sale in Cobb County, then shown on a recorded boundary plat for a neighboring property in 1999. The applicant is proposing a 2,219-square-foot two-story home with three bedrooms and 2 ½ bathrooms. The home’s architecture will be modern with the driveway access off Bates Street. The home will have a standard 22-foot driveway to alleviate any encroachments to the sidewalk with a covered parking area encroaching into the streetside setback. As mentioned in the previous variance amendment, by adding the carport, the applicant eliminated the need for the minimum house size variance as previously approved (Variance Case V23-090), as the R-15 zoning district requires a minimum house size of 2,000 square feet, which will now be met. The City Engineer previously reviewed the carport location and did not foresee any sight-distance issues. As in the previous variance applications, the applicant is proposing a dry well near the rear of the property behind the proposed elevated deck in order to offset the increase to the impervious surface area. The City Engineer reviewed the application and is supportive of the proposed mitigation method. The subject property is unique in that it has less than 30% land area than what the R-15 zoning district requires; the hardship is not self-created as the property is an existing lot of record. At the time of this report, Community Development has not received any calls in opposition to the request. The applicant is requesting to renew the variance approvals per Section 1405 after one calendar year of inactivity. 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. Community Development has reviewed the request and believes that the variances will not adversely affect surrounding residents. Therefore, staff recommends approval of the requested variances with the following conditions, which are, in part, carried over from the previous variance approvals: 1. Approval of the requested variances shall be conditioned upon substantial compliance with the site plan and elevations submitted with the variance application, dated January 15, 2025. 2. The existing driveway entrance along Argo Drive shall be removed and replaced with rollback curb and gutter and permanently stabilized prior to issuance of the