License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes
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October 22, 2025 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 5 of 6 Caitlin Crowe, Land Development Services Coordinator, provided the following background: The subject parcel is a 0.36-acre lot located on the southeastern intersection of Howell Drive and Nancy Circle. The subject parcel and all adjacent parcels are zoned R-15 and are all occupied by detached single-family residences. A building permit application was submitted in February 2025 (RBP-25-32) to add a cover over the existing deck. During plan review, it was discovered that the accessory structure shown on their site plan was erected on the property sometime in 2022 per aerial images without the required permit. A stipulation was added to the permit that a second building permit would be required for the accessory structure prior to issuance of the Certificate of Completion; a building permit application was subsequently submitted in June 2025 (RBP- 25-263). In review of the accessory structure plans, it was found that the structure was within the side setback by 2.2 feet and thus a variance was required. The existing home sits catty-corner on the corner property, pushed to the rear of the property with a large front yard. The existing home, originally built in 1959, is currently encroaching into the rear setback by 19 feet and is considered legal nonconforming. The applicant is proposing to retain the 288 square foot accessory structure in its current position at the rear of the property within the side setback. Due to the placement of the house on the lot, there is a small section of the lot that is behind the house and out of view of the right-of-way. Thus, placing the accessory structure directly behind the home is the most logical area. A 6-foot wooden privacy fence shields the structure from the adjacent property to the south. Note that a portable shed is adjacent to the structure on the same concrete pad and is 1.6 feet away from the side property line. The Chief Building Official has reviewed the application and has determined that, since the structure is movable, it may remain in the location without fire retardation requirements. However, if the shed is ever replaced or moved, it must be outside of the setbacks and cannot be replaced in the same location. Community Development believes the variance proposed should have no negative impact on adjacent properties. 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 R-15 zoning district, which requires a minimum side setback of 10 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 encroachment will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variance with the following conditions: 1. Approval of the requested variance shall be conditioned upon substantial compliance with the site plan submitted with the variance application. 2. If the portable shed is ever replaced or moved, it must meet all setback requirements