License and Variance Board Meeting — Minutes
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February 11, 2026 10:00 AM City of Smyrna License and Variance Board Meeting 2800 King Street SE Council Chambers Page 2 of 5 The property predates the Spring Road Overlay District (CDD-2), as the Corridor Design Districts were established in 1998. Thus, rather than a rear setback reduction from 30 feet to 10 feet, the request is from 50 feet as per the Spring Road Overlay requirements. However, since the property predates the overlay district, the hardship is not self-created. Additionally, when the property was originally built, the developer encroached into the approved 10-foot rear setback by an additional 0.3 feet without the approved variance amendment. In order to bring the whole property up to current code, the 0.3 feet has been included in the overall reduction. Since this condition has existed on the property since 1983, staff are supportive of the additional request. Community Development believes the variance requested is the minimum variance needed to square off the existing building. Community Development does not foresee any negative impacts to adjacent properties should the variance be approved since the structure has existed on the subject property since 1983. At the time of this report, Community Development has not received any calls in opposition to these requests. The applicant is requesting to deviate from the City’s required rear setback. 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 believes that the requested variance will not adversely affect surrounding properties. Therefore, Community Development 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 and elevations submitted with the variance application. 2. The applicant shall permanently remove the existing driveway curb cut that is obstructed by the proposed addition by extending the raised curb median, as shown on the site plan. The applicant shall demolish the existing curb and install new curb to create a drive aisle at least 12 feet in width to provide access to the dumpster and allow for proper drainage. Peter Bright, applicant with Capital City Properties, stated that he understands and agrees to the two conditions read into record. A public hearing was called, and no one came forward in favor of or in opposition to this item. Vice-Chair Richard Garland made a motion to approve item V26-008; 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