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 3 of 5 B. V26-009 Public Hearing - Variance Request - V26-009 - Reduce the accessory structure rear setback from 5 feet to 1 foot - Land Lot 701 - 3373 Campbell Road – Reaves Newsom Ward 1 Councilmember - Glenn Pickens Joey Staubes, Planner II, provided the following background: The subject parcel is a 0.32-acre lot on the southern side of Campbell Road. The subject parcel and all adjoining parcels are zoned R-15 and are all occupied by single-family detached residences. The property is currently occupied by a one-story single-family home and a 78 square foot shed in the far rear of the property. A pool permit application was submitted in October 2025 (POOL25-19) to construct a new 300 square foot in-ground swimming pool with an accompanying 540 square foot deck directly behind the existing house. During plan review, it was discovered that the existing shed shown on the site plan was erected on the property sometime in 2022 per aerial images and built within the 5-foot rear accessory structure setback without the required variance. Note that accessory structures under 200 square feet are not required to obtain a building permit but are not excluded from Zoning Code requirements. The applicant is proposing to retain the shed in its current position at the rear of the property within the accessory structure rear setback. Due to the grade change between the right-of-way and the home, the shed is out of view of the right-of-way. The structure is more than 60 feet from any adjacent property structures, so no fire suppression system is required. However, since the structure is within 5 feet of the property line, fire retardant requirements are warranted. Due to the shed, the swimming pool is considered the second accessory structure. Since the accessory structure ordinance allows one accessory structure or use per lot, a variance is required to have the second structure. The applicant is proposing to retain the shed; since the swimming pool and shed offer different uses for the property, the variance is not self-created. Strict application of the ordinance would deny the applicant any ability to have any detached structure or use on the property due to the existing shed. Additionally, a similar setback reduction was approved nearby at 3195 Howell Drive in 2025 (V25-094) so there is a precedence for this type of variance in the immediate area. At the time of this report, Community Development has not received any opposition to the variance request. The applicant is requesting to deviate from the development standards established by the City for the rear accessory structure setback and maximum number of accessory structures. 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 variances will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variances with the following conditions: 1. Approval of the requested variances is conditioned upon substantial compliance with the site plan submitted with the variance application.