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License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes

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January 22, 2025 
10:00 AM 
 
City of Smyrna 
License and Variance Board Meeting 
2800 King Street SE 
Council Chambers 
 
Page 10 of 11 
 
  
Since the Stormwater Ordinance does not differentiate between replaced and new 
impervious area, a variance is required for the nonconforming impervious area. 
Additionally, per Section 1102, “no nonconforming building, structure or use shall be 
extended, nor shall its total value be enhanced, unless such extensions or alterations 
conform with the provisions of this ordinance.” With the full deck replacement, the property 
is required to be brought to current code, including the allowable impervious surface area 
coverage. 
  
Strict application of the ordinance would deny the applicant any ability to modify any 
portion of the home since the existing impervious area is already over the allowable 
maximum impervious coverage. A similar impervious surface increase variance was 
approved in 2023 at 2294 Goodwood Boulevard (V23-074) so there is a precedence of 
this type of variance in the area. 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 RTD zoning district, which requires a maximum impervious area of 30% and 
rear setback of 30 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 variances will not adversely affect surrounding residents; therefore, staff 
recommends approval of the requested variances with the following conditions:  
 
1. Approval of the requested variance is conditioned upon substantial compliance 
with the site plan submitted with the variance application. 
2. The portion of the deck on the southern side of the home shall either be built of 
fire-retardant lumber or painted with fire-retardant paint, or as deemed necessary 
by the Chief Building Official. 
 
Board Member Randall asked if the fire-retardant paint is required for the entire structure 
or just for the portion at the privacy wall. Mrs. Crowe stated she is unsure but believes it is 
for any portion of the deck along the privacy wall.  
  
Fernando Melo, contractor for the applicant, Kara Stringer, came forward and stated they 
are adding about 4-5 sq. ft. He stated he is aware of and agrees to the two stipulations 
read into record.  
  
A public hearing was called, and no one came forward in favor of or in opposition to this 
item. 
 
Board Member Eric Randall made a motion to approve item V25-010; seconded by Board 
Member Andrea Worthy. 
 
The motion to approve carried with the following vote: 
 
Aye: 3 –  Chairperson Garland, Board Member Worthy, Board Member Randall 
Nay: 0 –  None 
Recuse: 0 –  None