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 2 of 11 to the impervious surface area if the rear patio were to be erected at a later date as per their submitted site plan. Since the Stormwater Ordinance does not differentiate between replaced and new impervious area, a variance is required for the existing 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 addition of the roof, the property no longer becomes legally nonconforming. However, since the existing single-family home was already non-conforming, the hardship is not self-created. Since the increase in impervious surface area occurred at least prior to 2003 and there is no addition of land disturbing activities or stormwater runoff, the Engineering Department has determined that no remediation is required in order to support the variance. Community Development believes the variance is the minimum variance needed to expand the existing front porch on the property. Strict application of the ordinance would deny the applicant any ability to modify any portion of the property since the existing impervious area is already over the allowable maximum impervious coverage. 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-20 zoning district, which requires a maximum impervious area of 35%. 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 impervious surface increase will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variance with the following stipulation: 1. Approval of the requested variance is conditioned upon substantial compliance with the site plan submitted with the variance application. Karen Walters, applicant, came forward and stated she understands and agrees to the stipulation read into record. A public hearing was called, and no one came forward in favor of or in opposition to this item. Board Member Andrea Worthy made a motion to approve item V25-003; seconded by Board Member Eric Randall. 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