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 6 of 11 The applicant is seeking four variances to retain a two-story detached accessory structure in the rear of 2834 Ivanhoe Lane: increase the accessory structure height from 15 feet to 18 feet, reduce the side setback from 10 feet to 3 feet, reduce the accessory structure rear setback from 5 feet to 4 feet, and increase the maximum impervious surface area from 35% to 42.9%. The maximum accessory structure height and distance to the rear property line is required per Section 501 of the Zoning Code whereas the 10-foot side setback and the 35% maximum impervious surface area is associated with Section 801 of the Zoning Code. The subject parcel is a 0.36-acre lot located on the south side of Ivanhoe Lane in the Concord Estates subdivision (see Figure 1). The subject parcel and all adjacent parcels are zoned R-15 and are all occupied by single-family detached residences except for one parcel to the south, which is occupied by a church. In June 2023, a second-floor addition was constructed on the existing detached garage without obtaining a building permit or variance; a permit application had been submitted in June 2023 but never moved past plan review. Code Enforcement subsequently issued a notice of violation to the subject property for working without a permit in July 2024. The applicant moved forward with the variance application in December 2024. The property is currently occupied by a one-story 2,461 square foot single-family home and a former 380 square foot garage on the southeastern corner of the property. The existing garage is currently nonconforming, encroaching into the side setback by 7 feet and the accessory structure rear setback by 1 foot. The applicant is proposing to retain the now two-story 546 square foot detached accessory structure in the same footprint. The structure has a full bathroom and kitchenette on the first floor and a bedroom on the second floor, which is accessed by an interior staircase. Due to the existing garage’s nonconforming location, the most logical area to construct the addition was over the same foundation, within the side and accessory structure rear setback, to decrease disturbance to the subject property. Strict application of the ordinance would deny the applicant the ability to replace or add any additional space since the existing foundation is already encroaching in the setbacks. Since the southern and eastern walls (including the roof overhang) are within 5 feet of the property line, the southern and eastern walls and roof area must be fire rated. Since all nearby buildings exceed the minimum 10 feet of separation from the subject structure, no fire suppression system is required. Based on the definition of building height, the applicant has requested to increase the accessory structure height of the detached garage from 15 feet to 16.3 feet to retain the second floor. Rather than expanding the existing structure’s footprint for the living area addition, the applicant added the second story loft to minimize land disturbance and impervious surface area. Although the peak of the structure is at 18 feet from the bottom of the grade, a portion is at 14.3 feet due to the steep grade change from the roadway to the rear of the lot (see Figure 3). In fact, the deck on the second floor is at ground level with the backyard so the hardship is not self-created. Since the original increase in impervious surface area and location of the deck occurred in 1970, prior to our current Zoning Ordinance in 1974, 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.