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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 7 of 11 
 
Strict application of the ordinance would deny the applicant any ability to modify any 
portion of the accessory structure since it is already nonconforming, and the existing 
impervious area is already over the allowable maximum impervious coverage. A similar 
rear and side setback variance was approved in 1976 for an accessory structure at 2710 
Ivanhoe Lane so there is a precedence of these types of variances in the area. At the time 
of this report, Community Development has received no calls in opposition to these 
requests. 
  
The applicant is requesting to deviate from the development standards established by the 
City for the maximum accessory structure height of 15 feet, the side setback of 10 feet, 
the accessory structure rear setback of 5 feet, and the maximum impervious surface 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 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 and elevations submitted with the variance application. 
2. The accessory structure shall not be permitted to have an oven or stove without 
obtaining an additional variance for a second kitchen. 
3. Gutters and downspouts shall be installed to divert stormwater away from adjacent 
properties. 
4. The southern and eastern walls of the home shall either be 1-hour rated walls or 
painted with fire-retardant paint, or as deemed necessary by the Chief Building 
Official. 
5. The proposed accessory structure shall not be rented or occupied for gain, except 
as permitted in Article IX of Chapter 22 as it pertains to the operation of short-term 
rental units. 
6. These conditions shall run in perpetuity with the property and as such are also 
applicable to any future owner. 
 
One last stipulation to add is that the building permit must be obtained within thirty (30) 
days of the variance approval so this does not continue to be a code violation. Board 
Member Randall asked if there was any reason the building permit would be delayed 
beyond thirty days. Mrs. Crowe stated that the applicant has been in communications with 
Anthony Carter, Chief Building Official, and seems ready to move forward.   
  
Whitney Price, applicant, came forward and stated she has been working with Mr. Carter 
and should have a drawing finalized next week. She thanked staff for working with her on 
this. She stated she understands the six conditions read into record and the seventh that 
will be added.  
  
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 V25-006 with the added 
stipulation that a building permit must be obtained within thirty (30) days of the variance 
approval; seconded by Board Member Andrea Worthy.