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