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.