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License and Variance Board Meeting - A. MAX BACON CITY HALL - COUNCIL CHAMBERS — Minutes

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August 27, 2025 
10:00 AM 
 
City of Smyrna 
License and Variance Board Meeting 
2800 King Street SE 
Council Chambers 
 
Page 2 of 8 
 
walls are being moved, and the roof is being completely replaced, the home is considered 
new and must conform to the current Zoning Code per Section 1102 of the Zoning Code. 
  
The subject property is 11,021 square feet, while the R-15 zoning district requires a 
minimum lot size of 15,000 square feet. Since the subject property is an existing lot of 
record, originally platted in 1951, the hardship is not self-created. As mentioned, the 
existing one-story home is 768 square feet, which is far below the minimum house size of 
the R-15 zoning district of 2,000 square feet. With the new construction, the home will be 
a total of 2,036 square feet, bringing the property into compliance with the R-15 zoning 
district floor area requirement. 
  
The existing home, originally built in 1952, currently sits directly in the middle of the 10-
foot side setbacks. Since the new home will reuse the existing foundation and driveway, 
there is no additional room to add any type of covered parking space outside the side 
setbacks without moving the structure to the rear of the lot and drastically increasing the 
amount of driveway required. Due to the existing concrete driveway, the most logical area 
to construct the carport is within the western side setback to decrease disturbance to the 
subject property and surrounding neighbors. 
  
The subject property is unique in that it has less square footage than what the R-15 
zoning district requires. The hardship is not self-created as the property is an existing lot 
of record. The variances requested are the minimum variances needed to build a new 
single-family home on the subject property and provide covered parking. Community 
Development does not believe building a new single-family home on the subject property 
in accordance with the R-15 zoning requirements will negatively impact the surrounding 
properties as there is an existing home on the subject property. Similar variances have 
been granted at 1069 Mclinden Avenue in 2020 (V20-054) and 1068 Mclinden Ave in 
2025 (V25-013) so there is a precedence for this type of variance in the immediate 
neighborhood. 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 City’s minimum lot area requirement and 
side setbacks established for the R-15 zoning district. 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. Community Development believes 
that the requested variances will not adversely affect surrounding properties. Therefore, 
staff recommend approval of the requested variances with the following conditions:  
 
1. Approval of the requested variance shall be conditioned upon substantial 
compliance with the site plan and elevations submitted with the variance 
application. 
2. Any damaged or broken curb caused during construction shall be replaced prior to 
issuance of the Certificate of Occupancy. 
 
Brad Thompson, applicant, stated he understands and agrees to the two conditions read 
into record.  
  
Board Member Jones asked if the accessory structure/shed was going to remain on the 
property. Mr. Thompson said it would eventually come down.