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 6 of 8 fully enclose her backyard with a 6-foot metal fence, which will be placed on the property lines, in line with the neighboring property’s fence to the west. Due to the property having road frontage on two sides as a corner lot, both the front yard and street side yard are considered front yards regarding fencing. Section 503-A restricts the height of fences within a front yard to four feet; strict application of the ordinance would require a fence greater than four feet in height be setback 23.3 feet from the property line on the Collier Drive side. The former home had a 6-foot wooden privacy fence on the property line, which was installed without obtaining the proper variance by the former homeowner. Once the fence was removed when the house was demolished in 2024, any new fence would need to meet the current Zoning Code. Thus, the applicant is requesting a variance to allow a six-foot metal fence to provide both security from the busy roadway and for anyone using the new swimming pool. The applicant is requesting a variance to allow a six-foot fence to be erected along Collier Drive to provide safety and security for her family. The City Engineer has determined that there is not a site distance issue caused by the proposed fence. In 2016, the same variance was approved next door at 3245 Dunn Street (V16-021), 3446 Lee Street (V16- 022) and 3069 Lee Street (V16-036), and additionally in 2017 at 3257 Pinetree Drive (V17-014), so there is a precedence for this type of variance in the immediate neighborhood. Community Development believes the variance requested is the minimum variance needed and that, at times, a four-foot fence may not provide adequate security on a corner lot. The applicant is requesting to deviate from the development standards established by Section 503-A, which requires a four-foot fence in the front yard. 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 fence height will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variance with the following condition: 1. Approval of the requested variance shall be conditioned upon the development of the property in substantial compliance with the site plan and elevations submitted with the variance application. Board Member Jones asked if standard code for a pool was a five-foot fence. Ms. Crowe stated that for a pool it is four feet, but for a front setback, the max height is four feet. Susan Radulovacki, applicant, understands and agrees to the standard stipulation read into record. A public hearing was called, and no one came forward in favor of or in opposition to this item. Board Member Andrea Worthy made a motion to approve item V25-082; seconded by Board Member Bo Jones. The motion to approve carried with the following vote: