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 5 of 8 building setbacks. Once the deck is installed, it will encroach into the rear setback by 3 feet. Due to the existing patio location, the most logical area to construct the deck is within the rear setback. The subject property is currently buffered from adjacent properties by an existing wooden privacy fence so impact to neighboring properties would be minimal. A similar variance was approved in 2024 at 577 Lakeview Terrace (V24-077) 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 development standards established by the Lakeview at Vinings Phase Two subdivision plat, which requires a rear setback of 25 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 encroachment will not adversely affect surrounding residents; therefore, staff recommends approval of the requested variance with the following condition: 1. Approval of the variance is conditioned upon substantial compliance with the site plan and elevations submitted with the variance application. Christopher Hembree, applicant, understands and agrees to the standard condition read into record. A public hearing was called, and no one came forward in favor of or in opposition to this item. Board Member Bo Jones made a motion to approve item V25-081; seconded by Board Member Andrea Worthy. The motion to approve carried with the following vote: Aye: 3 – Chairperson Garland, Board Member Jones, Board Member Worthy Nay: 0 – None Recuse: 0 – None E. V25-082 Public Hearing - Variance Request - V25-082 - Allow 6-foot fence in front yard on a corner lot - Land Lot 524 - 3246 Lee Street - Susan Radulovacki Ward 6 Mayor Pro Tem / Councilmember - Tim Gould Caitlin Crowe, Land Services Development Coordinator, provided the following background: The subject parcel is a 0.49-acre lot located on the southwestern corner of the intersection of Collier Drive and Lee Street. The subject parcel and all adjacent parcels are zoned R- 20 and are occupied by single-family detached homes. The property is currently under construction with both a new house and new in-ground swimming pool, permitted in 2024 and 2025, respectively. The applicant is proposing to