Smyrna zoning board considers rear-setback variance for Breslin Avenue sunroom; motion to deny fails

At the March 2025 meeting of the Smyrna Board of Zoning Appeals, the board reviewed a setback variance request from Tree of Hope LLC for 528 Breslin Avenue that would allow a 4-foot encroachment into the required 20-foot rear yard setback for an attached sunroom totaling 408 square feet.

Mitch, a planning staff member, told the board the property is zoned R-3 (medium-density residential), is about 10,468 square feet, and is located on a modified cul-de-sac that gives the lot an oblong, “pie” shape. He said a 10-foot public utility and drainage easement runs along the rear lot line and a sinkhole or depression is shown in the eastern corner of the parcel. He summarized staff findings from Section 7.08 of the municipal zoning ordinance and said the lot’s geometry is “uniquely shaped” but that, based on the submitted plans, “an addition could still be constructed to meet setback requirements.”

Neighbor Jeff Davenport, of 609 Woodhaven Drive, spoke in opposition. “We are actually opposed to any setback variance for this,” Davenport said, adding that his bedroom windows face the rear yard and that noise from past large gatherings on the property has carried into his home at night and on weekends. He said his wife’s early morning work schedule makes nighttime noise particularly disruptive.

Contractor Ishma Sarabia, representing the owners, explained the requested encroachment would be limited to a triangular corner of the proposed addition, not the entire rear wall. “The variance would just be at a triangle shape,” Sarabia said, adding the portion beyond the previously approved footprint is the area of concern.

Board members questioned alternatives. Several members noted the previously approved addition had been constructed wrong and later removed, and that the applicant could reapply or shift the addition to remain within setbacks. One board member said shifting the yellow portion in the staff aerial to wrap around the corner could preserve square footage while keeping required setbacks. After discussion, a board member moved to deny the variance for lack of hardship; another member seconded the motion. The motion was put to a voice vote and, after procedural back-and-forth, the board record shows the chair stated, “Motion is denied.”

The board did not record a subsequent, explicit approval vote on the variance in the transcript. The meeting then proceeded to the next agenda item.

The variance request cited Section 7.08 of the municipal zoning ordinance, and staff referenced the ordinance’s criteria for variance findings when presenting their analysis.

Votes at a glance

- Motion to deny setback variance (Tree of Hope LLC, 528 Breslin Ave): mover – Board member (unnamed); second – Board member (unnamed); outcome in transcript: “Motion is denied.” No individual vote tallies were recorded in the public transcript.

Next steps

The transcript does not show a recorded approval vote on the variance after the denial motion failed; the board moved on to consider a sign variance application.