Smyrna BZA denies setback variance for carport at 210 Mill Creek Court

The Smyrna Board of Zoning Appeals denied a setback-variance request at its June 2025 meeting for a detached carport at 210 Mill Creek Court after finding the property lacks the unique physical conditions required for a variance.

Staff told the board the R-3 district requires a 35-foot front setback and an 8-foot side setback for detached accessory structures; the Baggetts requested variances to allow a 22-foot front setback and a 1.5-foot side setback, a 13-foot and 6.5-foot reduction respectively. The structure was constructed without a building permit; Codes Enforcement observed the carport in January, and a subsequent permit application was denied because the structure did not meet setback requirements.

The issue mattered to the board because state and local variance rules require that a property’s physical characteristics — not an owner’s personal circumstances — justify relief from an ordinance. Mitch, a staff member, summarized the ordinance criteria and staff findings that the lot is a uniform rectangle and does not have unique topographic features that would create the hardship the ordinance requires. "Section 7.08 d of the zoning ordinance detail[s] the requirements for variances not involving special flood hazard areas," staff said during the presentation.

During public comment one board member warned that approving the variance would set a precedent. A person identified in the meeting as the homeowner said their contractor had told them a permit was not required for a detached structure: "they thought because it was not connected to the house that we did not." The chair expressed sympathy but noted the board is required to apply the ordinance. After discussion, a board member moved to deny the request for lack of hardship to the physical makeup of the property; another board member seconded the motion. The motion to deny carried and the variance request was denied.

Staff had noted there is no available side-yard space to relocate the structure without violating setbacks, and pictures in the packet showed the carport’s proximity to the side lot line and an overhead approximation of the layout. Homeowners at the hearing said neighbors reacted positively to the structure and that moving it to the rear would be difficult without dismantling it.

The denial is a formal decision to refuse the variance request. The transcript records the homeowner saying the structure "is gonna have to be torn down." The board did not adopt any alternate direction or schedule for compliance during the meeting.