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Smyrna board approves variances for accessory structure built on property line at 802 Smyrna Hill Drive

3318556 · May 15, 2025
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Summary

The License and Variance Board unanimously approved two variances for 802 Smyrna Hill Drive to allow a second accessory structure and to reduce the side setback from 10 feet to 0 feet; approvals require compliance with submitted plans and the accessory shed be fire-rated.

Smyrna’s License and Variance Board unanimously approved two variances on April 23 to allow a second accessory structure and to reduce the side-yard setback from 10 feet to 0 feet at 802 Smyrna Hill Drive, where an accessory building was constructed up against the property line.

Planner Caitlin Crow presented the application, saying the 1.4-acre parcel on the south side of Smyrna Hill Drive is occupied by an 18,000-square-foot warehouse that is being renovated for an auto body shop. Crow said the applicant built the accessory structure after pulling building and land-disturbance permits and promptly applied for variances after being notified of the violation. Crow told the board staff considered the dumpster and the new shed separate accessory uses and concluded the hardship was not self-created.

The nut graf: the board’s approvals regularize an accessory structure that a staff inspection found at the property line; the approvals include two conditions designed to limit safety and consistency risks.

Board members voted to approve both requests with the same standard condition requiring substantial compliance with the site plan and elevation submitted with the variance application, and a second condition that the shed be fire-rated because the roof currently directs water across the property line and the building is on the lot line. Crow said the applicant will alter the roof to direct runoff onto the subject property.

Applicant Hussein Kafay confirmed he would comply with the conditions. There were no public comments for or against the requests. The board’s vote was recorded as unanimous and the variances were approved.

Beyond the approvals, the record shows the city’s chief building official reviewed the structure and supported the variance provided the fire-rating condition was met. Crow also noted the applicant previously received approvals in March of the prior year for gravel parking and parking-space reductions on the same site.

The board moved on after the clerk recorded the unanimous votes; no appeal or follow-up direction was stated at the hearing.