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File #: PZ 23--022    Version: 1
Type: Variance Status: Passed
File created: 7/27/2023 In control: City Council
On agenda: 8/21/2023 Final action: 8/21/2023
Title: Variance Request. BJ Package Inc., Balbir Sahdra To vary minimum distance from certain locations, per code of ordinances Sec. 3-120 - Alcohol License distance separation requirements for alcohol package sales. The property is located at 4481 Hiram Lithia Springs Road SW, within land lot 1046 of the 19th District, 2nd Section, Cobb County, Georgia. PIN: 19104600250.
Code sections: Sec. 3-120 - Distance from certain locations
Attachments: 1. Approved PZ 23-022, 2. Variance Application Packet Redacted, 3. Alcohol Distance Survey - 4481 Hiram Lithia Springs Road SW (Updated) Redacted, 4. Property Survey Redacted
Related files: AL-24-004, PZ 24-012

CASE NUMBER:    PZ 23 -022

APPLICANT: BJ Package Inc., Balbir Sahdra.

VARIANCE REQUEST: To vary distance from certain locations, per code of ordinances Sec. 3-120, for Alcohol License distance separation requirements, for beer, wine, and spirituous package sales.

LOCATION:  4481 Hiram Lithia Springs Road SW

ZONING:     CRC                                          ACRES:  1.75 ac                      PIN: 19104600250

 

Staff Recommendation: Approval.                      Planning and Zoning: Approval.

 

BACKGROUND:  The City of Powder Springs Code of Ordinances Sec. 3-120, provides that, for a license for package wine, malt and spirituous beverages, a suitable distance is six hundred (600) feet from a school, and three hundred (300) feet from a church or residence; provided that the distance from a church or residence shall be waived when the applicant is a grocery store.

BJ package has operated continuously at 4400 Brownsville Road, Suite 106, since 11/24/2004. They operate as a traditional package store, offering beer, wine, and spirituous retail sales. The applicant seeks to grow their business operation by purchasing the standalone structure located at 4481 Hiram Lithia Springs Road and relocating from the nearby the Brownsville Plaza location.

The subject location was a purpose-built drug store, which most recently operated as Walgreens and has been unoccupied since that store’s closure in February 2021.

The new location is within 300-feet of the nearest property line of a detached single-family home at 5038 Cherry Lane, and the nearest property line of Selig Multifamily which is currently under development.

 

SURROUNDING AREA:  Zoning Map: Figure 1. Aerial Map: Figure 2. Distance Separation Survey: Figure 3.

Nearest Residence: 268 feet from a single-family home, located at 5038 Cherry Lane. Measured in a straight-line.

Nearest Church: 1581-feet to Linked Up Church. 4331 Brownsville Road.  Measured in a straight-line.

 

The code of ordinances defines distance as, the measure in lineal feet of the most direct route of travel on the ground by a pedestrian from the center of the nearest door of customer entry of the proposed license premises to the nearest property line of the church, school, park, public building, library, or residence. Such travel shall be measured as a straight line from the customer door to the property line and is not required to follow a line running along the nearest sidewalk or street route; provided that, when a straight line of travel would not be a customary and reasonable line of travel because of obstacles to such travel, the line of travel shall be angled around such obstacles and the distance shall be the sum of the segments of the line.

The current zoning is CRC (Community Retail Commercial).  The rezoning from Low Rise Office (LRO) to Community Retail Commercial on this property occurred on June 4, 2012, with stipulations. Additionally, the variance requests to waive certain requirements of the Commercial Development Overlay were granted with stipulations on June 4, 2012. The zoning map reflects OI zoning, which needs to be corrected.

 

Figure 1 Zoning Map.

 

 

 

 

 

 

 

 

 

Figure 2. Aerial Map.

 

Figure 3. Visibility from closest residence.

 

 

 

 

 

 

Figure 4. Alcohol Distance Survey.

 

 

ANALYSIS:

The application was reviewed against the following criteria:

 

1.                     The nature and extent of the hardship.

Applicant’s response: My business, BJ Package Inc dba Brownsville Package, is an upscale retailer of beer, wine, and spirits and has been in operation at 4400 Brownsville Road Suite 106, Powder Springs, GA 30127 for almost 20 years. I’m looking to expand my growing business to better meet the demand in the community, but it has come to my attention that both my existing location and the proposed location for my new store, 4481 Hiram Lithia Springs Road SW, are within 300 feet of a residential property. Without being granted a Distance Separation Variance, per section 3-120 (f), I will be unable to obtain a liquor license and operate my retail business in the new store.

Staff’s Response: The new store is located within the minimum required distance separation of 300 feet of residential zoning. Residential zoning in the county prevails to the northeast on the opposite side of Hiram Lithia Springs. The nearest residence, located at 5038 Cherry Lane, is 268 feet away.

 

2.                     The characteristics of the zoning district and the property in which the premises are located.

Applicant’s response: My existing location is located within a commercial retail development called Brownsville Commons at the intersection of Hiram Lithia Springs Road SW and Brownsville Road. The shopping center is anchored by a Kroger grocery store and is directly across the street from a residential property located at 5038 Cherry Lane, Powder Springs, GA 30127. While the closest edge of the residential property boundary to my new store’s front door is approximately 268.2 feet away, the actual house sits back significantly from the property boundary. The distance from my new store’s front door and the residential property’s front door is approximately 504.4 feet.

Staff’s Response: The new store is located at the intersection of Hiram Lithia Springs Road and Brownsville Road. That intersection is predominated by commercial uses, but residential zoning prevails as you move northwest along Hiram Lithia Springs Road. Additionally, missed use zoning prevails across Brownsville Road where the Selig Apartments are currently being developed.

 

3.                     The degree of visibility of the premises from the church, school, or residence, including consideration of landscape and other buffers, either existing or to be installed.

Applicant’s response: The rear of the residential property at 5038 Cherry Lane faces towards the rear of the new store at 4481 Hiram Lithia Springs Road SW. There doesn’t seem to be any visibility of the new store from a school or church.

 

Staff’s Response: The closest residence at 5038 Cherry Lane is located on an R-20 lot. The home is set to the opposite side of the property from the store. Figure 3 shows the view of the side of the store from the driveway of the that  home.

4.                     The distance from the nearest structure of a school, church, or residence to the closest property line of the premises.

The distance of the nearest school is 5,848 feet away.

The distance of the nearest church is 1,581 feet away.

The distance of the nearest residence is 268 feet away.

 

5.                     The relative impact of traffic and parking activity on the school, church, or residence is generated by the sale of alcoholic beverages.

Applicant’s response: There are 45 parking space at the new store at 4481 Hiram Lithia Springs Road SW, so I anticipate that there will be no impact of traffic and parking activity on any school, church, or residence generated by the sale of alcoholic beverages.

Commercial activity is prevalent within the CRC zoned district. The adjacent Kroger Shopping Plaza has several operating businesses that generate traffic volumes. The relocation of this store from a suite at the said Kroger Shopping Center to this proposed stand-alone building should not significantly impact traffic in the area.

 

 

 

 

 

Staff Recommendation:  Approval of the distance separation variance, with the following conditions:

 

1.                     The applicant shall submit application for an Alcohol License to the Community Development Department.

2.                     The applicant is required to install / supplement the Front Landscaping Strip at both road frontages, compliant with the standards of the Unified Development Code <https://library.municode.com/ga/powder_springs/codes/unified_development_code?nodeId=ART12TRPRBULA_DIVVILA_S12-52FRLAST>, subject to review and approval from the Community Development Department.

3.                     The applicant is required to restripe the parking lot, compliant with the standards of the Unified Development Code, <https://library.municode.com/ga/powder_springs/codes/unified_development_code?nodeId=ART6ACPALO_DIVIVDEIMREPALO> subject to review and approval from the Community Development Department. This shall include resurfacing or sealing the parking lot at the time of renovation.

4.                     The applicant is required to submit a Design Review Application for any external color changes, subject to review and approval from the Community Development Department. The building’s exterior shall include only colors found in the Sherwin Williams Fundamental Color wheel.

5.                     All signage shall be permitted, in accordance with the standards of the Unified Development Code <https://library.municode.com/ga/powder_springs/codes/unified_development_code?nodeId=ART7SIADDE>.