Title
Variance, Distance Requirements - Special Events Facility - Alcohol, Georgia Palms and Gardens, Ida Kroell, 3228 Powder Springs Rd, LL867
Body
Prepared By:
Community Development
Recommendation: Approval
Background:
The subject property is owned by Fathers Love Estates LLC and is located at the Northwest corner of Powder Springs Road and Pine Grove Rd. The property is zoned NRC (Neighborhood Retail Commercial). The entrance to the Bed and Breakfast facility is approximately 160 feet to the residential property line. In addition, there is a reception hall and general grounds that is closer than 160 feet. The reception hall is approximately 100 feet from the residential property line.
Ms. Kroell is part owner and will be managing the Special Event Facility at the above referenced location.
Fiscal Impact:
The property is currently developed as a special event facility and the use is being expanded to include a Bed and Breakfast. No increase in demand for public services and public infrastructure is anticipated by this request.
Analysis:
Section 3-120 of the Code of Ordinances provides requirements for all establishments with an alcohol license. The section reads as follows:
Distance from certain locations
For a license for pouring distilled spirits, a suitable distance is six hundred (600) feet from a school, and three hundred (300) feet from a church, or residence; provided, however, that in no event shall any part of the proposed premises be located closer than one hundred (100) feet from the property line of the school, church, or residence, as measured only for this purpose by a straight line from the nearest point of the premises to the property line of the school, church, park, public building, library, or residence.
For a license for pouring wine and malt beverages, a suitable distance is six hundred (600) feet from a school, and three hundred (300) feet from a church or residence; provided, however, that in no event shall any part of the proposed premises be located closer than one hundred (100) feet from the property line of the school, church, park, public building, library, or residence, as measured only for this purpose by a straight line from the nearest point of the premises to the property line of the school, church, park, public building, library, or residence.
The Code of Ordinances defines distance as, unless otherwise specified in this chapter, 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 Bed and Breakfast portion of the facility, which may include cocktail hours with alcohol being served is approximately 160 feet from the nearest residential property line, where 300 feet is required by code. Other areas of the property, including the reception hall is closer to the residential property, approximately 105 feet. The state of Georgia does not have minimum distance requirements to a residential property; therefore varying the City's code does not conflict with the state code.
Section 3-120 allows for Mayor and Council to waive the distance requirements, based on the following criteria.
(b) The distance requirements of this section may be waived by the mayor and city council, to the extent authorized by law and on such conditions as may be appropriate, where application of the requirements would cause a hardship to the licensee that outweighs the purposes of this section. In determining whether to grant a waiver under this subsection, the following shall be considered:
(1) The nature and extent of the hardship.
By not granting a variance for this application, the applicant will not be able to sell alcohol at this location. The previous owner had an alcohol license for a special events facility until 2011.
(2) The characteristics of the zoning district and the property in which the premises are located.
The property is located in the CRC zoning district, which allows alcohol sales. The property fronts Powder Springs Road and is located on a commercial corridor. The site was previously used as an event facility.
(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.
The property borders two residential properties located in the county on Powder Springs Road. The west and north sides of the property borders residential subdivisions in Powder Springs. Located directly the east is undeveloped property zoned CRC in the City Limits. There is substantially buffering with natural vegetation between the site and the subdivision to the north. There is some vegetation bordering the other residential properties.
(4) The distance from the nearest structure of a school, church, or residence to the closest property line of the premises.
The residential structure is 160 feet from the entrance to the premises of the proposed alcohol license for the Bed and Breakfast facility. The distance from the reception hall to the nearest residential property is approximately 100 feet.
(5) The relative impact of traffic and parking activity on the school, church, or residence generated by the sale of alcoholic beverages
The property is already established for a special event facility. There will be no increased traffic impact with the addition of alcohol pouring.
Visuals: Survey, Map of Property
Recommendation: Staff recommends approval of this application.