Action Summary:
title
Application for Variance for property located at 3982 Austell Powder Springs Road to vary certain provisions of Section 4-146 of the Unified Development Code relating to the location and distance provisions applicable to food trucks. PIN 19090500190
MIT
MIT Supported - Mark All Applicable
☐ Critical Staffing Needs (staffing shortages, retention)
☒ Financial Stability/Sustainability (diverse tax base)
☐ Safety & Protecting Community (code enforcement, stormwater)
☒ Commercial Development
☐ Downtown Development
☐ Tourism (increase share; museum should equitably represent community; events)
☐ Downtown Parking (address parking needs)
☐ Youth Program/Council (community center for youth and seniors; learning gap)
☐ Prepare for Growth and Development (infrastructure in place; annexation; curb cuts; recycling, signage)
staffnotes
Staff Notes
Applicant has filed an accompanying application for Special Use Permit to operate a food truck and food truck part at 3982 Austell Powder Springs Road. With the exception one provision noted below, the applicant’s application complies with the applicable code provisions governing operations of a food truck park as set forth in Section 4-146.
The applicant seeks to vary the following provision:
“A minimum distance of 100 feet shall be maintained between any food truck and the entrance to any structure.”
The entrance to the commissary (kitchen and restrooms) is located at the rear of the building. There is no other entrance presently used by the applicant or the public. Of the 5 proposed food truck locations, two are located within 100 feet of the commissary entrance. Should other points of ingress be provided in the future if the building is used for another or secondary purpose, it is possible that the other proposed food truck locations would be within 100 feet of a future entrance; the variance application will thus be considered as to all locations.
Standards to consider in evaluating a variance application:
A variance may be granted if one or more of the following conditions exist:
(a)There are extraordinary and exceptional conditions or practical difficulties pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district;
The location is improved with an existing vacant structure (previously used as a financial institution). While the acreage meets the requirement of the food truck park ordinance, the existing building is larger than that required for a commissary. Given the circulation requirement for emergency access and the size of the building, applicant is limited on the placement of the proposed food trucks.
(b)A literal interpretation of the provisions of this development code would effectively deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located;
(c)Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located;
(d)The requested variance will be in harmony with the purpose and intent of this development code and will not be injurious to the neighborhood or to the general welfare;
Locating the food trucks within 100 feet of an entrance will not be injurious to the neighborhood or to the general welfare. The origin for the separation requirement is unknown but may be in place (1) to control cooking odors from entering the building; (2) to ensure that there is clear access to the building in case of emergencies; (3) to reduce congestion near the building entrance; (4) to reduce noise impacts on indoor operations; (5) to create a dedicated food truck zone that is visually distinct and organized and maintain the building’s primary function; and/or(6) to reduce fire risk, especially if the trucks use propane or other flammable materials.
Because the building is currently not in use, the possible reasons for the separation identified from (1) through (5) appear inapplicable. Even if the building is later used per the zoning district, those provisions could still be inapplicable or only require minor adjustments in location of food trucks. To the extent the separation is required by local fire codes, any reduction should be evaluated by the county fire marshal prior to placement.
(e)The special circumstances are not the result of the actions of the applicant;
The existing structure at 3982 has been approved by the health department for use as a commissary for up to five lawfully permitted food trucks. However, as a result of continuing code violations unaddressed by the previous park operator on the adjoining property and this property, the prior permit was not renewed. The code violations were not the result of actions by the applicant.
(f)The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the use district proposed; and/or
(g)The variance shall not permit a use of land, buildings or structures, which is not permitted by right in the zoning district or overlay district involved.
A food truck park with a base of operations is allowed at 3982 Austell Powder Springs Road. The requested variance does not permit something that is prohibited.
It is noted that some variances may be allowed administratively. For example, the separation requirement between a principal and accessary building can be reduced administratively but not greater than 35% of the minimum separation between a principal building and an accessory building or structure. Simiarly a variance in the separation between a specific use cannot be reduced to exceed 35% of any building, structure, or use separation requirement. Because the requested variance could exceed the threshold, the applicant was advised to apply for a variance that would be evaluated by the governing body.
Recommendation:
Approval on the condition that the specific locations are evaluated and accepted by the county fire marshal.