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File #: PZ 23--012    Version: 1
Type: Variance Status: Passed
File created: 5/24/2023 In control: Planning & Zoning Commission
On agenda: 7/17/2023 Final action: 7/17/2023
Title: Variance Request. To vary distance from certain locations, per code of ordinances Sec. 3-120, for Alcohol License distance separation requirements, for beer and wine package sales. The property is located at 3824 Powder Springs Road (Family Dollar), within land lot 871 of the 19th District, 2nd Section, Cobb County, Georgia. PIN: 19087100090
Indexes: SP - Attract and Retain Business
Code sections: Sec. 3-120 - Distance from certain locations
Attachments: 1. ABC30151VarianceApplicationPacket Redacted, 2. Executed PZ 2023-012

CASE NUMBER:    PZ 23 -012

APPLICANT: Family Dollar Stores of Georgia LLC #30151

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

LOCATION:  3824 Powder Springs Road

ZONING:     CRC                                          ACRES:  1.26 ac                      PIN: 19087100090

 

Staff Recommendation:                        Approval

 

BACKGROUND:  The City of Powder Springs Code of Ordinances Sec. 3-120, provides that, for a license for package 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 that the distance from a church or residence shall be waived when the applicant is a grocery store.

Family Dollar is a well-known chain of retail stores that primarily focuses on providing everyday household products and general merchandise at affordable prices. Established in 1959, Family Dollar operates as a subsidiary of Dollar Tree Inc., with thousands of locations across the United States. The stores are typically situated in urban, suburban, and rural areas, catering to a broad range of customers. Family Dollar falls under the category of "discount variety stores" or "dollar stores."

Family Dollar wishes to apply for an Alcohol License to provide beer and wine package sales, however, the store is located within the minimum required distance separation of 300 feet of residential zoning.

SURROUNDING AREA: The Family Dollar is located at the intersection of Powder Springs Road and Forest Hill Road. Residential zoning exists adjacent to the north, and to the east and northeast. The following figures provide visuals of the surrounding area. Zoning Map: Figure 1. Aerial Map: Figure 2. Distance Separation Survey: Figure 3.

Nearest Church: 910-feet to Calvary Baptist Church, located at 3988 Powder Springs Road.

Nearest School: 5025-feet to I Can Christian Academy, located at 3897 Deercreek Drive.

Nearest Residence: 132-feet from a single-family home, located at3793 Forest Hill Road.

 

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.

Family Dollar wishes to apply for an Alcohol License to provide beer and wine package sales, however, the store is located within the minimum required distance separation of 300 feet of residential zoning. Residential zoning exists adjacent to the north, and to the east and northeast. The nearest residence, located at 3793 Forest Hill Road, is 132-feet from the store.

 

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

The Family Dollar is located at the intersection of Powder Springs Road and Forest Hill Road. That intersection is predominated by commercial zoning in all quadrants, but residential zoning prevails as you move north along Forest Hill Road, and is also located beyond the properties rear border to the north east.

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 closest residence located adjacent to the north at 3793 Forest Hill Road is separated from the store by a wooden privacy fence, which partially blocks the view of the store, as shown in Figure 3.

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

Nearest Church: 910-feet to Calvary Baptist Church, located at 3988 Powder Springs Road.

Nearest School: 5025-feet to I Can Christian Academy, located at 3897 Deercreek Drive.

Nearest Residence: 132-feet from a single-family home, located at3793 Forest Hill Road.

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

The applicant operates as a "discount variety stores" or "dollar stores." This commercial use generates vehicular traffic but given the location at an intersection predominated by commercial uses, and along a main thoroughfare, any increase in vehicular traffic attributed to the sale of packaged beer and wine should not have an adverse impact on the nearby residential uses.

 

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

 

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

2.                     Update Survey to show correct distance measurements based on code.