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File #: PZ 24-036    Version: 1
Type: Variance Status: Passed
File created: 10/8/2024 In control: City Council
On agenda: 11/4/2024 Final action: 11/4/2024
Title: Variance request from New Era Learning Academy to vary the minimum parking requirements for a school. The property is located at 4640 Hiram Lithia Springs Road SW, within land lots 1046, 2nd section, Cobb County Georgia. PIN: 19104600170.
Attachments: 1. Approved PZ 24-036, 2. 2024-017, New Era Variance Plan, RVSD 10-25-24, HPSCANNER1223 Redacted, 3. Variance Application Redacted, 4. Variance Application Redacted, 5. Notice of Intent. Addendum to Variance Application Redacted, 6. Site Plan to add Modular Classroom Redacted

CASE NUMBER:   PZ 24-036

APPLICANT: Chika Onwukaeme, New Era Learning Academy.

VARIANCE: To vary Table 6-4 to reduce required parking for a school; Sec. 6-54 required minimum area per parking space.

 

LOCATION: 4640 Hiram Lithia Springs RD SW

ZONING:    CRC                   Acreage: 1.25-ac                           PIN: 19104600170

 

Staff Recommendation: Approval.                                                               Planning and Zoning:

 

BACKGROUND: Ms. Chika Onwukaeme, owner of New Era Learning Academy, has operated a childcare facility at the subject site for several years. The facility has been providing early childhood education and care services to the community, serving local families, and contributing to the area’s educational needs. Recently, the applicant submitted permits to add a new 1,736-square-foot modular classroom building, which would supplement the existing 5,880-square-foot structure on the property. This expansion triggered a parking analysis by the Unified Development Code (UDC) standards, requiring one parking space per 300 square feet of building area, resulting in a minimum requirement of 25 spaces.

Historically, the facility operated with a parking configuration that did not fully meet the UDC's parking requirements yet has managed to accommodate its operational needs based on the number of staff that drive, and the fact that the children are dropped off via a carpool line. To address the parking shortfall due to the expansion, the applicant requested a variance to reduce the total required parking spaces from 25 to 17 and to adjust the minimum parking space dimensions from 9-feet by 20-feet to 8.5-feet by 19-feet. The request includes the addition of six new parking spaces by paving an area in the front along the southern boundary of the property, as shown in figure 3.

The applicant has indicated that the proposed expansion is intended to accommodate students currently enrolled in New Era Learning Academy and will be used for the after-school program. The children who stay after school will be relocated to the new modular classroom space, allowing for easier morning preparation as the after-school children make a mess in the space. The applicant has also confirmed that there are no immediate plans to expand enrollment or increase staff as part of this expansion.

 

The total proposes new impervious for this site is 4198-sf, with the addition of the proposed classroom building and parking lot expansion. This fall below the 5000-sf maximum allowed by the Georgia Stormwater manual. Therefore, no improvement to the stormwater management infrastructure onsite is required. The Fire Marshall’s required access to the new building is expected to trigger this requirement.

 

The Fire Marshal has reviewed the proposed parking and new building expansion and requires an ADA-compliant connection from the existing parking area to the new modular classroom building. This accessible pathway is essential to ensure safety services access, and to ensure that all individuals, including those with disabilities, can safely access the new building.

 

SURROUNDING AREA: New Era Learning Academy is located on Hiram Lithia Springs Road, where the properties southern boundary forms the city’s boundary in that area. CRC zoning prevails within the city, and R-20 zoning in the county, as shown in figure 1.

 

Figure 1. Zoning Map

Figure 2. Vicinity Map.

 

Figure 3. Site Parking Plan.

 

VARIANCE ANALYSIS:

The application was reviewed against the following criteria:

 

Any applicant requesting consideration of a variance to any provision of this development code shall provide written justification that one or more of the following conditions exist. The governing body shall not approve a variance application unless it shall have adopted findings that one or more of the following conditions exist:

 

 

 

1.                     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.

 

There is no special site challenges related to size, shape, or topography.

 

2.                     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.

 

A strict application of the development code would require the New Era Learning Academy to provide 25 parking spaces to accommodate the total square footage of the existing and proposed classroom buildings.

 

If the variance is not granted, the applicant would be required to undertake significant site modifications to provide additional parking, including improvement to the stormwater management infrastructure onsite. This would place an undue burden on the applicant, especially considering that the site has successfully operated with fewer parking spaces than required for years without any known issues related to parking or traffic flow. The addition of six new spaces provides a reasonable compromise that enhances the existing parking capacity while maintaining the site's operational needs.

 

 

3.                     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.

 

Granting the requested variance will not confer any special privileges upon the applicant's property that are denied to other properties in the district. The variance is being sought to address the parking needs triggered by the expansion of an existing childcare facility that has operated for years. Similar considerations can be extended to other properties within the district when addressing unique operational needs or physical site constraints.

 

4.                     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.

 

The requested variance is in harmony with the purpose and intent of the development code and will not be injurious to the neighborhood or to the general welfare. The development code aims to ensure safe and adequate parking while accommodating the operational needs of businesses and facilities within the community. In this case, the applicant's request to reduce the number of parking spaces from 25 to 17 and to decrease the dimensions of each space is balanced by the addition of six newly paved parking spaces, which will help alleviate any potential parking pressure caused by the expansion.

 

If the facility begins to experience over-parking that obstructs traffic flow and impedes emergency access, it may face code enforcement actions and revocation of the variance, necessitating future improvements to parking.

 

The proposed reduction in parking spaces aligns with the historical use of the site, which has effectively managed parking needs without disrupting the surrounding neighborhood. By meeting the operational requirements of the childcare facility without introducing significant changes to traffic patterns or site layout, the variance supports the facility’s continued service to the community.

 

 

5.                     The special circumstances are not the result of the actions of the applicant.

 

The need for a variance arises from the expansion of the New Era Learning Academy to accommodate a new 1,736-square-foot modular classroom building, which triggered a parking analysis under the current Unified Development Code (UDC). This analysis revealed that the existing site has historically been deficient in parking spaces according to the updated requirements, despite having operated as a childcare facility for years.

 

 

6.                     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.

 

The requested variances represent the minimum adjustments necessary to accommodate the proposed use of the expanded New Era Learning Academy facility. The applicant is seeking to reduce the required number of parking spaces from 25 to 17, along with a reduction in the dimensions of the parking spaces from 9' x 20' to 8.5' x 19'. This request is balanced by the applicant’s proposal to add six new parking spaces through paving along the southern boundary, demonstrating a commitment to meeting parking requirements to the extent possible.

 

7.                     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.

 

The requested variance does not permit the use of land, buildings, or structures that are not allowed by right within the zoning district. The current use of the property as a childcare facility is permitted within the CRC zoning classification, and the proposed variance only pertains to minimum parking requirements associated with this use.

 

 

 

 

 

STAFF RECOMMENDATION: 

The combination of the facility's established history, the minimal nature of the requested variances, and the lack of adverse effects on the neighborhood provide the basis for recommending approval of the variance request. This action supports the continued operation and expansion of an important community resource while maintaining adherence to safety and zoning regulations. The city’s engineer, Yanni Spanoudakis P.E. has reviewed and recommended approval.

 

Staff recommends Approval, with the following condition:

1.                     The variance request to reduce the total required parking spaces from 25 to 17 and to adjust the minimum parking space dimensions from 9-feet by 20-feet to 8.5-feet by 19-feet is approved.

 

2.                     Parking improvements shall comply with the parking plan submitted on October 25, 2025, prepared by Paul Lee Engineering Associates for New Era Learning Academy.

 

3.                     There shall be no parking on grass, or other unimproved surfaces as provided by the Unified Development Code.

 

4.                     The applicant agrees that should the facility begins to experience over-parking that obstructs traffic flow and impedes emergency access, they may face code enforcement actions and revocation of the variance, necessitating future improvements to parking.