CASE NUMBER: PZ 22 - 009. Variance: Louise Street
APPLICANT: Laurie Wong, Founder and Executive Director, Reflections of Trinity.
VARIANCE REQUEST: To vary the following sections of Unified Development Code: Sec 4.95 (b) Duration of stay and (c) Distance separation to residential zoning district.
LOCATION: 4033 Louise Street, within Land Lot 905, 19th District, Powder Springs, Georgia
ZONING: CRC ACRES: 0.9 ac PIN: 19090500250
STAFF RECOMMENDS: Approval. PLANNING AND ZONING RECOMMENDS:
BACKGROUND: This case accompanies Special Use Request PZ 22 - 007 to allow the operation of Housing Shelter within a CRC zoned district. Sec. 4-95 provides that housing shelters shall not be located closer than 500 feet to a residential zoning district, and the subject property is adjacent to residential zoning on both sides. In the case that the Special Use Request is granted, this variance would also be necessary for compliance with the provisions of Section 4-95 of the UDC.
Special use approval was granted to Two Forty Seven LLC to operate temporary shelter at the location in 2010. At that time a variance was not required. The code was subsequently amended to include the provisions outlines in Sec. 4-95. The building is approximately 1500 square feet and is built out as three separate living areas with a shared kitchen and common area. Reflections of Trinity, a 501(c)3 non-profit organization, purchased the property in the Spring of 2021 with the intent of using it as office suites for the organization, while keeping one unit for a caretaker’s residence. The proposed change in use triggered addition requirements to comply with provisions of the Cobb County Fire Marshall’s Office (CCFMO). The CCFMO required a firewall separating the residence from the offices, however, this option was cost prohibitive for the entity, so they opted to retain the existing use.
Unified Development Code Sec. 4-95. Community Food or Housing Shelter.
Community food and housing shelters shall comply with the following:
(a) Required facilities. Housing shelters shall have adequate beds, showers, and restroom facilities provided at the location to meet the needs of the overnight guests, all maintained a clean, safe, and sanitary fashion.
(b) Duration of stay. Guests of the shelter shall be required to leave the shelter premises no later than 8:00 a.m.
(c) Distance separation. No such use shall be located closer than 500 feet, measured as the crow flies, to a residential zoning district boundary or an existing detached single-family dwelling.
SURROUNDING AREA: The subject property is zoned CRC, and is located at the southeastern corner of Louise Street and Austell-Powder Springs Road. CRC zoning and commercial development predominate to the west and north, and R-15 zoned single-family residences predominate to the south and east. The business will be located within an approximately 1,467 square feet building.
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 a written justification that one or more of the following condition(s) 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.
The property is currently configured as three living areas with shared kitchen and common areas. This limits the usability of this commercially zoned location. Reconfiguring for a different may be difficult for the non-profit entity that owns the property. There are no extraordinary and exceptional conditions or practical difficulties pertaining to the property.
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 literal interpretation would not deprive the applicant of use of the property for an approved CRC use. The applicant would not be able to conduct the proposed commercial use that the previous owner. This property previously received special use approval to operate as a temporary. The distance and operating hours requirements that the applicant is seeking to vary were not in effect when the house was used as a temporary shelter with those with medical issues in the past.
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 variance would allow the applicant to conduct business activity at this location with the house in its current configuration. Reconfiguring the property for another commercial use that would be allowed by right would require additional resources and may require additional improvements including the addition of a parking lot.
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.
As it relates to this variance request, the unified development code is intended to maintain the integrity and individual character of established communities. It is understandable why the code provides for a distance separation between housing shelters from residential zoning districts. However, since the special use request is to house working professionals in the health care industry, staff holds the opinion that the proposed use will not be injurious to the adjacent residential zoning district, nor the individual character of the Louise Street residential areas.
5. The special circumstances are not the result of the actions of the applicant.
The special circumstances are a result of the current configuration of the building, which limits it to certain types of commercial uses. The applicant purchased the building with the intention of using it to help further the mission of Reflections of Trinity, but realized after the fact that there were limiting factors in the form of costs to reconfigure the building to receive FMO approval, as well as special use and variance requests necessary for the proposed use of housing traveling healthcare professionals.
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.
These requested variances are the minimum necessary to allow for the location to serve as temporary residence for traveling healthcare professionals.
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 proposed use would be permitted within the CRC zoning district after special use approval. This variance request to the distance separation and operating hours provisions for housing shelters accompanies Special Use Request PZ 22-007 to allow the use.
Planning and Zoning Recommends:
Staff recommends: APPROVAL with the following conditions.
1. The following variance requests are approved: To vary the following sections of Unified Development Code: Sec 4.95 (b) Duration of stay and (c) Distance separation to residential zoning district.
2. The approval of this variance request will expire concurrently with the Special Use Approval (PZ 22-007) and shall be renewed by way of a new application submittal.
3. Subsequent owners shall reapply for Variance Approval.
APPENDIX
I. Unified Development Code Sec. 4-95. Community Food or Housing Shelter.
Community food and housing shelters shall comply with the following:
(a) Required facilities. Housing shelters shall have adequate beds, showers, and restroom facilities provided at the location to meet the needs of the overnight guests, all maintained a clean, safe, and sanitary fashion.
(b) Duration of stay. Guests of the shelter shall be required to leave the shelter premises no later than 8:00 a.m.
(c) Distance separation. No such use shall be located closer than 500 feet, measured as the crow flies, to a residential zoning district boundary or an existing detached single-family dwelling.
II. Floor Plan
