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File #: PZ 23--022    Version: 1
Type: Variance Status: Passed
File created: 7/27/2023 In control: City Council
On agenda: 8/21/2023 Final action: 8/21/2023
Title: Variance Request. BJ Package Inc., Balbir Sahdra To vary minimum distance from certain locations, per code of ordinances Sec. 3-120 - Alcohol License distance separation requirements for alcohol package sales. The property is located at 4481 Hiram Lithia Springs Road SW, within land lot 1046 of the 19th District, 2nd Section, Cobb County, Georgia. PIN: 19104600250.
Code sections: Sec. 3-120 - Distance from certain locations
Attachments: 1. Approved PZ 23-022, 2. Variance Application Packet Redacted, 3. Alcohol Distance Survey - 4481 Hiram Lithia Springs Road SW (Updated) Redacted, 4. Property Survey Redacted
Related files: AL-24-004, PZ 24-012
CASE NUMBER: PZ 23 -022
APPLICANT: BJ Package Inc., Balbir Sahdra.
VARIANCE REQUEST: To vary distance from certain locations, per code of ordinances Sec. 3-120, for Alcohol License distance separation requirements, for beer, wine, and spirituous package sales.
LOCATION: 4481 Hiram Lithia Springs Road SW
ZONING: CRC ACRES: 1.75 ac PIN: 19104600250

Staff Recommendation: Approval. Planning and Zoning: Approval.

BACKGROUND: The City of Powder Springs Code of Ordinances Sec. 3-120, provides that, for a license for package wine, malt and spirituous 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.
BJ package has operated continuously at 4400 Brownsville Road, Suite 106, since 11/24/2004. They operate as a traditional package store, offering beer, wine, and spirituous retail sales. The applicant seeks to grow their business operation by purchasing the standalone structure located at 4481 Hiram Lithia Springs Road and relocating from the nearby the Brownsville Plaza location.
The subject location was a purpose-built drug store, which most recently operated as Walgreens and has been unoccupied since that store's closure in February 2021.
The new location is within 300-feet of the nearest property line of a detached single-family home at 5038 Cherry Lane, and the nearest property line of Selig Multifamily which is currently under development.

SURROUNDING AREA: Zoning Map: Figure 1. Aerial Map: Figure 2. Distance Separation Survey: Figure 3.
Nearest Residence: 268 feet from a single-family home, located at 5038 Cherry Lane. Measured in a straight-line.
Nearest Church: 1581-feet to Linked Up Church. 4331 Brownsville Road. Measured in a straight-line.

The code of ordinances defines distance as, the measure in lineal feet of the most direct route of trave...

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