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File #: PZ 23--026    Version:
Type: Variance Status: Passed
File created: 11/20/2023 In control: City Council
On agenda: 1/16/2024 Final action: 1/16/2024
Title: Variance Request. To vary section 4-235 to allow accessory use of parking lot, and Table 2-4 to allow an accessory building to be located within the required minimum side and rear setbacks. The property is located at 3982 Austell Powder Springs Road, within land lot 905 of the 19th District, 2nd Section, Cobb County, Georgia. PIN: 19090500190.
Code sections: Sec. 4-235 - Accessory uses of parking lots and loading areas., Table 2-4 - Dimensional Requirements for Mixed Use and Non-residential Zoning Districts
Attachments: 1. Executed PZ 2023-026 Motion to Approve, 2. Variance Request Redacted, 3. Site plan, floor plan, shed exterior.
Related files: PZ 23--027, PZ 23--018, PZ 24-015
CASE NUMBER: PZ 23-026
APPLICANT: Dylon Holmes, Total Rage ATL, LLC.
VARIANCE: To vary section 4-235 to allow accessory use of parking lot, and Table 2-4 to allow an accessory building to be located within the required minimum side and rear setbacks.
LOCATION: 3980 and 3982 Austell Powder Springs Road, Powder Springs, GA
ZONING: CRC ACRES: 2.14 PIN: 19090500180 and 19090500190

Staff Recommendation: Approval Planning and Zoning:

BACKGROUND: Mr. Holmes proposes to operate a virtual reality (VR) game room, within a 280-sf accessory building, located in the parking lot of the Food Truck Park. The applicant has requested to o add the game room use to the conditions of approval of PZ23-018, July 17, 2023.

Mr. Holmes requested zoning verification and was denied for the proposed use while the shed was located at Arts for the Harp, on New Macland Road. He subsequently relocated the building to the food truck park without seeking zoning approval prior to the relocation. The zoning verification request after the fact was also denied at the food truck park, where the building currently sits.

The reason that the VR game room use is currently not allowed at the food truck park is because the stipulations of approval for the food truck park didn't not include it. Stipulation #2 detailed what was allowed:
The special use approval is for the food truck park, outdoor storage of food trucks, and the use of a modified shipping container for a point of sale.

The Unified Development Code's table 2-3 provides that, in the CRC zoning district, Indoor recreational facility is a permitted use.

The Cobb County Fire Marshall's Office (FMO) has approved the use of the accessory building, with a maximum occupancy of 5 persons. (Figure 4)

Mr. Holmes signed an agreement of permission to use the property. The 14 x 20 accessory building occupies approximately 2 parking spaces on the 3982 side of the property. There are a combined ...

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