CASE NUMBER: PZ 22-023
APPLICANT: Malamav Community and Human Services, Inc. Owner: Kerline Piard. Attorney: Adam Rozen, Esq.
VARIANCE REQUEST: To vary Section 4-110 of the UDC related to distance separation requirements for group day care facilities.
LOCATION: 4045 Lindley Circle within Land Lot 905 of the 19th District, 2nd Section, Cobb County, Georgia.
ZONING: CRC ACRES: 0.63 PIN: 19090500380.
Staff Recommendation: Approval. Planning and Zoning Recommendation: Approval
BACKGROUND: Ms. Kerline Piard, owner of Malamav Community and Human Services, Inc., proposed to operate an adult day training center at the referenced location. She purchased the property in January 2022 and is currently in the permitting process to renovate the building with the intention to relocate the business to this new location.
Sec. 4-110 (e) of the Unified Development Code, related to distance separation of group care facilities, provides that:
A day care center operated as a principal use shall comply with all of the property development and performance standards for the zoning district in which it is located and shall not be located within 300 feet of any other day care center or group day care facility.
Malamav's facility is within 300 feet of South Cobb Children's Enrichment Center, located at 3984 Austell Powder Springs Rd SW.
SURROUNDING AREA:
4045 Lindley Circle is located at the intersection of Lindley Circle and Austell Powder Springs Road. Commercial uses within the CRC zoning district predominate in that area of Austell Powder Springs Road. Malamav is separated from South Cobb Children's Enrichment Center by 230-feet, as shown in figure 1. The other adult group care facility in the region, Serenity Adult Day Care at 4279 Austell Powder Springs Road, is located 0.6-miles (3168-feet) away from Malamav, as shown in figure 2.
Figure 1. Distance property lines of Malamav and closest group care facilities: 230.8-feet.
Figure 2. Separat...
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