Legislation Details

File #: PZ 26-003    Version: 1
Type: Special Use Status: Passed
File created: 12/10/2025 In control: Council Work Session
On agenda: 4/6/2026 Final action: 4/6/2026
Title: Application for Special Use for a package store on property at 4093 Marietta Street, Suite C within Land Lot 904, of the 19th District, 2nd Section, Cobb County, Georgia. PIN: 19090400370.
Attachments: 1. Approved PZ 2026-003, 2. Work Session Minutes, 3. Alcohol Permit Survey, 4. GA State Rules for retail package liquor stores, 5. Application Redacted, 6. Picture of Site & Bldg, 7. 4093 neighbor list, 8. Updated Ad, 9. AD proof, 10. Affidavit, 11. Letter mailed to neighbors, 12. Pic of sign posted
CASE NUMBER: PZ26-003
APPLICANT: JATINKUMAR PATEL
SPECIAL USE REQUEST: To operate a package store in the Community Retail Commercial District (CRC), per UDC Table 2-3 which require package stores in CRC to have special use approval.
LOCATION: 4093 Marietta St SW Ste C
ZONING: CRC PIN: 19090400370

BACKGROUND: The applicant seeks to lease out Suite C to operate as a traditional package store offering beer, wine, and spiritous retail sales. The applicant indicated prior experience operating a package store for approximately ten years in Rome, GA, which was subsequently sold.
The City of Powder Springs Unified Development Code's (UDC) Table 2-3 provides that Package Stores within the CRC zoning district require special use approval. Additionally, UDC Sec. 3-120(b1) & (b3), 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.
The subject location was a bar/restaurant known as Bimini Bay and it has been unoccupied since that business's closure which was in October 2025. To receive approval for an alcohol permit, the applicant must first receive approval to satisfy the zoning conditions for special use approval.
The subject location is approximately 475 feet to the nearest property line of a vacant parcel of land at 3948 Old Austell Rd. The subject property is also surrounded by CRC and Mixed-Use District (MXU) and across the street is CRC and MXU as well. Behind the property and to the west is R-15 with the majority of residences being lived in.
Nearest Residence: Approximately 475 feet (vacant land with R-15 zoning), located at 3948 Old Austell Road. (Shown on Figure 3: Applicant's Alcohol Survey, larger blue dot)
AND
4140 Atlanta Street, Approximately 866 feet (Shown on Figure 3: Applicant's Alcohol Survey, smaller blue dot)
Nearest Church: Approximately 1,081 feet (Calvary Baptist Church), located at 3988 Powder Spring...

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