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File #: PZ 24-022    Version: 1
Type: Variance Status: Passed
File created: 6/10/2024 In control: City Council
On agenda: 7/15/2024 Final action: 7/15/2024
Title: Variance Request. Intentional Church requests to vary the minimum acreage dedicated to the use required for a church. The property is located at 4110 Austell Powder Springs Road Suites 130 and 155, within land lots 946, 19th District, 2nd Section, Cobb County, Georgia. PIN: 19094600260
Attachments: 1. Executed PZ 24-022, 2. Letter (Pastor Guidry to Council), 3. Variance Application Redacted, 4. 164202e2-3cfb-48a4-9de3-127ee559776a_Redacted, 5. Intentional Church Draft 5-2-24 (2)
Related files: PZ 24-030
CASE NUMBER: PZ 24-022
APPLICANT: Pastor Anthony Guidry, Intentional Church
VARIANCE: To vary section 4-70 (b) minimum dedicated acreage requirements, to allow a church.
LOCATION: 4110 Austell Powder Springs Road, Suites 130 and 155.
ZONING: CRC PIN: 19090500180 and 19090500190

Staff Recommendation: Denial Planning and Zoning:

BACKGROUND: Staff is recommending denial of the variance because the criteria for variance is not met. Staff notes that a previous variance for acreage related to a church was granted in 2018 for Westgate Church. The Westgate Church case application differs from the subject application in that the size was 9000 compared to 4200 in this application. The code was established to ensure that churches and other places of assembly have adequate acreage to serve their needs including traffic, parking and separation from certain commercial uses. Staff recommends that should this variance be approved, Council consider a text amendment removing the size requirements given that no unique circumstances exist on this site.

Mr. Guidry leased retail space at 4110 Austell Powder Springs Road. He subsequently completed a zoning verification and learned that churches require a minimum of 2-acres solely dedicated to the use. The subject location is in a retail suite and is within the strip of shops managed by Hubert Properties.

Intentional Church wishes to house their church's congregation space in suite 130, and their offices in suite 155.

Churches and places of worship are permitted by right in certain commercial districts: O-I, NRC, CRC, and BP. The use requires special use approval in mixed use and residential zoning districts. Churches are subject to the specific use provisions of Sec. 4-170, for all zoning districts. The location of the proposed church does not meet the two (2) acre minimum requirement dedicated solely to the use Section 4-70 (a). The applicant is requesting a variance to this ...

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