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File #: PZ 23--007    Version: 1
Type: Special Use Status: Withdrawn
File created: 2/28/2023 In control: City Council
On agenda: 3/4/2024 Final action: 3/4/2024
Title: Special Use Request to allow storage of business inventory within a portion of a residential accessory structure and to conduct sports and academic lessons. The property is located at 3152 Brooks Lane, within land lot 725 of the 19th District, 2nd Section, Cobb County, Georgia.
Indexes: SP - Develop and Promote a Safe City
Code sections: 4-170 - Home Occupations
Attachments: 1. Withdrawal Request Form - redacted, 2. PZ23-007. Withdraw WITHOUT Prejudice. 03042024, 3. PZ23-007. Revised Survey (1) Redacted, 4. Signed PZ 23-007 Tabled to July 17th, 5. Executed Motion PZ 23-007 to table to 05-01-2023, 6. notarized application Redacted, 7. Tabled PZ 23-007 to June 5, 2023, 8. Executed PZ 2023-007 to table to March 4, 2024, 9. Signed, 10. Withdrawn PZ 23-007
Related files: PZ 23--003
CASE NUMBER: PZ 23-007
APPLICANT: Minh Vy Nguyen and Craig Hawkins
SPECIAL USE REQUEST: Allow the storage of business inventory within a portion of a residential accessory structure and to conduct sports and academic lessons.
LOCATION: 3152 Brooks Lane, Powder Springs, Georgia
ZONING: R-20 ACRES: 5.62 PIN: 19072500120

Staff Recommendation: DENIAL

Planning and Zoning Recommendation:

BACKGROUND:
The applicant, Craig Hawkins, has installed a commercial outdoor recreational facility at 3152 Brooks Ln. He is seeking approval to continue the use of the R-20 zoned property. He is also requesting to store business inventory within a portion of the residential accessory structure. He has expressed a desire to provide academic and athletic instructions to youth and wishes to have up to an entire baseball team at the residence.

There is currently an artificial turf field and 8 bright LED pole lights installed (Appendix III shows light pollution from Macedonia Road). The non-compliant use has resulted in several code violations and neighbors have complained about the nuisance caused by the intense commercial lighting spilling over into their properties. The presence of the commercial recreational facility (code provisions in Appendix II) at the residential location threatens the character of the existing neighborhood.

This special use case was previously tabled because the large accessory structure's location conflicted with a sewer easement, and CCWS objected to its location. The new location for the large accessory structure, shown in figure 3, conflicts with floodplain development requirements.

Said structure was partially constructed without a permit and was recently voluntarily dismantled by the applicant. After the fact, a variance was granted to allow the accessory structure to exceed 50% of the size of the house (PZ23-003, approved 2/6/23). Additionally, an after the fact stream buffer variance was grante...

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