Search Tags<Eddie Sayeg, R-20, R-15, Shallowford Road, Shallow Court, Rabbit Rescue Shelter>
Edie Sayeg, 770-992-0235, representing herself, requests a Land Use Permit for the purpose of a Rabbit Rescue Shelter
Located at the southwesterly intersection of Shallowford Road, and Shallow Court, District 16, Landlots 310 & 339, Parcels, 12 &13
Size of tract is: .8 acres
Current zoning: R-20
Contiguous zoning is: North: GC; East: R-15; South: R-15, NS (Heatherwood); West: R-20 (Cork Wren)
Future Land Use: Low Density Residential
Case Manager: Tanya Roberts
Planning Commissioner: Christi Trombetti
District Commissioner: Thea Powell
Proposed Use: Rabbit Rescue Shelter
Staff Comments:
Please click for Preliminary Zoning Analysis
Please click for Final Zoning Analysis
Staff recommends: Denial
ECCA recommends: Oppose. This petition is another case of an established business moving into a residential area and applying for a LUP. We are concerned with the intensity of the business with regard to the volunteers, number of people coming for adoptions, the store, boarding, grooming, classes and the deliveries to the rescue. While the applicant has made arrangements for overflow parking, the shopping center across the street would require people to run across three lanes of traffic on Shallowford Road without a light. The school also is a distance away, making Shallow Court the easy choice of people coming to the Rescue. We have had one complaint from the 3776 Shallow Court concerning the deliveries and the trucks blocking Shallow Court. There is nothing temporary with this application as the applicant purchased this house for the business. In addition, we are concerned with the potential of commercial encroachment into this residential area from the surrounding commercial area. We recommend denial with a reasonable period of time to relocate the business to an appropriate commercial area.
Planning Commissioners Action: Denied 5-0, but given to 12/31/10 to relocate
Board of Commissioners Action (Aug): Hold to see if retail portion of application can be removed.
ECCA recommends (September): ECCA opposes the granting of a LUP for 12 or 24 months for this property as this house was purchased as the permanent location for the rabbit rescue not for profit business. LUPs are for temporary, not permanent business locations in residentially zoned properties.
That being said, we acknowledge the location of this house fronting on Shallowford is unusual. This property is in the middle of three residentially zoned properties that front on Shallowford Road. One lot, 3780 Shallow Court, lies on Shallowford Road, between a pre-school and Shallow Court and is part of the platted Heatherwood subdivision. The other lot, 2250 Shallowford Road, is on the corner of Shallowford and Bryant Lane, just west of the applicant’s property. These properties are between two non-residential usages: a church to the west and a preschool to the east. There is also commercial to the north across Shallowford. It is unknown whether the houses on either side of the applicants desire to stay residential in the future, but what is done to the applicants property will directly affect their future outcome. These two lots should be also addressed at the same time as the applicants property; giving a consistent face to the south side of Shallowford Road.
We recommend that if the applicant decides to stay at this location, that they and 2250 Shallowford and/or 3780 Shallow Court, along with the consent of all the contiguous properties, request a change to the Future Landuse map to reflect the transitional nature of these three pieces of land. This would allow these properties to be zoned with the appropriate step down zoning in the future and provide safeguards to the adjacent residential properties.
Board of Commissioners Action (Sept): Approved 5-0 for 12 months subject to stipulations.