Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 04 Super District 07
Application of Regal Home Solutions, LLC c/o LaKisha Irby for a Special Land Use Permit to allow for a personal care home for more than six (6) individuals in the RSM (Small Lot Residential Mix) zoning district, at 5346 O’Malley Lane.
Body
PETITION NO: N6-2025-0289 SLUP-25-1247425
PROPOSED USE: Personal care home, more than six (6).
LOCATION: 5346 O’Malley Lane, Stone Mountain, Georgia 30088
PARCEL NO. : 18 019 03 019
INFO. CONTACT: Lucas Carter, Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of Regal Home Solutions, LLC c/o LaKisha Irby for a Special Land Use Permit to allow for a personal care home for more than six (6) individuals in the RSM (Small Lot Residential Mix) zoning district.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (April 2025) Denial.
PLANNING COMMISSION: (May 6, 2025) Denial.
PLANNING STAFF: Denial.
STAFF ANALYSIS: The applicant requests a Special Land Use Permit to allow a personal care home for more than six individuals in a single-family home on a 0.46-acre lot zoned currently zoned R-100. There is a companion application Z-25-1247426 to rezone the property to RSM (Small Lot Residential Mix). The subject property is located at 5346 O’Malley Lane and is surrounded by R-100-zoned properties, which are developed with single-family homes. These two zonings differ in development standards and may undermine the character of the neighborhood should anything new be built. The Comprehensive Plan designates this area as Suburban (SUB), where the intent is to support low-density development that encourages connectivity and preservation of neighborhood character. Staff finds the proposed use of the property as a Personal Care Home for more than 6 individuals to be inconsistent with the Suburban character designation due to its intensity and potential impacts on surrounding homes. The existing home does not appear to be adequately sized or equipped to support a facility of more than six residents, based on the dimensional requirements the home was designed for. Staff notes that while the site may be appropriate for a personal care home housing six or fewer adults, the proposal to exceed this number raises concerns regarding building capacity, code compliance, and neighborhood compatibility. Additionally, DeKalb County Health Regulations prohibit the use of on-site sewage disposal systems for personal care homes with more than six clients. Given that the site is currently on a septic system, this use would not be allowed by health regulations. The proposed use could also introduce a level of density and activity inconsistent with the surrounding single-family environment, potentially resulting in adverse impacts related to noise, excessive parking demand, and overall intensity of use. Interdepartmental comments also note that no on-street parking is permitted within 100 feet of the intersection. While the street network and emergency access appear sufficient to support the proposed use, the home was originally designed for single-family occupancy and may lack the public facilities, parking, and internal infrastructure required for a higher occupancy personal care facility. Furthermore, staff notes that the application does not clearly identify how many residents are intended, which presents compliance issues with supplemental regulations regarding minimum parking requirements and building layout. These deficiencies hinder the ability of the site to meet zoning standards for care facilities serving more than six individuals. The application does not propose any changes to the site’s ingress/egress or the structure’s footprint, and there are no known historic or environmental resources that would be affected. However, the scale and density of the proposed use may not be suitable given the lot size and surrounding residential character. The inconsistency between the intensity of the proposed use and the prevailing land use pattern of the neighborhood has led to concerns about appropriateness and potential disruption to the area’s character and tranquility. The proposal does meet the standard regarding the supplemental regulation for vicinity of other personal care homes, as the nearest is over 3,000 feet away. In summary, staff recommends ”Denial” of the request to allow a personal care home for more than six individuals. The proposal does not align with the intent of the R-100 or RSM zoning district or the Suburban character area, and it raises significant concerns related to density, infrastructure capacity, and neighborhood compatibility.
PLANNING COMMISSION VOTE: (May 6, 2025) Denial 6-0-0. LaSonya Osler moved, Winton Cooper seconded for denial, per Staff recommendation.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (April 2025) Denial 7-1-1.