Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): Commission District 02 Super District 06
Application of CSS 18, LLC c/o Battle Law, P.C. for a Special Land Use Permit (SLUP) to allow a place of worship in the HR-2 (High Density Residential-2) zoning district, at 1600 Mount Mariah Road.
Body
PETITION NO: N3-2025-0047 SLUP-25-1247365
PROPOSED USE: Place of worship.
LOCATION: 1600 Mount Mariah Road, Atlanta, Georgia 30329
PARCEL NO. : 18 152 01 054
INFO. CONTACT: Lucas Carter, Planner
PHONE NUMBER: 404-371-2155
PURPOSE:
Application of CSS 18, LLC c/o Battle Law, P.C. for a Special Land Use Permit (SLUP) to allow a place of worship in the HR-2 (High Density Residential-2) zoning district.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: (Feb. 2025) Approval.
PLANNING COMMISSION: (March 4, 2025) Defer to BOC.
PLANNING STAFF: Full-Cycle Deferral_rev. 03.17.2025.
STAFF ANALYSIS: The application for a Special Land Use Permit (SLUP) at 1600 Mount Mariah aims to formalize the legal status of a place of worship that has operated for over 60 years. The property, rezoned to HR-2 in 2021, now requires the SLUP to transition the use into compliance with current zoning regulations per Section 27-4.1.3 regarding Places of Worship. However, the property’s decades of operation demonstrate functional adequacy, and zoning conditions from the 2021 rezoning waive setback and transitional buffer requirements, mitigating concerns about the building’s proximity to northern and eastern property lines. Bordered by a historic cemetery, vacant commercial land, and the Bryn House apartments, the place of worship has coexisted with its neighbors for decades. No adverse impacts on traffic, noise, or public services are anticipated, as the application does not propose expansions or operational changes. Existing infrastructure, including utilities, emergency access, and ingress/egress points, remains sufficient to support the use. Outstanding compliance issues, including the presence of a temporary construction trailer and a propane tank, require resolution to ensure safety and adherence to zoning standards. The trailer, originally permitted in 2022 for 23 months to support a nearby construction project, was subsequently repurposed for school use without proper authorization. This unapproved use resulted in a code compliance citation. While the SLUP focuses on formalizing the use rather than expanding it, there are public safety concerns pertaining to the trailer. As it stands, the trailer would require variances to formally comply in its as-built state. However, retroactive approval of variances is an atypical function of the Zoning Board of Appeals (ZBA) and would be unlikely to meet the five criteria for variance hardship determination per Section 27-7.5.3, as the hardship arises from the convenience of its placement rather than a legitimate zoning constraint. Should the Special Land Use Permit (SLUP) case be approved in its current condition, the applicant would likely be forced to move or rebuild the structure as part of the permitting process. Given these unresolved compliance concerns, a Full Cycle Deferral is recommended to allow time for verifying the trailer’s compliance with building code requirements and addressing the propane tank’s compliance with safety regulations. Resolving these issues is essential to ensure the site’s safety and to maintain the property’s legal status under zoning regulations. The application otherwise aligns with the HR-2 district’s intent and the comprehensive plan, which prioritizes community-serving institutions (Comprehensive Plan, Page 25, Section 2). The place of worship’s role in providing spiritual and educational services reinforces its value to the neighborhood, with no evidence of conflicts with broader planning goals. The property’s massing, and operational hours are unchanged, minimizing risks of shadow impacts or disruptions to adjacent properties. Its proximity to the historic cemetery also poses no threat to the site’s preservation, as no physical alterations are proposed. While the lot size remains non-conforming, the structure’s preexisting legal status and the absence of proposed modifications support approval of the SLUP once compliance issues are resolved. In conclusion, while the SLUP application largely satisfies zoning and planning criteria, unresolved trailer and propane tank compliance issues warrant a Full-Cycle Deferral to ensure all public safety and regulatory concerns are addressed. Therefore, based on Section 27-7.4.6 of the Special Land Use Impact Criteria, it is the recommendation of the Planning & Sustainability Department that the application be “Deferred, full cycle to the May zoning agenda” to allow time for the applicant to resolve outstanding compliance issues”.
PLANNING COMMISSION VOTE: (March 4, 2025) Defer to BOC 8-0-0. Jon West moved, Edward Patton seconded for a deferral to the Board of Commissioners’ March 27, 2025 zoning hearing.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: (Feb. 2025) Approval 8-0-0.