Public Hearing: YES ☒ NO ☐ Department: Planning & Sustainability
SUBJECT:
Title
SLUP-17-21752 Ahmed Bangoura
Body
COMMISSION DISTRICT(S): 4 & 6
PETITION NO: SLUP-17-21752
PROPOSED USE: Late Night Establishment
LOCATION: 5475 Memorial Drive Suite D
PARCEL NO.: 18 069 02 003 (Portion of)
INFORMATION CONTACT: Marian Eisenberg
PHONE NUMBER: 404-371-4922
PURPOSE:
Application of Ahmed Bangoura for a Special Land Use Permit for a 1,255 square foot Late Night Establishment (Bissi Lounge) in Suite D of the Memorial Square Shopping Center in the C-1 (Local Commercial) District. The property is located on the south side of Memorial Drive and the west side of Village Square Drive at 5475 memorial drive in Stone Mountain, Georgia. The property has approximately 50 feet of frontage along Memorial Drive and 470 feet along Village Square Drive and contains 14.98 acres.
RECOMMENDATION:
Recommended Action
COMMUNITY COUNCIL: APPROVAL
PLANNING COMMISSION: DENIAL
PLANNING STAFF: DENIAL
PLANNING STAFF ANALYSIS: The applicant’s Special Land Use Permit (SLUP) application indicates that the proposed use is for a Late Night Establishment (LNE) to serve alcohol after 12:30 a.m. within 1,500 feet of property zoned for residential use. The Business License currently restricts the use of the property to “Restaurant” only. Based on investigation into the internet advertisements for special events and recent code enforcement citations (see attached special advertisements and Citation #030651 issued in July, 2017), it appears that the establishment is already staying open beyond 12:30 a.m. which is a violation of the zoning ordinance since restaurants must close by 12:30 a.m. Additionally, the advertisements suggest that the establishment is operating as a Nightclub since dancing and DJs are advertised. If the establishment is creating a temporary dance floor by moving chairs and tables around, then the application was improperly filed and should be re-filed to apply for a “Nightclub” use since dance floors are not allowed in Late Night Establishments. Since the establishment is already in violation of the zoning code regarding hours of operation and dance floors (based on their special event advertisements-see attached), Staff is concerned that the Zoning Code will continue to be in non-compliance (Section 7.4.6 J). Therefore, it is the recommendation of the Planning and Sustainability Department that the application be "Denied".
PLANNING COMMISSION VOTE: DENIAL 7-0-0. Osler moved, J. West seconded for denial per Staff recommendation.
COMMUNITY COUNCIL VOTE/RECOMMENDATION: APPROVAL 10-3-0