2017-25 Granting Non-Conforming Use Permit 3350 West Marietta Street

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Book: 4566 Page: 1 STAFF REPORT Decatur City Plan Commission COMMON NAME: 3350 West Marietta Street GENERAL INFORMATION Hearing Date April 6, 2017 Calendar No. 17-11 Property Location 3350 West Marietta Street Requested Action Non-conforming Use Permit Petitioner Brian and Dawn Kendall Representative Mary Cave LAND USE AND ZONING Direction Existing Land Use Zoning Comprehensive Plan Subject Property Single-Family Residence, R-1 Residential-Low Density Commercial North Single-Family Residence County Residential-Low Density R-1 South Single-Family Residence R-1 Residential-Low Density East Single-Family Residence R-1 Residential-Low Density West Single-Family Residence County Residential-Low Density R-1 BACKGROUND I. The subject site consists of 0.45 acres and is currently developed with a single family structure and a detached accessory structure located at 3350 West Marietta Street. This site was annexed into the City of Decatur in October of 1995 and is currently zoned R-1 Single Family Residence District. 2. The petitioner has been operating a construction business from this location since its annexation into the City of Decatur in 1995. Prior to the annexation of this site the construction business was operating in Macon County as a home occupation. Macon County's Planning and Zoning Department has confirmed in a letter that the site was in conformance with the requirements for home occupation at the time of annexation in 1995. 3. The petitioner has provided numerous affidavits from neighbors having knowledge that a construction business has been located at the site ranging in time from 15 years to 34 years. 4. The petitioner has one (1) employee that reports to this location as an office employee. The office for the construction business is located in the house. PROJECT DESCRIPTION 1. The petitioner is seeking a non-conforming use permit to expand the existing business at the site by enlarging the detached accessory structure to allow for the storage of construction materials, six (6) work vehicles and two (2) JLG lifts. The non-conforming use of this property by Zoning Ordinance may continue in its current state. The expansion creates the requirement for a non- conforming use permit.