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On October 27, 2021, the City of Atlanta Office of Buildingsdirected by Greg Paceissued a building permit BB-202102624 to the applicant Reverend Timothy Flemming, Sr. and owner Campbellton Management for commercial construction sites 2775 Campbellton Road Southwest. The description of the project is “the installation of a parking lot, canopy and pumps for a proposed service station”. However, according to City documents, the building permit should not have been issued. The proposed gas station conflicts with the Atlanta zoning ordinance by being within 1,500 feet of an existing gas station located at 2661 Campbellton Road South West. Therefore, the plaintiff seeks an appeal against the administrative action.

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On January 5, 2022, Neighborhood Planning Unit R will review the permit and whether or not a recommendation to validate the current permit and the 1450 foot distance or whether the cancellation of the permit is appropriate. the Atlanta Zoning Adjustment Board will consider the appeal on February 3, 2022.

According to Atlanta’s zoning ordinance, the definition of “gas station” includes businesses that sell gasoline or tires in retail establishments. Additionally, the MRC’s Mixed Commercial Residential District regulations prohibiting a gas station within 1,500 feet of another gas station were adopted by the Atlanta City Council under Ordinance 18-O-1679 of March 4, 2019 and automatically approved on March 13, 2019.

According to the appeal documents, since the passage of the zoning ordinance amendment, where a plaintiff attempted to construct or renovate a gas station within 1,500 feet of another gas station, the Atlanta City Council passed an ordinance to waive distance requirements for certain specific properties. However, the Board did not waive the distance requirements for a service station located at 2775 Campbellton Road SW.

As the current distance between the two stations would be 1,450 feet, the issuance of a construction permit for the new station could render the site non-compliant.

Source: Official

Correction: This article has been updated to indicate that the applicant wishes to appeal the administrative decision.