Council denies rezoning request at 2928 Palm Drive; property remains legal nonconforming use

The East Point City Council on Feb. 3 denied a rezoning request for 2928 Palm Drive that sought to change the zoning from R1A (single‑family) to R3 (multifamily).

Kimberly Smith, the city’s Planning & Zoning Director, briefed the council. She told members the property already has an administrative approval from August permitting duplex/triplex use and that planning staff and the planning commission had recommended denial of a full R3 rezoning. Smith said staff had discussed potential down‑zoning options with the applicant, but that an R2 designation (two‑family) would not meet the applicant’s financing needs because the site contains two units in the rear and a primary single‑family structure in front.

Smith told council the property’s existing configuration dates to the 1960s and operates as a legal nonconforming use. Staff cautioned that an R3 rezoning would constitute spot zoning and would be out of character with the surrounding single‑family neighborhood; staff noted R3 typically is directed to corners, intersections or areas already containing multifamily units. Council members raised concerns about allowing a zoning change that could permit a 4–8 unit multifamily building in the middle of a single‑family block.

Council Member Freely moved to deny the rezoning request; the motion was seconded and carried. The council made clear that the administrative approval that allowed the existing duplex/triplex configuration remains in effect and that the applicant may pursue other options outside the rezoning process if appropriate.

Why this matters: The decision preserves the neighborhood’s single‑family zoning pattern and prevents conversion to a multifamily zoning district that staff described as out of character in that block. Council members also requested that staff continue to enforce permitting and zoning rules and to provide clarity about grandfathered and administratively approved uses to neighbors who inquire.

Actions recorded: motion to deny by Council Member Freely; motion carried during the Feb. 3 session.