ZBA denies appeal as moot after staff and applicant align on Klondike Road preliminary-plat matter

The Zoning Board of Appeals on Feb. 18, 2025, denied as moot an administrative appeal filed by Glencore Services concerning the zoning interpretation for 2955 Klondike Road. The applicant had asked the board to rule on whether townhomes are permitted on the property under its current R-100 zoning within the Stonecrest overlay and whether a DeKalb County rezoning from 2008 applied to the parcel. Staff and the applicant informed the board that they had reached alignment on the core questions, and staff agreed to provide the applicant a written statement reflecting that alignment; in light of that, the board denied the appeal as moot.

Virginia Ive, counsel for the property owner Cordell Lyons and Glencore Services, said the case raised rights and vested-interest questions because the property owner had pursued and received DeKalb County review and approval of a preliminary plat earlier in 2024 and the owner had relied on that approval in purchasing and investing in the parcel. The applicant asked the board to confirm that the overlay allows townhomes on the R-100 parcel and to clarify that the 2008 DeKalb rezoning did not apply to 2955 Klondike Road.

The city attorney and staff told the board that city staff and the applicant were in agreement on the interpretation and that staff would provide the applicant a written alignment. Given that there was no outstanding administrative dispute for the board to resolve, a board member moved to deny the appeal for mootness; the motion carried by voice vote. The board recorded that no substantive conflict remained between the parties and that staff will issue the agreed-upon written clarification. The applicant requested the ability to proceed with a previously submitted preliminary plat and asked for the city to accept the DeKalb approval and move the matter forward; staff indicated next steps would be processing of the preliminary-plat submittal and written confirmation.