Planning commission denies rezoning request at 202 Mountain Brook Drive

The Cumming Planning Commission on Jan. 21 denied a rezoning application to change a 0.72-acre parcel at 202 Mountain Brook Drive from single-family residential (R-1) to moderate-family residential (R-2).

Elvir Malekic, who identified himself as the son of property owner Murad Malekic, said the rezoning request was "to allow for the construction of an additional single family home for my own use, not to create a broader housing development or increase density beyond what is appropriate for the area." He said the new home would follow setbacks and lot-size requirements and would blend with the neighborhood.

Scott, city planning staff, said the subject property sits in the Mountain Brook Estate subdivision and totals about 0.72 acres. He told commissioners rezoning to R-2 "would allow for 2 family units [duplexes]" and that the property's future land-use designation is low-density residential. For those reasons, Scott said the rezoning "would not be in conformance with the city's comprehensive plan," and the staff recommended denial.

During discussion a commissioner asked whether the applicant could instead seek a variance; staff confirmed that if the rezoning is denied the applicant could immediately apply for a variance to allow a second dwelling while retaining the R-1 zoning.

A motion to deny rezoning request 2024282 based on the staff report was made, seconded and carried unanimously.

The applicant stated the plan is to build a second house for personal use, not a rental or duplex development. The commission did not specify additional conditions or a timeline; staff noted the applicant may pursue a variance following denial.