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Cherokee County panel approves rezoning to legalize longtime chiropractic office
Summary
The Cherokee County Planning Commission recommended approval of a rezoning and two variances to bring an existing chiropractic office at 5461 Bells Ferry Road into compliance with current zoning; no public opposition was recorded and the motion passed by voice vote.
The Cherokee County Planning Commission on Wednesday recommended approval of a rezoning and two concurrent variances that would bring an existing chiropractic office at 5461 Bells Ferry Road into compliance with current zoning.
Staff presented Case 2506016, saying the applicant seeks to rezone 0.685 acres from RM10 (residential multifamily) to Neighborhood Commercial (NC) to match the existing commercial use and to allow the property to be marketed in the future. Staff also described two concurrent variance requests: eliminating a required 30-foot undisturbed buffer adjacent to RM10 and reducing the side building setback from 15 feet to 8 feet; staff said both variances would allow the existing building, which sits about 8 feet from the property line, to remain in place.
Dr. Kelly, who identified himself as the property owner and the business operator, told the commission he has owned the property since 1984 and that the building has been used as a chiropractic office since May 1980. No members of the public registered in support or opposition during the public-comment portion.
During discussion, commissioners noted the practical hardship cited by staff — that the building cannot be moved — when considering the variance requests. A motion to recommend approval of the NC rezoning and the two variances was made and seconded; the commission approved the motion by voice vote. The staff report included a letter of support from a neighboring property owner with Bells Ferry Road frontage, which was provided with the application.
The county packet notes that rezoning to NC could allow other commercial uses under NC rules, and staff flagged that unrestricted NC could permit uses adjacent to residential parcels that may not be compatible; the commission’s action was a recommendation to the county commission (and any future permitting would be subject to standard county review).
No formal roll-call vote was recorded in the hearing transcript; the motion passed by the commission’s voice vote.
