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Commissioners deny rezoning and special‑use permits for O'Malley Lane personal care home applications

3667234 · May 22, 2025
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Summary

A developer's request to rezone an O'Malley Lane property and obtain a special‑land‑use permit for a personal care home for more than six residents was denied after neighborhood opposition and staff concerns about on‑site septic.

DeKalb County commissioners voted to deny two companion applications (rezoning and a special‑land‑use permit) from Regal Home Solutions for 5346 O'Malley Lane after sustained neighborhood opposition and staff concerns about on‑site sewage viability.

Staff recommended denial of the rezoning to RSM and said that the DeKalb County Health Department does not allow personal care homes for more than six clients to operate on on‑site septic systems. Residents from multiple nearby subdivisions organized through the South DeKalb Coalition, East DeKalb Community Coalition and local civic groups testified in force against the applications, listing concerns about blasting and construction on nearby parcels, traffic and emergency response capacity, the potential for damage to homes, and political contributions made around prior zoning actions.

Several speakers argued the land and topography were not suitable for higher‑density residential development; others said seller/owner disclosure and community notification had been imperfect. District commissioners and staff pointed to outstanding technical and public‑safety concerns and to community opposition.

After discussion, the board denied both items. Commissioners noted that an SLP for three or fewer residents is allowed by right in certain residential zoning districts and that the applicant may pursue a smaller‑scale licensed operation that meets county health and permitting requirements.

The denied rezoning and SLP will not be eligible for reapplication for the board's standard period unless the applicant withdraws or addresses the stated constraints; staff said any revised application would need to address septic, traffic and community concerns and follow the DCH licensing steps for residential care.