Alpharetta council approves rezoning for 41 Milton Ave, limits basement use to office

The Alpharetta City Council on Oct. 27 approved a rezoning and parking-in-lieu payment for 41 Milton Ave, allowing the property's roughly 997-square-foot basement to be converted for office use only and requiring the applicant to pay for three downtown parking spaces before receiving a certificate of occupancy.

Director Cook, the city planning staff member presenting the case at the public hearing, said the applicant requested rezoning from C-2 in the downtown overlay to allow a residential unit and to permit up to three parking spaces to be satisfied through payment into the downtown parking fund. "The basement area is approximately a thousand square feet," Cook said, noting the comprehensive land-use designation is Central Business District and explaining that "for an office, if an office was approved here, then 3 spaces would be required, a lump sum payment of 13,500" based on a $4,500-per-space in-lieu schedule.

The Planning Commission unanimously recommended approval with seven conditions and added residential dwelling as a permitted basement use. The applicant, Matthew Cudiarri, who identified himself as the owner-operator of a downtown hair salon and a resident at 41 Milton Ave, said he had no tenant identified and described multiple possible future uses, including an office extension for contractors or a small retail use.

Council members questioned the breadth of the original request, which sought retail, office or residential uses. Councilman Brady and Mayor Pro Tem Merkel said they were uncomfortable approving a broad, multi-use allowance that could permit a conversion to residential or a restaurant without clearer limits. Council members raised life-safety issues tied to residential conversion: Cook noted residential conversion would require an expanded sprinkler system and additional fire-rating of the ceiling and that the space meets two means of egress via a side exterior door and interior elevator access.

Mayor Pro Tem Merkel moved to approve the rezoning for 41 Milton Ave with the "sole use, at this time, of office" and to require payment in lieu for three parking spaces prior to issuance of a certificate of occupancy; Councilman Brady seconded. The measure passed 4-1. The council did not identify the dissenting member by name on the record.

The council also discussed signage and design-review requirements for any tenant. Cook said signage in the walkway is likely to be a small hanging sign subject to the Design Review Board and that the city could impose conditions limiting permitted retail to specific categories (for example, gallery, bookstore, specialty gift or studio) if council chose to narrow the allowance in the future.

Cook and the applicant emphasized practical constraints: the property is landlocked with no on-site parking to develop, downtown parking relies on nearby public decks (Milton Avenue parking deck is roughly 400 feet away) and the staff declined to support parking reductions for residential or restaurant uses. Under the city's parking-in-lieu schedule provided in the staff packet, one to five spaces cost $4,500 per space.

The council's approval limits the immediate change of use to office and leaves open the option for the applicant to return to the city for a different permitted use if he later secures tenants or funding for additional requirements.