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Planning commission denies rezoning request for 1313 McBryan Road to allow short-term rental
Summary
The planning commission voted unanimously to deny a request to rezone 1313 McBryan Road from R-1 to R-2 after staff warned the change would constitute spot zoning and could alter neighborhood character; the applicant said financial hardship prompted the request.
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The planning commission voted 3-0 on Nov. 3 to deny a request to rezone 1313 McBryan Road (Tax Map ID 169G-HD-019) from R-1, a single-family district, to R-2, a duplex district, a change the applicant said was needed to operate a short-term rental.
City planning staff told commissioners the change would introduce higher-density uses and could amount to spot zoning in an established single-family area. “Rezoning from a low density residential to a high density residential is spot zoning,” Mr. Howell said, warning of potential conflicts over noise, parking and transient occupancy.
The applicant, identified in the agenda as Sabrina Bradley, told the commission she had been unable to sell the small house and was struggling to cover the mortgage. “It’s just small… I couldn’t sell the property. I’m struggling financially,” she said, adding she planned to limit occupancy to about four people and provide two parking spaces and that she expected to host traveling nurses or construction workers rather than large family vacation groups.
Commission members pressed on the permanence of rezoning, noting that a zoning change stays with the land after sale and could enable future duplex construction. “When you start putting a rezoning in a particular lot surrounded by R-1s, then it’s kind of considered spot zoning,” a commissioner said, citing concerns about altering the Chatwood Subdivision’s single-family character.
Planning staff also clarified a technical distinction: a long-term monthly stay of 31 days or more is not treated as a short-term vacation rental and would not require rezoning, Mr. Howell said.
Commissioner Witt moved to deny the rezone; Commissioner Cornelius seconded. The commission voted by roll call: Cornelius — yes; Witt — yes; Chair (interim) Williams — yes. The motion to deny carried unanimously.
The facilitator told the applicant she could consult with Mr. Howell about next steps following the decision.
Why it matters: Commissioners framed the vote as protecting the integrity of an established single-family neighborhood and avoiding piecemeal rezoning that could set a precedent for further density changes.

