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Decatur BZA approves lot-area variance to split property at 323 Memorial Drive
Summary
The Board approved a subdivision and lot-area variance allowing one resulting parcel at 323 Memorial Drive to be 3,497 sq ft smaller than RSF-7 minimums so one parcel will conform and the other will remain legally nonconforming.
The Board of Zoning Adjustments voted March 30 to approve a subdivision and lot-area variance for property at 323 Memorial Drive, allowing one resulting parcel to be 3,497 square feet smaller than the RSF-7 zoning district minimum.
Planning staff explained the request (Case 260-430-02): the existing parcel contains two dwellings and the split is intended to separate a commercial convenience-store parcel from a residence. Staff recommended approval, saying the subdivision would allow wastewater infrastructure to be separated and would bring one resulting parcel into conformity while leaving the other as a legally nonconforming use.
Johnny Strong, representing petitioner Danita Strong, told the board they sought to “separate the properties” so the store can be owned separately from the house and confirmed existing structures would remain as-is. “We just trying to separate the properties…for the store to have that property and us to have our property,” Johnny Strong said.
After brief questions from the board and no objections from staff or public commenters, the board moved, seconded and approved the variance by roll call. The recorded affirmative votes included Chester Ayers, Cole, John Baggett and Chair Tom Polk.
Planning staff noted neither structure can be expanded and both uses will remain legally nonconforming; one parcel will meet the applicable lot-size requirement after the subdivision. The board recorded approval and the Planning Department will process the subdivision and related permit work.
