Gas Station Building Permit Issued in Error Being Appealed

The proposed gas station is fifty feet shy of the required 1500-foot service station separation requirement.
Photo: Google Earth

On October 27, 2021, the City of Atlanta Office of Buildings, directed by Greg Pace, issued a building permit BB-202102624 to applicant Rev. Timothy Flemming, Sr, and property owner Campbellton Holdings for commercial site work at 2775 Campbellton Road SW. The project description is “installing a parking lot, canopy, and pumps for a proposed gas station.” However, according to City documents, the building permit should not have been issued. The proposed service station conflicts with the Atlanta Zoning Ordinance by being within 1,500 feet of an existing service station located at 2661 Campbellton Road SW. Therefore, the applicant is seeking an appeal to the administrative action.

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On January 5, 2022, Neighborhood Planning Unit R will review the permit and whether or not a recommendation to validate the current permit and distance of 1450 feet or if the permit reversal is appropriate. The Atlanta Board of Zoning Adjustment will review the appeal on February 3, 2022.

According to the Atlanta Zoning Ordinance, the definition of “service station” includes businesses that sell gasoline or tires at retail establishments. Additionally, the MRC Mixed Residential Commercial District regulations do not permit a service station within 1,500 feet of another service station was adopted by the Atlanta City Council as part of ordinance 18-O-1679 on March 4, 2019 and approved by operation of law on March 13, 2019. 

According to the appeals documentation, since the adoption of the zoning ordinance amendment, when an applicant has attempted to construct or renovate a service station within 1,500 feet of another service station, the Atlanta City Council has adopted an ordinance to waive the distance requirements for some specific properties. However, the Council did not waive the distance requirements for a service station located at 2775 Campbellton Road SW.

Because the current distance between the two stations would be 1,450 feet, issuing a building permit for the new station could render the site non-conforming.

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Source: Official

Correction: This article has been updated to reflect the applicant is seeking an appeal of the administrative decision.

Dr. Anita Archambeau

Anita Archambeau, DPA AICP, is a freelance writer, adjunct professor, and consulting urban planner. She has over 25 years of community and economic development experience in local government. When she’s not working, you can find her exploring local craft breweries, walking her two beagles, or traveling to visit her adult children living in New York City and Minneapolis.
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