Decatur, GA — The property owners of 608, 612, 616 and 620 Commerce Drive are seeking to build missing middle housing units across those properties. They are also seeking variances from the front setback across all lots and from the side setback on the 616 lot.

The property owners told the Decatur Zoning Board of Appeals on Monday, April 8, that they would like to have five-foot setbacks instead of 10-foot setbacks to increase the buildable area and preserve trees on the lot. The ZBA deferred the application on Monday night and asked the applicant to come back with more information and detailed plans.

The Zoning Board of Appeals is appointed by the city commission to hear appeals of administrative decisions and requests for variances from the zoning requirements in the city’s unified development ordinance. The quasi-judicial board makes final decisions, which can be appealed to the DeKalb County Superior Court. Items before the ZBA do not go before the Decatur City Commission.

Matthew Morton and Shinan own the property, and Shinan is the project architect. Currently, the proposal is to construct two quadplexes and a duplex.

The lots are considered two lots, and up to 10 units can be built across them, which would be a quadplex and an accessory dwelling unit for each lot.

Although there are four lots, 608-616 Commerce Drive can be considered as one lot under the city’s unified development ordinance. 620 Commerce Drive would remain a separate property. The properties are located near the Decatur cemetery.

City Planner Aileen de la Torre told Decaturish that if the project consists of 10 units, it would have to comply with the city’s inclusionary housing ordinance, so two units would be set aside as workforce housing.

Morton and Shinan are looking to adjust the positioning of the buildings to preserve as many of the trees as possible. Morton added that some trees are in poor condition and need removal.

Pushing the buildings closer to Commerce Drive could provide more space between the property and the neighbors on Ponce de Leon Court. But one of the plans shows a concept drawing with driveways along the perimeter of the 608-616 lots that would go up to the property lines in the back of the parcels.

Morton added that having a building along Commerce Drive could “help cause the psychological effect for people to slow down more as opposed to speeding when they’re driving in that area” and could increase the area’s walkability.

Residents raised concerns about the trees, stormwater runoff, and traffic.

Matthew Mayheu’s backyard is adjacent to the site. He raised concerns about safety and car crashes on that lot as vehicles come around the curve on Commerce Drive.

“I’ve lived in my home for four years and there have been multiple cars in my lot as well as the proposed development property,” Mayheu said.

Mayheu said that in 2022, he put up a fence in his backyard, and within a year, another vehicle crashed into the fence.

“I urge the board not approve putting up houses right next to the street. It’s immensely dangerous to any residents, like a family. Putting in a driveway will make…an intersection and thus even more dangerous, especially if the residents try to turn into from across the road, which means cars coming around that corner will be blind to see that car and run into them,” Mayheu said.

He was concerned about stormwater runoff and said the properties along Ponce de Leon Court already struggle with flooding in their backyards.

“This feels like an overuse of such small, unbuildable lots…,” Mayheu said. “In conclusion, I do not support this plan due to the risk of life and a lack of planning to address the issues of impacted neighbors.”

Greg Ramsey said part of the issue with the proposal is there would not be a buffer between the sidewalk and the street.

“[I] appreciate the whole notion of pushing the buildings to the street, creating a more comfortable walking space and an urban space,” Ramsey said. “It’s a dangerous situation. It needs a substantial buffer. The existing sidewalk is perilous.”

He suggested that there should be a buffer of trees and sidewalk, “because right now it’s either untenable as a sidewalk or with houses right on top of it.”

Some residents were concerned about having a buffer between the rear of the proposed development and the homes on Ponce de Leon Court, and some warned there would be more vehicles parked on Ponce de Leon Court.

The ZBA members raised some concerns about whether the project is buildable and did not feel comfortable deciding on the variance without more detailed plans about the project. Two concepts were included with the application that caused some confusion about what the project would look like.

“Given the nature of the property, where it is, and the constraints with the land, conceptually, I’m in favor of granting at least the front yard setback, pushing the front of those units closer to Commerce, but I’m not quite sure what we’d be approving here in terms of the overall [plan],” ZBA Chair KC Boyce said.

He additionally wondered about the trees and said that in one of the plans, the hardscape would likely impact the critical root zone of several trees.

Board Member Brett Peanasky added that he was OK with the setbacks but found the rest of the project challenging.

“There’s no way this is buildable with the topography of that site,” he said. “Again, that’s not part of the variance analysis here because we’re just talking about setbacks. I walked that property, and I don’t see how you get back there from the street. It feels like there’s a lot to be thought about here in terms of a design.”

Peanasky worried that if the board granted the variance, the property owners would probably have to come back before the board with requests for other variances related to the tree ordinance, impervious surface, height, “or something that hasn’t been thought about yet. For me, it feels a little incomplete, even though I have no issue with the actual variances being requested,” Peanasky said.

Boyce encouraged the property owners to engage with the neighbors on Ponce de Leon Court and work with them to understand their concerns.

The city of Decatur is considering building missing middle housing on 600 and 604 Commerce Drive. The city is working with MicroLife Institute to come up with a design and is hosting public engagement sessions with the community.

Here are the two plans included in the variance application for 608-620 Commerce Drive:

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