By John Schaffner

The Garden Hills neighborhood zoning watchdog and Neighborhood Planning Unit B are trying to deal through negotiations with a home that was completed in June at 2963 N. Fulton Drive despite appearing not to conform with zoning regulations for that location.

Bill Doughtery, who represents the Garden Hills neighborhood on the Zoning Committee of NPU-B, said the construction proceeded outside normal reviews and in violation of the zoning ordinances because of an administrative order signed by Ibrahim Maslamani, the director of Atlanta’s Bureau of Buildings.

The 6,986-square-foot, one-bedroom, two-story house is on a 9,600-square-foot lot zoned RLC (residential limited commercial). The lot measures 50 feet wide by 192 feet deep.

The footprint of the structure is estimated at 3,400 square feet or more, and it apparently violates the open-space zoning requirements. Instead of the required 20-foot setbacks, it has room for 7-foot setbacks.

Another violation is in the actual vs. allowable floor area ration (FAR). The building is double the allowable FAR.

The home, owned by Harold Anderson, has just one bedroom; workout space takes up the bulk of the house.

North Fulton Drive and the neighboring streets between Peachtree Avenue and Pharr Road are a mixture of single-family homes and small homes converted to business use.

Doughtery and others in Garden Hills and on the NPU-B Zoning Committee and board are seeking to ensure that 2963 N. Fulton Drive is not transformed into commercial use. They have filed an appeal with the Board of Zoning Appeals, which is scheduled to take up the issue Dec. 18.

The NPU-B Zoning Committee voted Nov. 25 to defer a decision on what it wants done with the nonconforming property, giving the Garden Hills neighborhood representatives and the property owner time to reach a resolution.

The neighborhood’s primary interest is in getting a restriction placed on the property, forbidding it from ever being transformed into commercial use.