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Commissioners deny request to keep two service miniature horses on less-than-2-acre lot
Summary
A request to reduce required lot size from two acres to 0.459 acres for two therapeutic miniature horses was denied after the board concluded the parcel did not meet zoning standards and the animals were not yet fully trained.
Cobb County commissioners on Sept. 20 denied a request to allow two miniature horses to be kept on a 0.459-acre residential lot, rejecting an application for a reduction in required acreage for horses and finding the parcel inconsistent with the county’s zoning standards.
The board voted 3-0 to deny Other Business Item 39, which sought to reduce the county’s two-acre minimum for horses to 0.459 acres at a property on Sansquah Lane (Landlot 697, Nineteenth District). The applicant listed on the agenda was Matthew Brady Owen; he was represented at the hearing by Jennifer Rosqueta, who described the animals and the household’s disability accommodations in detail.
Rosqueta told commissioners the household includes three people protected by the Americans with Disabilities Act and Fair Housing Act who would use two trained miniature horses, Luna (a foal) and Ashley (a 19-year-old mare), as service animals in training. "These animals are intended solely for the benefit of our immediate family, not for business, group home, or public program," Rosqueta said. She described training methods (clicker training, stall toileting, hoof boots for indoor access), a manure-management plan, a concrete pad with drainage for shelter, and a care schedule. Rosqueta also cited ADA and FHA guidance that recognizes miniature horses as service animals when individually trained to perform tasks.
Commissioner Sheffield, who led questioning, said the county must apply its zoning code consistently and noted the parcel is about 77% smaller than the two-acre requirement. Sheffield also raised timeline and verification concerns, saying Luna is in the early stages of halter and lead training and is not yet providing the full therapeutic services described. "By the testimony, she's not quite at a point where she can provide the therapeutic services that are needed within the home," Sheffield said and moved to deny the request.
Rosqueta disputed certain date details in the packet (for example, a birthdate and registration status for Luna) and said the family had been proactive in seeking approval to avoid future complaints. She described plans to transport animals in a horse trailer for any off-site therapeutic visits and said the family is building an 11-acre property that will later accommodate the animals more easily.
The motion to deny passed 3-0 with Commissioners Burrell and Cupid absent.
The board’s action denied the requested reduction in lot size; no accommodation was ordered or approved in its place. Commissioners and staff emphasized the distinction between reasonable accommodation under federal law and the county’s authority to enforce zoning standards when an accommodation would effectively change a land-use rule.
