Hoschton planning commission approves accessory apartment and variance with one-occupant limit

The Hoschton Planning and Zoning Commission approved a conditional use permit (CU 25-01) and a variance (V 25-03) on an accessory apartment request for property owned by Matthew Travis Martin, voting to limit the unit to a single occupant.

Matthew Travis Martin, the applicant, told the commission the accessory unit is an existing 545-square-foot structure on his lot and is intended to provide adapted living space for his 80-year-old father without adding new footprint. "The goal is simply to improve it, which will be beautification for the area, and housing for my father," Martin said during public comment.

The commission heard that the building is a post-and-beam (pole barn) structure that will be reroofed, resheathed and have footings added under existing poles so it meets structural requirements for conversion to a dwelling. Staff confirmed the property is served by sewer and said code- and permit-related inspections under the International Residential Code (IRC) will apply when the applicant pulls a building permit.

Planning staff (Hugh) told the commission the request included variances to several requirements in the Hoschton zoning ordinance for accessory apartments, including setback and minimum-area rules. "Section 605, which regulates accessory apartments, does have a requirement for the architectural finish of the accessory structure and that it does have to be substantially similar to those of the principal dwelling on all elevations," Hugh said. Staff recommended conditions that address occupancy and said exterior materials should be substantially similar to the primary dwelling.

Commission discussion covered ownership signatures, exterior appearance and the unit's size and configuration. Commissioners asked whether the house and accessory structure would match architecturally; Martin said the intent is to preserve the current farmhouse/barn aesthetic (white house, red barn) while using higher-quality siding and replacing existing openings so the unit reads as part of the property. The applicant said the 545-square-foot footprint will not change and that there is an attic space that will not be used as habitable area.

On procedure, commissioners discussed that the conditional-use permit and variance needed separate motions and votes. The commission first approved the conditional use permit (CU 25-01) by voice vote. Later the commission approved variance V 25-03, with a stated condition limiting the accessory apartment to one occupant to address area-minimum language in section 6.05 of the zoning ordinance; the commission approved the variance on a motion and second and carried the motion by voice vote.

The commission noted that the application also raised a by-right vs. special-use issue: the applicant's lot includes a home-occupation, and the zoning text states an accessory apartment may not be permitted on the same lot as a home occupation unless a variance is granted. Commissioners asked staff to research how neighboring cities address accessory dwelling units (ADUs) and whether the city should consider changes to the permitted-use table to allow ADUs by right in some zones.

Next steps stated during the meeting: Martin must obtain the required building permits and inspections; staff will include the occupancy limitation in the variance approval documentation; and the commission asked staff to present a comparative study of nearby jurisdictions' ADU regulations at a future meeting.

Votes at a glance - CU 25-01 (Conditional use permit for accessory apartment, parcel H02051B): Approved by the Planning and Zoning Commission by voice vote; individual roll-call tallies were not specified in the meeting record. - V 25-03 (Variance to Hoschton zoning ordinance section 6.05: setbacks and area minimums): Approved with condition limiting occupancy to one adult; approved by motion and second with voice vote; individual roll-call tallies were not specified in the meeting record.