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Board amends land‑use permit condition to limit disclosure of current unrelated occupants to zoning division
Summary
During the consent agenda the board approved a temporary land‑use permit (LEP 27) but removed a requirement that the applicant provide the names of unrelated occupants to the zoning manager; the permit was modified to apply to the two current unrelated occupants for 12 months instead of requiring names be reported.
Commissioners approved a temporary land‑use permit but removed a privacy‑related reporting requirement.
On July 15 the board approved LEP‑27‑2025, a temporary land‑use permit for a property on Tim Rose Road that would allow an additional unrelated occupant beyond what the code normally permits. The planning commission’s recommended stipulation had required the applicant to provide the names of the unrelated occupants to the zoning division manager. At the hearing commissioners questioned whether requiring names constituted an invasion of privacy.
Why it matters: the board altered the planning commission’s condition to avoid setting a precedent for naming private residents in permit conditions while preserving a time‑limited approval that addresses the planning commission’s concern about the specific, currently‑present unrelated occupants.
Most important details - Zoning manager John Peterson confirmed the planning commission had added the condition because the unrelated occupants were students at Kennesaw State University and planning commissioners sought to limit the permit duration until the students graduate. - A commissioner argued a stipulation requiring names be submitted to the zoning manager “is a bit of overreach…a complete invasion of privacy.” The board asked the applicant if they would accept a modified condition limiting the permit to the “two current unrelated” occupants for 12 months; the applicant agreed. - The revised condition was accepted and the consent agenda — including LEP‑27 and two other consent items — passed on a 5‑0 vote.
Supporting details and background The planning commission recommended approval of LEP‑27 for 12 months with three conditions: allowing one extra unrelated person, providing the names of the two unrelated persons to the zoning manager, and compliance with Cobb DOT comments (no parking in the right of way). At the hearing, board members expressed concern about requiring names; staff indicated it was a planning commission condition and that staff would not object to removing the naming requirement. The board modified condition 2 to state the permit applies to the two unrelated people currently occupying the property for the 12‑month period.
Board action and next steps The consent agenda, as revised, was approved unanimously. The modified LEP‑27 approval allows the extra unrelated person(s) for 12 months and requires the applicant to return for renewal if they wish to continue the arrangement beyond that period. The record indicates the board intended to avoid a precedent of listing residents’ names in a zoning condition.
Sources and attribution This article draws on in‑hearing statements by John Peterson (zoning manager) and comments recorded from commissioners and the applicant.
