Cobb County BZA approves three variances, denies one and continues another

The Cobb County Board of Zoning Appeals on March 12 continued one variance, approved variances for two properties with conditions and denied a separate request to place a shed in the front of a home.

The board continued variance case B28 (applicant: Vicki Beam) for one month at the applicant’s request to allow further plan work, the board’s county zoning manager, Mr. Peterson, told the panel. The consent agenda, amended to remove case B15, was approved before the board heard the pulled items.

Why it matters: The board’s decisions affect setback requirements, impervious-surface limits and use of gravel drive access in single-family neighborhoods. Several approvals were contingent on staff and agency comments, including CobbDOT and the county stormwater manager, which shape whether structures may remain as-built or must be altered.

In the most contested pulled case, variance B15 (applicant Heath Lawson), the board considered requests related to an 800-square-foot existing carport, a proposed 1,440-square-foot building and an existing 288-square-foot shed on a property on McCoy Road. Lawson told the board the carport was erected without a permit and asked to keep it in place, saying, “ignorance is not above the law,” and that he wanted to “leave our boat shed where it is.” Staff noted a neighbor (Mr. Johnson) had agreed to allow the structure if it was set 5 feet off the west and south property lines. After discussion the board voted to require the carport be moved 5 feet off the west property line and approved the variances subject to all CobbDOT and staff recommendations. The board recorded the motion as passed.

The board denied variance V32 (applicant Jermaine Jackson), which sought permission for a 160-square-foot accessory structure in front of a principal residence and a reduced 4-foot side setback on Old Concord Road. Jackson said the shed would allow the family to preserve backyard space for recreation and that the front location would be fenced. Jill Flam of the East Cobb Civic Association told the board ECCA found “no hardship” and recommended denial of the turnaround-related variance. The board’s motion to deny V32 passed.

Variance B36 (applicants James and Ruthie Segar) asked to reduce the side setback from 10 feet to 5 feet to allow a proposed one-story, 600-square-foot garage and to permit a 179-square-foot shed to remain at 5 feet (the applicant later said the shed would be removed). Michael Staley, representing the Segars, described the practical need to allow vehicle maneuvering; the Segars provided neighbor signatures supporting the application. The board approved B36 with the condition that the applicants coordinate landscape shielding with the county arborist to buffer the south property line; the motion to approve passed.

Other items handled on the consent agenda included routine variances affecting setbacks and impervious-surface calculations for properties across Cobb County (cases V17, V25, V30/V31, V33, V34, V35, V40). Several of those approvals were conditioned on CobbDOT or stormwater management comments; staff indicated one gravel-access comment from CobbDOT was not germane because the gravel access was at the rear of the property and not within 25 feet of the right of way.

Votes at a glance - B28 (Vicki Beam): Continued one month (applicant request). Outcome: postponed. - B15 (Heath Lawson): Approved with condition that the carport be moved 5 feet off the west property line and subject to CobbDOT and staff comments. Outcome: approved. - V32 (Jermaine Jackson): Denied (board determined lack of hardship and recommended locating structure to rear). Outcome: failed/denied. - B36 (James and Ruthie Segar): Approved with condition to coordinate plantings with county arborist to buffer the south property line; applicant confirmed the existing shed will be removed. Outcome: approved. - Consent agenda (amended to remove B15): Approved; included V17, V25, V30/V31, V33, V34, V35, V40; most approvals subject to CobbDOT or stormwater comments. Outcome: approved.

What the board said and next steps - Mr. Peterson (Cobb County zoning manager) read cases into the record, summarized staff recommendations and identified agency comments for several variances. - Applicants who received conditional approvals were instructed to work with staff to satisfy CobbDOT, stormwater management and any other listed conditions before permits proceed. - For B36 the board directed the applicants to meet with the county arborist on plantings to provide an appropriate visual buffer; that meeting is required before final permitting.

The board approved minutes and then adjourned; no further substantive zoning matters were raised at the meeting.