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Commissioners approve conditional-use permit for accessory dwelling at East Fayetteville Road
Summary
The board granted a conditional-use permit to allow an existing secondary structure at 1511 East Fayetteville Road to be used as an accessory dwelling unit (ADU), contingent on the applicant obtaining variances from the Board of Zoning Appeals for development-standard noncompliance.
The Clayton County Board of Commissioners on Jan. 29 approved a conditional-use permit to allow an accessory dwelling unit (ADU) at 1511 East Fayetteville Road in Riverdale, subject to the applicant's obtaining variances before the Board of Zoning Appeals.
Staff noted the property is zoned RS-180 and that the accessory structure measures about 768 square feet, under the ordinance's 800-square-foot minimum for ADUs. Staff also said the ADU exceeds the ordinance's cap on accessory-unit size relative to the primary home (the accessory structure is approximately 68% of the primary residence where the code caps the unit at 50%). The recommendation to the BOC was approval of use only, with variances and development standards to be addressed by the Board of Zoning Appeals.
Applicant comment and tax records
An applicant representative (present at the hearing) told the board that county tax-assessor records show both structures on the lot were built in 1957 and that the current request is for interior renovation only, not exterior changes.
Board action
Commissioner Gail Hambrick moved approval of the conditional-use permit; the motion was seconded and the board voted in favor. Staff reiterated that any dimensional or development-standard variances needed to make the ADU compliant must be considered by the Board of Zoning Appeals; the county's approval was limited to the conditional-use for the ADU itself.
Why it matters
The approval allows property owners to legalize the use of an existing secondary structure as a residence, provided the applicant secures any necessary variances. The board's conditional-use approval does not waive development standards; it permits the use pending BZA action on listed variances.
