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Cusseta‑Chattahoochee commission denies Lopez family’s Conditional Use Permit for 105 Mustang Drive

Unified Government of Cusseta‑Chattahoochee County Board of Commissioners · December 3, 2024
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Summary

After extended public comment and a petition from neighbors, the Unified Government of Cusseta‑Chattahoochee County on Dec. 3 denied a Conditional Use Permit to place a manufactured home at 105 Mustang Dr., citing neighborhood character and zoning concerns. The planning board had recommended approval.

On Dec. 3, 2024, the Unified Government of Cusseta‑Chattahoochee County Board of Commissioners voted unanimously to deny a Conditional Use Permit (CUP) sought by the Lopez family to replace an existing 1990 mobile home at 105 Mustang Drive with a new manufactured home.

The Lopezes’ application — for a 1‑acre lot in an R‑1 zone — had been recommended for approval by the county planning and zoning body. Janet Lopez told the board she bought the property to be near her son, who is in the military, and to support her family, including a teenager and a newborn, and that the current 1990 unit contains black mold. “We are trying to update the current property and give more value to the land,” Lopez said.

Neighbors from Mustang Drive and Mustang Court repeatedly urged denial. Matt McAdams, who distributed the county ordinance, argued the neighborhood is predominantly stick‑built and cited Appendix A.3 in the county zoning code, saying preowned manufactured homes are only permitted under limited conditions. “I just wish we can stick to the ordinance,” McAdams said. Several residents said existing manufactured homes on the street were grandfathered in and that no new manufactured homes had been introduced there in more than 20 years; the board was told residents collected signatures opposing the request (Commissioners later noted 44 signatures against the CUP).

Commissioners acknowledged the decision was difficult. Commissioner Jason Frost said the process “isn't perfect” and suggested the county revisit the CUP rules; Vice‑Chairman Timothy Biddle also said changes to the conditional‑use process should be considered. County Attorney Bin Minter explained that revising the process would require formal hearings. Chairman Charles Coffey noted the neighborhood’s petition and said prior changes to the ordinance — including removal of a former 5‑acre rule — had intended to aid tax base but had prompted “a wedge” in the community; Coffey also told the board the county is defending a $5 million lawsuit related to a prior decision.

After deliberation, Commissioner Biddle moved to deny the CUP; Commissioner Gerald Douglas seconded the motion and the vote was unanimous. Chairman Coffey and other commissioners apologized to the Lopez family for the outcome and wished them well.

The denial leaves the Lopez family’s immediate plans unresolved; planning and zoning’s recommendation and public testimony are part of the official record. Commissioners said they may review the CUP process in the future but did not direct a specific amendment at the Dec. 3 meeting. The public hearing portion of the meeting concluded at about 7:00 p.m., and the regular meeting proceeded with other business.