Council approves variances for Mountain Top Circle house after county permitting error

The Blue Ridge City Council on July 21 approved two special‑exception variances for a home at 66 Mountain Top Circle after staff said the house was permitted and issued a certificate of occupancy by Fannin County before the city realized the parcel was inside the city.

Zoning Administrator Jennifer Bates told the council that the house, owned by Colin Michael Ferguson, was issued a county certificate of occupancy on May 12, 2026, and that the county had not recognized the property’s location inside Blue Ridge during the permitting process. Bates said staff recommended denying the front‑setback variance but recommended granting a five‑foot height variance due to the lot’s steep terrain. "The home was issued a certificate of occupancy by the county on May the 12th, 2026," Bates said.

Homeowner Olsen Best, who said he relied "in good faith on those approvals," asked the council to approve the variances or provide a path to seek a short‑term rental permit, noting the permitting error reduced his options and affected the property’s value. Neighbor Steve Smith said he sympathized with the homeowner but warned that approving variances could set a precedent and raised concerns about parking and access to a fire hydrant.

Council members debated whether to condition approval on additional off‑street parking. An amendment to require parking improvements failed for lack of a second; the original motion to approve both variances then carried. One council member summarized the council’s view in deliberations: "we all failed you," citing multiple steps in the process that missed the city’s jurisdictional status for the parcel.

Council and staff discussed following up with Fannin County to correct parcel records so similar errors do not recur. The vote approved the variances and closed the public hearing; the council did not record individual vote tallies in the transcript.

Next steps: staff said it will coordinate with the county to review property listings and correct records; the homeowner may pursue any administrative or legal remedies outside council action if desired.