East Cobb Zoning & Development

Birrell calls accessory dwelling units proposal ‘a bad idea’

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Cobb commissioners on Tuesday heard about proposed code changes regarding secondary housing units on residential properties.

At a work session, Cobb officials presented language that would create accessory dwelling units (or ADUs) that could be built in a residential backyard (you can read the proposal here).

The small units—of up to 850 square feet, with a limi of one unit per lot—are seen as a way to provide more affordable housing.

Chairwoman Lisa Cupid said that ADUs wouldn’t be a “panacea,” but what’s been proposed, she added, “are lower-bar considerations for addressing housing affordability in Cobb County.”

The proposed code changes also would alter the definition of a family, permitting up to three unrelated adults (the current limit is two) and up to six children.

The proposed Cobb ordinance would require an ADU to be permanently structured and hooked up to utilities serving the primary home. It could be detached, but it must be in a backyard area only.

The property owner also must live on the premises and the smaller unit could not be used as a short-term rental. An ADU must meet existing setback and impervious surface limits

In addition, a homeowner wishing to add an ADU would have to obtain a special-land use permit from the county, according to a revision that went out to commissioners on Monday.

Another measure would increase the maximum parking for five cars (currently limited to four) in a driveway or garage and another vehicle off-street.

But Republican commissioners JoAnn Birrell and Keli Gambrill questioned much of the language in the proposal as well as the the number of unrelated adults and vehicles on a single property.

They reflected concerns that the single-family nature of many areas of the county would be dramatically altered with ADUs.

The current code allows for such home renovations as in-law suites and converting basements into separate living units that must be permitted by the county.

The proposed code amendments are set for public hearings and possible approval in November, but Gambrill wants the county to hold off for “at least the next year” to allow homeowners associations the time to sort through how restrictive covenants may for such purposes be conflict with ADUs.

There also are issues over whether a property with an ADU would be able to claim a second homestead exemption from property taxes.

Birrell, whose District 3 in East Cobb is heavily single-family residential, called the proposal “a bad idea to do, period. We’ve been flooded with e-mails in opposition. I’m glad we’re having this discussion today but I think a lot of the perception may be wore than it is. I’m not supporting this. It doesn’t make sense.

“If somebody wants to add on to their home, they can do that now,” she said. “We get zonings all the time that are way too dense, have 10 variances, and they could still get approved.”

Gambrill, who represents District 1 in north and west Cobb, added that “a statistic was given to me that 85 percent of eligible properties for these ADUs” are in Districts 1 and 3.

Commissioner Jerica Richardson of East Cobb, who recently had a baby, was not present at the work session.

Commissioner Monique Sheffield of South Cobb said that “I appreciate that we’re having this conversation” and she also has heard from constituents concerned about the proposal.

“The belief is that we’re going to create rental units behind single-family residences,” she said. “This is not that. Hopefully the perception and the understanding will be different.”

Cupid said that “I understand the concerns but I don’t perceive the need to wait for a whole year to get some answers on some things.

“The way that people are living is changing, and housing affordability is changing,” she said. “This is one tool and I don’t know how robust of a tool this is compared to other tools.

“You keep several tools available because at some point in time one of them may be helpful for us wanting to fix something. The thing we’re trying to fix is providing places for people to reasonably live in our county.”

The hearings for the proposed code amendments are scheduled for 9 a.m. Nov. 12 and 6 p.m. on Nov. 21, with tentative approval scheduled for the 7 p.m. voting meeting on Nov. 21.

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Cobb commissioners to hear accessory dwelling units proposal

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Cobb FY 2025 budget adopted

The Cobb Board of Commissioners will hold a work session Tuesday on proposed code amendments that are scheduled for November hearings.

The last one is a proposal to allow small homes of up to 850 square feet in residential back yards.

They’re called accessory dwelling units (ADUs), that we noted a couple weeks back when the county had to advertise the hearings.

The ADUs as proposed (draft amendment here) could house up to three unrelated adults and up to six children, as well as maximum parking for five cars in a driveway or garage and another vehicle off-street.

Unlike “tiny houses,” which are mobile, the ADUs under the proposed Cobb ordinance would be required to be permanently structured and hooked up to utilities serving the primary home.

The property owner also must live on the premises and the smaller unit could not be used as a short-term rental.

The ADU proposal is meant to address housing affordability issues, but few local jurisdictions allow them, and

The work session begins at 1:30 Tuesday in the second floor board room of the Cobb government building (100 Cherokee St., downtown Marietta).

There is no public comment period; the full agenda can be found by clicking here.

Other code amendments to be presented include proposed changes regarding film permits (economic development), alcoholic beverage licenses, the county plumbing code, land disturbance activities, door-to-door sales permits, subdivision plats and sewer and wastewater approvals.

The hearings are scheduled for 9 a.m. Nov. 12 and 6 p.m. on Nov. 21, with tentative approval scheduled for the 7 p.m. voting meeting on Nov. 21.

Commissioners typically hear code amendments in January and September, but the county hasn’t said why they’re coming up now.

You also can watch the work session on the county’s website and YouTube channels and on Cobb TV 23 on Comcast Cable.

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Cobb proposes ordinance allowing accessory dwelling units

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A series of proposed code amendments to be heard by the Cobb Board of Commissioners in November includes a measure that would permit small homes to be built in residential backyards.Cobb proposes ordinance allowing accessory dwelling units

What are called “accessory dwelling units,” or ADUs, would be allowed in most residential zoning categories. They could be as large as 850 square feet and house up to three unrelated adults and up to six children, as well as maximum parking for five cars in a driveway or garage and another vehicle off-street.

Unlike “tiny houses,” which are mobile, the ADUs under the proposed Cobb ordinance would be required to be permanently structured and hooked up to utilities serving the primary home.

The property owner also must live on the premises and the smaller unit could not be used as a short-term rental.

Only a few counties in Georgia allow ADUs, which have been touted as a way to address housing affordability issues.

Cobb’s average home sales price surpassed $500,000 for the first time in 2024.

Developers also promote ADUs as a way for homeowners to earn rental income (example recently in the city of Atlanta) or to provide housing for a family member, such as a senior, and for college students.

The proposed ADU code amendment (you can read it here) will first be heard by the Cobb Planning Commission on Nov. 5, followed by public hearings to be held by Cobb commissioners on Nov. 12 and Nov. 21.

The county distributed the proposed code amendments (summarized here, with links) but hasn’t publicized the upcoming hearings nor has it explained explained why the ordinance is being subject to revisions now.

Typically Cobb updates its ordinance twice a year, in January and September, but that pattern hasn’t happened recently.

East Cobb News has left a message with the county seeking comment and further information, and has contacted District 3 commissioner JoAnn Birrell as well.

Richard Grome, president of the East Cobb Civic Association, said his group is analyzing all the proposed code amendments, but “we are not at a point in our analysis, at this time, to make a definitive announcement or take a position on any of” them.

Cobb’s current ordinance permits no more than two unrelated adults living together, and one vehicle for every 390 square feet of living space.

There aren’t provisions for allowing ADUs, but the proposed code amendment stipulates the following:

a. ADU shall not exceed 50% of the gross square footage of the primary single-family dwelling unit or 850 square feet.

b. ADU shall be no more than one-story in height, not to exceed the height of the primary single-family dwelling unit.

c. A minimum of one off-street parking spot shall be provided for the ADU.

d. ADU shall be connected to the utilities meters of the primary structure.

e. ADU shall be located only in the rear yard, and shall adhere to the side and rear yard setback of the primary structure.

f. Maximum impervious surface coverage for the lot shall not exceed the zoning district limitation.

g. ADU must adhere to all other standards for accessory structures in the zoning district.

h. There shall be no more than one ADU per single-family lot.

i. ADU shall not be utilized as a short-term rental property.

j. The owner(s) of the property shall reside in either the primary single family-dwelling unit or the ADU.

k. Property owner(s) shall sign an affidavit stating that the ADU is not in conflict with any applicable covenants, conditions, deed restrictions, or bylaws.

ADUs have been mentioned as part of a Cobb Unified Development Code that was first proposed in 2021 but has been put on hold.

There were public meetings last December, and tentative plans for more feedback and adoption in 2024, but nothing further has been issued since an outside consultant released this code assessment in November 2023.

It didn’t specifically mention adding ADUs to the code, but it does call for reviewing and updating accessory uses and structures.

“The list of accessory uses will include some of the current accessory uses, with definitions and standards as appropriate. It will also include additional accessory uses or structures that may be appropriate, such as automated teller machines,” wrote the consultant, Clarion Associates LLC, a nationwide land-use and planning firm.

County officials said the UDC was a long overdue measure to streamline development standards and zoning categories.

But some Cobb residents declared the UDC to be a “war on the suburbs” that would increase density in traditional single-family neighborhoods.

County officials have contended that in response that “what you see in your neighborhood is going to pretty much be the same.”

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Lion’s Gate continues special events after ‘misunderstanding’

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Lion's Gate continues special events after 'misunderstanding'

A request for a land-use permit at the Lion’s Gate Estate luxury rental home on Paper Mill Road has been withdrawn by the property owner.

That’s because such a permit isn’t needed to hold special events there, according to Dennon Smith, the representative of his family’s nearly 18,000-square-foot French Mediterranean mansion across from the entrance to Atlanta Country Club.

He told East Cobb News that a recent weekend rental there led to a noise complaint by a neighbor, who suggested that Lion’s Gate obtain a land-use permit for special events.

As a rental property, Lion’s Gate allows up t0 20 people to stay overnight (and up to eight couples on the upper floor), with a maximum of 12 vehicles allowed at any given time.

Smith said the property has received all the proper permits since it was converted from his family’s home to a rental estate in 2018.

He said that after filing for the land-use permit—which was to have been considered by Cobb officials this month—county zoning staff said the property was properly permitted for that use.

“It was a kind of misunderstanding,” said Smith, who grew up in the home and graduated from Walton High School.

“We realized that this was kind of redundant.”

He said the incident in question took place “on a weekend where there were guests in the home” but that the specific use of the home was not considered a special event.

Smith said neighbors have been notified of the matter and that “it’s not a big deal.”

The land-use permit would have increased the permitted parking to up to 50 cars, as long as those renting the facility hired a valet service.

The Lions Gate home (website here) was built in 2003 and sits well behind the gates fronting Paper Mill Road. The residence has 15 rooms, as well as nine fireplaces and space for dinner parties, weddings and family gatherings and weekend retreats.

There’s also a movie theater with a 3-D projector, a disco room, two bars and a wine cellar.

In addition to serving as a venue for weekend and holiday retreats, Lion’s Gate holds weddings and other kinds of special events, including dinner parties and family gatherings, as well as such events as post-prom parties.

Smith said the property holds a couple of special events a month, and is the setting for occasional film production work.

There are noise monitors all throughout the gated 3.21-acre property which includes a 40,000-gallon swimming pool, but he said there haven’t been many complaints.

“We know the neighbors well,” said Smith, who added that the family also operates a similar rental property in the North Carolina mountains.

When Cobb revised its short-term rental ordinance in 2022, Smith said Lion’s Gate updated its permit to conform to the new requirements.

Smith said the business generated from the rentals has been a healthy one, and “it allows us to keep the house in the family.

“We didn’t want to quite let it go, and [making it a rental facility] was sort of a compromise.”

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NE Cobb restaurant owner withdraws liquor store appeal

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NE Cobb restaurant owner withdraws liquor store appeal

Following up last week’s story about the possible conversion of the Bay Breeze seafood restaurant on Canton Road into a liquor store:

The applicant has withdrawn his request to appeal two denials of a retail liquor permit.

During a Cobb Board of Commissioners meeting Tuesday, Parks Huff, an attorney for restaurant owner Steve Constantinou, said his client wished to withdraw with prejudice.

That means that the case cannot come back up again. Huff did not explain why his client is withdrawing.

Commissioners were scheduled to hear the appeal on Tuesday, which followed months of attempts to get a liquor permit and after substantial community opposition.

The he Cobb Business License Division Manager and agency’s review board both turned down the application by BSC Packing LLC to operate a liquor store at the Bay Breeze site at 2418 Canton Road.

The 10,000–square-foot building is 177 feet from a residential property line. The county code allows denial of an alcoholic beverage license if a location is within 300 feet.

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East Cobb Whataburger plans, baseball fields approved

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East Cobb O'Charley's restaurant closes

After several months of delays, the Cobb Board of Commissioners on Tuesday approved site plan changes at a vacated restaurant in East Cobb for a Whataburger location.

The board voted 4-0 to approve changes that would allow Whataburger to convert the former O’Charley’s site on Sandy Plains Road at Shallowford Road into a 7,000-square-foot fast-food restaurant with drive-through service.

Stipulations approved for the O’Charley’s rezoning in 1999 included restrictions against those uses.

“Since that time, the world has become a different place,” said Kevin Moore, an attorney for Whataburger, explaining a built-up corridor with several commercial and retail complexes.

O’Charley’s closed last year on former Gordy Family land that is subject to an architectural control committee, which has been working on landscaping details that will have to come back to commissioners.

“Instead of a dark O’Charley’s, we have a brand new Whataburger.”

On the consent agenda, the board also approved a special-land-use permit for a baseball complex on 12 vacant acres on Jamerson Road, between Lake Drive and Lee Waters Road near Kell High School.

It’s located adjacent to the East Cobb Baseball complex and will have a 5,000-square-foot barndominium, a 14,400-square-foot batting cage facility, a 600-square-foot concessions building, and two baseball fields (agenda item here).

The hours will be from 7 a.m. to 10 p.m. daily for the baseball fields and concessions, from 8 a.m. to 8 p.m. daily for the batting cage facility, and from 9 a.m. to 5 p.m. daily for the barndominium. A total of 173 parking spaces would be built at the complex.

The land has been zoned residential and includes a small lake along Lake Drive. The applicant, Blake Bondurant, has been a coach at East Cobb Baseball, a youth travel baseball organization.

In a 3-1 vote, a two-acre low-density residential lot near Atlanta Country Club was rezoned to a medium-density zoning category to split the parcel into two for the construction of a home.

Murray Gray sought rezoning from R-80 to R-40 for another home adjacent to an existing residence on the east side of Atlanta Country Club Drive and the south side of Paper Mill Road (case filing here).

He’s the owner of the existing home at 101 Atlanta Country Club Drive; the second lot would front Paper Mill Road.

While Commissioner Jerica Richardson made a motion to approve the request, Commissioner JoAnn Birell was opposed due to a nearby resident in opposition.

Commissioners voted to continue another East Cobb application until September.

Naushad Ahmed is seeking reduction of of required public road frontage at the western end of Hembree Drive from 75 feet to 28 feet for a residential development.

Ahmed, who occupies a home there on 1.41 acres, wants to divide the parcel into two two lots to build another home zoned at R-30. The staff analysis states that the back lot has only 28 feet of frontage and needs the reduction in order to meet zoning requirements.

The continuance is needed due to insufficient public notice, and six people turned out in opposition Tuesday (case file here).

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Scene in East Cobb: Waterfront Drive closed for relocation

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Waterfront Drive closed for construction

Last week we drove along Waterfront Drive—which bisects the so-called “JOSH” mixed-use development at the southwest corner of Johnson Ferry and Shallowford Road—as work crews continued grading work.

This view looks out at what was called Maddox Lake, but will soon be the new route for Waterfront Drive.

The homes that were located along this stretch, east of Waterfront Circle, were torn down months ago.

Signs were out on Monday noting the closure of Waterfront Drive at Johnson Ferry Road; a December completion timetable at the earliest is estimated.

The first map below from Cobb DOT shows the current intersection with a blue star; the new intersection is shown with the purple star to align with the entrance to the Shallowford Falls Shopping Center.

The second map, an aerial rendering of property via the Cobb Tax Assessor’s Office, shows the new Waterfront Route in turquoise; it heads eastbound just above the dredged-up lake area, which is in a designated flood plain

The lake was named after former Gov. Lester Maddox, who lived nearby after his retirement from politics. Above the former lake will be the East Cobb Church, sitting on 20 acres. Below the flood plain area will be single-family homes on 12.9 acres that were the major bone of contention from nearby residents in Mar-Lanta during rezoning.

For the time being, the primary ways they can reach their neighborhood is from Mar-Lanta Drive at Shallowford Road and from Manor House Drive via Lassiter Road.

East Cobb Church had been meeting for Sunday afternoon services at Eastside Church but is now meeting temporarily in Roswell. The church, part of North Point Ministries, got rezoning from the Cobb Board of Commissioners for the full 33 acres in October 2021.

It then then sold to the residential portion of the property to Ashwood Atlanta, which is planning to build single-family detached homes.

East Cobb Church got a land disturbance permit from the county in March 2023. But construction has been delayed substantially due to dam reconstruction on the former lake site to accommodate the road relocation.

The church will have 125,000 square feet of worship and other indoor space, plus a parking lot.

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East Cobb Zoning Update: Whataburger delayed; farmers market OK’d

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East Cobb O'Charley's restaurant closes

There’s been another delay in Whataburger’s plans to open a restaurant in East Cobb.

The Texas-based chain asked for another continuance from the Cobb Board of Commissioners Tuesday as they iron out plans to revise a site plan on what had been O’Charley’s restaurant at Sandy Plains and Shallowford roads.

Cobb Zoning Division manager John Pederson said at the start of Tuesday’s zoning hearing that the applicant wants a delay to the Aug. 20 hearing for work on architectural landscaping, and the board approved that request 4-0.

Chairwoman Lisa Cupid was absent.

It’s the third time the request has been delayed. Whataburger wants to replace the existing structure with a new 7,000-square-foot building with drive-through space and parking.

Stipulations restricted uses for fast food and drive-through service, and an initial review of the application concluded additional parking would be needed.

Later in the hearing commissioners voted to approve a special land-use plan for St. Andrew United Methodist Church to hold a farmer’s market every Saturday on its property on Canton Road at Blackwell Circle.

The vote was 4-0 for the Blackwell Farmer Market, which is open Saturdays from 9 a.m. to 12 p.m. through Sept. 28. It features local vendors selling produce, meats, breads, baked goods and other artisanal food items in a portion of the parking lot at the church

The permit is for 24 months, and comes after the Cobb Planning Commission recommended approval.

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Planning Commission OK’s farmer’s market at NE Cobb church

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Planning Commission OK's farmer's market at NE Cobb church
The Blackwell Farmers Market held a grand opening June 22. (St. Andrew UMC Facebook page)

The Cobb Planning Commission on Tuesday recommended approval of a land-use permit for a church in Northeast Cobb to operate a weekly farmer’s market on its premises.

A consent item on the agenda said that zoning staff recommended approval of a temporary 24-month permit for St. Andrew United Methodist Church to run the market on Saturday mornings.

The Blackwell Farmers Market features local vendors selling produce, meats, breads, baked goods and other artisanal food items in a portion of the parking lot at the church (3455 Canton Road, at Blackwell Circle).

The hours would be from 8:30 a.m. to 1 p.m. on Saturday, and the agenda item stated expected business would be between 100 to 200 customers a week.

The market held a grand opening June 22 and is scheduled to continue through the end of September, with temporary 9-12 Saturday hours.

There are roughly 150 available parking spaces on the lot, and there would be no deliveries on the day of the market, according to the agenda item. Vendors bring their own food supplies.

St. Andrew said that between 3-6 volunteers oversee the market each week, and there is a dedicated manager on duty with specialized training.

According to an April 18 stipulation letter, Blackwells Farmers Market will not allow loudspeakers to be used when the market is open. Vendors also must comply with local food health regulations, and no open-flame cooking is allowed.

The church initially applied for the land-use permit in March.

“Committed to fostering a healthier, more connected neighborhood, our market thrives on providing fresh, locally-sourced foods while serving as a hub for the diverse families in our area,” the market said on its about page.

“With a dedication to offering wholesome options and supporting local growers, we aim to nourish both body and spirit.”

The Planning Commission’s recommendation goes to the Cobb Board of Commissioners, which will make a final decision on July 16.

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East Cobb Whataburger site plan request continued again

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East Cobb Whataburger site plan request continued again

The Cobb Board of Commissioners voted Tuesday to continue a requested site plan change by the Whataburger hamburger chain for a proposed restaurant in Northeast Cobb.

The vote was 5-0 to delay a hearing until July; the case was initially scheduled to be heard in May but was continued.

During a Tuesday zoning hearing, Cobb Zoning DivisionManager John Pederson said the applicant needs another month to work on the plans, which require changing stipulations in uses of the property where the O’Charley’s restaurant was located on Shallowford Road at Sandy Plains Road.

The stipulations include restrictions against a fast-food restaurant and anything with a drive-through service. Whataburger wants to convert the 7,000-square-foot building for a sit-in restaurant with double drive-through service.

The land was rezoned in 1999 and an Other Business approval in 2000 permitted the opening of the O’Charley’s, which closed last year. The 1.3 acres at 3550 Sandy Plains Road formerly belonged to the Gordy family.

Any changes on those former Gordy properties in the area include a review by a special architectural control committee.

That process still hasn’t taken place, and Commissioner JoAnn Birrell said Tuesday she wants that completed before the matter comes up for a hearing.

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East Cobb zoning update: Whataburger request continued

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East Cobb O'Charley's restaurant closes

At the start of Tuesday’s Cobb Board of Commissioners zoning hearing, a request on the agenda for a site plan for a proposed Whataburger restaurant in East Cobb was continued.

Commissioners voted 5-0 to hold off on hearing the plans until June. It’s an “Other Business” case, which means it doesn’t need to go before the Cobb Planning Commission since it’s not a full rezoning request.

The Texas-based fast food chain wants to occupy the former O’Charley’s restaurant on Sandy Plains Road at Shallowford Road, but stipulations include restrictions against a fast-food restaurant and anything with a drive-through service.

Whataburger wants to convert the 7,000-square-foot building for a sit-in restaurant with double drive-through service, and on Monday notified the Cobb zoning office it wanted a delay.

The land was rezoned in 1999 and an Other Business approval in 2000 permitted the opening of the O’Charley’s, which closed last year. The 1.3 acres at 3550 Sandy Plains Road formerly belonged to the Gordy family.

Any changes on those former Gordy properties in the area include a review by a special architectural control committee

In making a motion to continue the request, Commissioner JoAnn Birrell said the continuance would provide time for the site plan details to be considered by the ACC.

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Self-storage case, Whataburger request on Cobb zoning agenda

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East Cobb rezonings held; Terrell Mill self-storage facility

After rejecting a rezoning request for a self-storage building at the intersection of Terrell Mill and Delk roads last year, the Cobb Board of Commissioners is scheduled to re-hear the case on Tuesday.

That’s because the applicant, ADP-Terrell Mill LLC, filed a lawsuit, and a reconsideration to settle the litigation is on the board’s zoning agenda.

It’s near the end of a lengthy agenda in the Other Business category.

According to the agenda item (you can read it here), the proposed 111,230-square-foot facility on 2.5 acres would feature exterior architecture to match nearby townhouse developments.

Despite the fact that some nearby residents—including former commissioner Bob Ott—supported the development, other citizens did not, and commissioners voted 4-1 to deny the request.

During their deliberations, commissioners said they didn’t think a self-storage building should go on the land, where two abandoned homes sit. The property is owned by Mary Beard and Nancy Moore, executors of the estate of Ruby Inez Fridell.

The lawsuit was filed by noted zoning attorney Kevin Moore for what he said in a March letter was an “unconstitutional deprivation of the constitutional rights of the Applicant.”

He said in the suit that “there is no existing use or demand for the Property under the existing classification, and the Property is substantially and unreasonably diminished in value due to the continuation of such zoning restrictions.”

Moore proposed a variety of stipulations as part of the proposed settlement, including an office-industrial zoning category (OI) from low-density residential and a limit of two stories for the building and extensive landscaping.

In 2022, ADP-Terrell Mill sought a community retail commercial (CRC) designation.

Commissioners also would have to approve a special land-use permit, which is required in Cobb for self-storage facilities.

The Powers Ferry Corridor Alliance said that “the project would still meet community priorities for anything developed on this property: low-traffic, residential-friendly, and architecturally attractive. Self-storage facilities generate very little traffic.”

Also at the end of Tuesday’s agenda is another Other Business request by Whataburger, a fast-food chain that wants to occupy the former O’Charley’s restaurant at Sandy Plains and Shallowford roads.

Whataburger is seeking a site plan change that restricts fast-food and drive-through operations on that property, which has been vacant since 2023.

The Cobb zoning staff is not making a recommendation, but noted in its analysis that the proposed site plan (you can read it here) doesn’t have sufficient parking availability.

The zoning hearing begins at 9 a.m. Tuesday in the second floor board room of the Cobb government building (100 Cherokee St., downtown Marietta), and the full agenda can be found by clicking here.

You also can watch on the county’s website and YouTube channels and on Cobb TV 23 on Comcast Cable.

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Whataburger seeks site plan changes for East Cobb location

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East Cobb O'Charley's restaurant closes

It’s been nearly a year since the closing of the longstanding O’Charley’s restaurant on Sandy Plains Road at Shallowford Road.

Recently the Whataburger fast food chain filed plans with the Cobb Zoning Office to replace the nearly 7,000-square foot restaurant building and construct a new facility on the same site.

It would be the fifth Whataburger location in Cobb County, but a site plan amendment is needed to do so.

According to the preliminary files (you can read them here), there are a number of stipulations dictating future land use for the 1.31-acre parcel.

Whataburger seeks site plan changes for East Cobb location
For a larger view click here.

Among them are restrictions against a fast-food restaurant and anything with a drive-through service. The Whataburger site plan, drawn up by a Cumming-based architect, calls for a double-lane drive-through fronting Sandy Plains Road.

Those were among the stipulations included in a 1998 pending litigation settlement between Cobb County and Sembler Family Partnership, a retail developer, over a rezoning case that permitted the O’Charley’s.

The land once belonged to the prominent Gordy’s family (of Varsity restaurant fame) that owned many parcels in the area, and is part of a larger retail center currently anchored by a Target store.

Cobb property tax records indicate that the land, owned by the 1987 Donig Living Trust Nov 23 87, sold for $2.575 million in 2004 and has an an appraised value of nearly $2 million.

The Cobb Board of Commissioners is scheduled to hear the request on May 21, and the zoning staff has not yet issued a full analysis or a recommendation.

Rezoning isn’t needed because the community retail commercial (CRC) designation includes restaurants.

Whataburger, which started in Texas in 1950, has nearly 1,000 restaurants, mostly in Texas and the South.

There are three open in Cobb: On Cobb Parkway near Akers Mill Road, on Barrett Parkway near I-75 and at Chastain Road and George Busbee Parkway. Another is planned for the Acworth area.

There’s also a Whataburger on Highway 92 in Woodstock near I-575.

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Marietta annexes, rezones Sandy Plains Road subdivision

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Sandy Plains Road home developer seeks Marietta annexation
A wall fronting the Village of Sandy Plains subdivision violated a Cobb County ordinance and resulted in a court dispute.

After losing a legal battle with Cobb County over a subdivision under construction on Sandy Plains Road, the developer of a single-family community has been pursuing annexation with the City of Marietta.

On Wednesday, the Marietta City Council voted to annex the 15-acre property on Sandy Plains near the Scufflegrit Road intersection and rezone it to accommodate a 90-home development.

The rezoning vote passed 4-3, and the vote to annex the property was 5-2.

First Center Inc., part of David Pearson Communities, a residential builder, got RA-6 rezoning from Cobb to build what it’s calling the Village of Sandy Plains.

The planned homes in Marietta will fall under the PRD (planned residential develoopment) category at roughly 6 units an acre, similar to what Cobb allowed.

First Center built out private roads and installed underground utilities while haggling with the county over a wall that fronts Sandy Plains Road.

The Cobb ordinance allowed for only a 6-foot-high wall, but it’s 10 feet in most places and higher in others.

First Center sued the county over the matter, but in February, lost its appeal to the Georgia Supreme Court ruled as it prepared its Marietta annexation request.

The council first heard the matter in March, but voted to hold it after the council’s planning commission recommended denial.

The city zoning staff’s analysis noted that “the developer has provided conflicting zoning plans, site plans, and final plats, none of which appear to fully meet City regulations” and hasn’t provided sufficient information about a number of variances that would be needed.

Kevin Moore, First Center’s attorney, told city council members Wednesday that “there’s a misunderstanding about how high the walls can be in Cobb County.”

He said the county ordinance allows walls to be higher than 10 feet if they are concealing homes from the Main  street.

But he said the reason his client sought annexation was because of higher development standards in Marietta that require four-sided architecture and a limit of only 5 percent of the units being rentals.

An aerial view of the First Center property (outlined in black), is between home developments in Cobb and Marietta.

“There is in fact this already in the city of Marietta and it is highly, highly desired,” Moore said, showing slides of similar developments in existence.

Moore said the property tax benefits to the city would be $640,000 a year.

But a homebuilding company that purchased 41 of the 90 lots from First Center filed an objection.

Lisa Marchower, an attorney for Davidson Homes LLC, said that her client wants to stay with the county, primarily for reasons related to schools.

The annexed property is close to Kincaid Elementary School in the Cobb County School District and is adjacent to some city-zoned residential areas where students attend Marietta City Schools. (Cobb commissioners in November rezoned adjacent property for a 91-home subdivision.)

Marchower said First Center didn’t inform Davidson Homes about seeking annexation with Marietta until well after it had filed paperwork with the city.

“It is the strong preference of the builder, Davidson Homes, that the Village at Sandy Plains Subdivision is not annexed into the City, but rather, remains in Cobb County,” she wrote in a March 7 letter to council members.

She said requiring Davidson Homes to switch and meet city building standards “will significantly increase the cost of building homes in the Village at Sandy Plains Subdivision and will make my client’s home building efforts economically marginal. We have serious concerns about the economic viability of a development at this location that is forced to comply with the standards of the City.”

That letter did not come up Wednesday.

Resident Ben Brewer worried that if students in Village of Sandy Plains have to attend Marietta City Schools, he said, “they’re going to be spending hours on the buses.”

“This is a Cobb County piece of property. Let Cobb County deal with it.”

Others opposed to the annexation said Marietta is getting too much of high-density single-family homes, and that they pose stormwater and traffic issues.

But council members barely discussed the matter and asked only a few questions before casting their votes.

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East Cobb civic leader to be named to Planning Commission

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A member of the East Cobb Civic Association board has been chosen to fill a vacancy on the Cobb Planning Commission.East Cobb civic leader named Planning Commission

Christine Lindstrom has been appointed by Cobb Commissioner JoAnn Birrell to represent District 3 on the five-member Planning Commission, which hears zoning and land-use cases and makes recommendations to the Cobb Board of Commissioners.

The appointment will be formally announced at Tuesday’s Board of Commissioners meeting.

Lindstrom, a resident of Northeast Cobb, will succeed Deborah Dance, who is a candidate for Cobb Superior Court Clerk.

Lindstrom has been on the ECCA board since 2020 and has lived in the East Cobb area for 49 years.

The East Cobb Civic Association, which formed in 1982, represents around 9,000 households and is actively involved in rezoning cases.

Lindstrom will serve the remaining portion of Dance’s term, which expires Dec. 31, 2026.

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NE Cobb townhome proposal rejected by Cobb commissioners

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NE Cobb townhome proposal rejected by Cobb commissioners
The townhome proposal (outlined in yellow) called for much higher density than surrounding homes.

A proposed 74-unit townhome development in a single-family residential area of Northeast Cobb was unanimously rejected Tuesday by the Cobb Board of Commissioners.

They didn’t deliberate long to deny a request by Ashwani Kumar Kaura to rezone 13 acres on Lindsey Way off Alabama Road from from single-family residential (R-20) to fee-simple townhome (FST).

The Cobb Planning Commission also recommended denial earlier this month. Four residents of nearby neighborhoods spoke in opposition.

Tom Ganschow, who lives next to the Kaura property on Fitts Drive in the Bernham Woods subdivision, said his many in his neighborhood signed a petition in opposition.

“We feel we’ve been deceived in our neighborhood because we never saw signs posted in our area” about the rezoning request.

He mentioned a news report (ours from March 2) and said that otherwise, “we’d still be in the dark.”

The homes there were built mostly in the 1970s and 1980s, and said there’s “no consideration for the homeowners and the character of Northeast Cobb.”

He said putting up some R-20 homes would be the best option, and that the applicant’s request for variances “ought to be a red flag.”

Kaura’s son represented his father, who has had medical issues out of state, and admitted that after traveling from Arizona Monday “I am not prepared today.”

The property has been in the family for more than 40 years, he said, and stated a desire to have it developed.

Commissioner JoAnn Birrell, who represents the area, quickly made a motion to deny the request, noting the 105 signatures on the petition.

“This isn’t really appropriate for the area,” she said. The only townhomes she recalls nearby were along Shallowford Road a decade or so ago, and located near a shopping center.

“It would be better served to remain R-20.”

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NE Cobb townhome proposal gets thumbs-down at first hearing

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The property owner of a 13-acre tract of land eyed for a high-density townhome development in Northeast Cobb didn’t appear for a first hearing before the Cobb Planning Commission Tuesday.

NE Cobb townhome proposal gets thumbs-down at first hearing

But the five-member zoning advisory body didn’t hesitate to recommend denial of the plans near the end of a long meeting.

Ashwani Kumar Kaura wants to rezone the undeveloped track at Alabama Road and Lindsey Way from single-family residential (R-20) to fee-simple townhome (FST).

The land is completely surrounded by detached single-family homes, and some neighbors turned out to oppose the request.

Kauna wasn’t in attendance due to what Cobb zoning staff said was an out-of-state medical emergency, but the planning board decided to hear the case since opponents were in attendance.

“There’s nothing like this in our area at all,” said one. “It’s completely out of place.”

Tom Ganschow, who lives next to the Kaura property on Fitts Drive in the Bernham Woods subdivision, said his neighborhood is diverse and is “a nice place to come and it’s quiet.”

He said Kauna proposed a 50-home subdivision on the land 20 years ago, and wondered how more than 70 homes would fit, especially since there isn’t sewer service in that area.

Zoning staff recommended denial on a number of fronts, including density, land-use, sewer and transportation.

Planning commissioner Deborah Dance quickly made a motion to recommend denial, and the vote was 5-0.

The case goes before the Cobb Board of Commissioners for the final say on March 19.

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Townhomes proposed for vacant NE Cobb residential land

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Townhomes proposed for vacant NE Cobb residential land
For a larger view, click here.

A 13-acre parcel of land near the corner of Northeast Cobb where it meets Roswell and Cherokee C0unty is being proposed for a 74-unit townhome development.

The request by Ashwani Kumar Kaura to rezone the property from single-family residential (R-20) to fee-simple townhome (FST) is on the agenda of Tuesday’s Cobb Planning Commission meeting.

But the Cobb Zoning Office is recommending denial, saying the land at Alabama Road and Lindsey Way is completely surrounded by single-family detached homes.

The 13-acre parcel is located off Alabama Road, north of Sandy Plains Road.

“It is Staff’s opinion that the applicant’s rezoning proposal will not permit a use that is suitable in view of the use and development of adjacent and nearby properties,” the staff analysis concludes. “There are single–family uses on all four sides, developed at much lower densities. The proposed homes would be out of scale and out of character with the existing single–family houses in the area.”

According to the site plan for what’s being called “Kaura Village,” the density would be 5.72 units per acre. The homes would be developed on 11.75 acres, with the rest for amenities.

There’s also no room for guest parking, which was noted by the Cobb Fire Department in its comments on the case, and other remarks indicate that sewer service is not available.

Rezoning to FST also would defy the county’s Future Land Use Map designation for medium-density residential development, according to the zoning analysis.

“For these reasons, Staff believes it appropriate to deny the request rather than delete to a more appropriate zoning district until such time as these issues can be worked through,” the analysis stated.

(You can read the full analysis by clicking here.)

According to Cobb property tax records, Kauna, the property owner, is in California.

The Cobb Planning Commission is a five-member body appointed by the Cobb Board of Commissioners that makes recommendations on zoning cases.

Its decisions are advisory; the BOC has the final say on zoning cases.

The Planning Commission meeting begins at 9 a.m. Tuesday in the second floor board room of the Cobb government building (100 Cherokee St., downtown Marietta), and the full agenda can be found by clicking here.

You also can watch on the county’s website and YouTube channels and on Cobb TV 23 on Comcast Cable.

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Bank plans approved at former NE Cobb movie theater site

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Bank plans approved at former NE Cobb movie theater site

A 1.14-acre parcel of land that once housed a movie theatre parking lot in Northeast Cobb will finally be getting developed after all.

Nearly a year after King’s Hawaiian pulled out of plans for a restaurant at Gordy Parkway and Shallowford Road, Cobb commissioners on Tuesday approved a Fifth Third Bank branch for the property.

During consent agenda voting, commissioners approved changes to the site plan to allow for drive-through service, as well as submitted renderings and drawings.

In addition, there will be a 40-foot landscape buffer at the back of the property adjoining Carl Harrison Park.

In 2023, attorneys for Stein Investment Group said such a buffer would make it difficult to develop the King’s Hawaiian restaurant, which would have had a drive-through.

Commissioner JoAnn Birrell would not budge, saying when the land was zoned for a movie theater in 1988 the 40-buffer was a key stipulation.

Reducing it, she said, last April, “would set a precedent. It was put in place for a reason.”

In May, King’s Hawaiian withdrew, and the land has sat vacant ever since. It was part of a parking lot adjoining the GTC Park 12 Cobb theater, which closed in 2018.

In 2021, Stein got rezoning to develop part of the land for a self-storage facility.

At Tuesday’s meeting, Birrell submitted several conditions Gordy Architectural Control Committee and other stipulations that were not immediately available in the public filings.

Also on Tuesday, commissioners approved via the consent agenda a dental office use at the former Mt. Bethel Church Community Center site. (4608 Lower Roswell Road).

The board heeded staff suggestions to delete the zoning category from low-rise office to limited professional services permit.

The land has been zoned residential because its owner is Mt. Bethel Church, which has been putting up selected properties for sale since departing the United Methodist Church in 2022.

Marianna Kovitch, who has a dental practice in Buckhead, hired noted zoning attorney Kevin Moore, who represented a previous applicant who withdrew from seeking an office use last year.

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Dental office proposed for former Mt. Bethel Community Center

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Mt. Bethel Church Community Center rezoning

For the second time in a year, the former Mt. Bethel Community Center is being eyed for professional use.

A rezoning request was withdrawn without prejudice last summer when the Cobb Zoning Office recommended that the building at 4608 Lower Roswell Road be granted designation for a limited professional services permit (LPSP).

MRE Properties, the applicant, sought a low-rise office (LRO) designation, but zoning staff said an LPSP would be more appropriate to the residential neighborhoods surrounding the site.”

A different applicant wants to convert the 6,060-square-foot building into a dental office. Marianna Kovitch, who has a practice in Buckhead, initially sought LRO rezoning and has hired noted zoning attorney Kevin Moore, who represented MRE Properties.

An initial hearing is scheduled before the Cobb Planning Commission on Tuesday in the first zoning hearings of 2024.

The land has been zoned residential because its owner is Mt. Bethel Church, which has been putting up selected properties for sale since departing the United Methodist Church in 2022.

A preliminary staff analysis of Z-5-2024 (you can read it here) also is recommending deletion to LPSP.

Such a use “will minimize impact to residential neighbors while allowing continued use of the existing site,” the analysis said, adding that the LRO category on that 1.13-acre parcel does not conform to the Cobb County Comprehensive Plan

It also indicates that no new major modifications or additions are being planned for the building, which would be open for dental services Monday-Friday from 8 a.m. to 6 p.m.

In a stipulation letter dated Jan. 29 (you can read it here) Moore wrote that his client was in agreement with the staff recommendation of LPSP specific to dental, medical and administrative use. He also is seeking a waiver that LPSP is specific to the property owner.

The Cobb Planning Commission meeting Tuesday will take place starting at 9 a.m. in the second floor board room of the Cobb government building (100 Cherokee St., downtown Marietta).

Here’s a summary agenda; you can read through the full agenda by clicking here.

The meeting will be live-streamed on the county’s website, cable TV channel (Channel 24 on Comcast) and Youtube page. Visit cobbcounty.org/CobbTV for other streaming options.

The Planning Commission recommendations will be considered by the Cobb Board of Commissioners on Feb. 20.

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