Self-storage case Whataburger request on Cobb zoning agenda Archives

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.