Cobb County Board of Commissioners Zoning Hearing - September 17, 2025

This hearing of the Cobb County Board of Commissioners took place on September 17, 2025, with Commissioners Burrell and Cupid absent. A quorum was present, and Commissioner Gamble was elected temporary vice chair. The meeting covered zoning cases, including approvals, denials, and continuations. The following is a summary of the proceedings.

Consent Calendar

• Other Business Item 41 (Landstar Builders Inc.): Initially the applicant was not present; the item was deferred and later approved when the applicant arrived. It was then added to the consent agenda. The motion to approve passed 3-0.
• Other Business Item 44 (Brandon Tubo): Approved as part of the consent agenda. The applicant was present; no opposition.
• Other Business Item 46 (John R. Hooker): Approved as part of the consent agenda. The applicant was present; no opposition.
• Consent Agenda (as revised): The consent agenda, including OB44 and OB46, was approved 3-0, with OB41 added later by separate motion.

Public Comments & Testimony

• LEP 34 (Jose Rolano): The applicant testified, through an interpreter, that he needed a temporary land use permit for five vehicles and five adults at a home with four adults residing there. He stated he needed the vehicles for his family's work. No opposition was present.
• LEP 26 (Ronaldo Valdez): The applicant, with an interpreter, testified that he had paid a fine and application fee for additional vehicles. He stated he has six vehicles at the property (originally applied for seven). He agreed to reduce to five vehicles and clean out the carport.
• OB 33 (Hadasua Fatherin): The applicant stated she had no objection to proposed stipulations. Opposition speakers, including Jill Hislop and an attorney for adjoining property owners, expressed concerns about the proposed wholesale bakery operation. They cited property damage, code enforcement violations, and argued the operation exceeds low-intensity neighborhood-oriented uses. They requested stricter hours and conditions.
• OB 34 (Camelou Affalabby Federal): The applicant testified that he built a fence based on builder and county official assurances, but later was told it violated buffer requirements. He explained the fence is needed for his autistic son's safety. Opposition (Karen Dickey, HOA president) stated the buffer was critical for preserving views and that the fence encroaches beyond the buffer marker.
• OB 39 (Matthew Brady Owen): The applicant, Jennifer Rose Ketha, testified in support of housing two miniature therapeutic horses for disabled family members. She described training, care, and legal framework under ADA and Fair Housing Act. She noted no current opposition but sought proactive approval. Board members questioned the timing, training status, and compatibility with the .459-acre lot.
• OB 43 (Adrian and Todd Miller): The applicants testified that their fence is in a disturbed buffer, not the undisturbed buffer, and that they were verbally approved by a county official. They argued the fence does not harm trees and provides privacy. Opposition (Karen Dickey) voiced concern about setting a precedent for buffer encroachments.

Discussion Items

• LEP 26 (Ronaldo Valdez): Commissioner Sheffield expressed hesitation due to multiple code enforcement violations and lack of compliance history. She made a motion to approve for 24 months with conditions: no more than five vehicles, clean out garage within 30 days, and remove extra vehicles within 60 days. The motion passed 3-0.
• LEP 34 (Jose Rolano): After discussion, the board approved the request for five vehicles and five adults, noting the applicant's commitment to compliance. Motion passed 3-0.
• OB 33 (Hadasua Fatherin): Commissioner Allen proposed detailed stipulations including hours (6 a.m. to 9 p.m. operations, customer hours 8 a.m. to 7 p.m. Monday-Saturday, closed Sunday), delivery restrictions, trash enclosure, vegetative buffer, and no outdoor seating. The motion passed 3-0.
• OB 34 (Camelou Affalabby Federal): The board denied the request to keep the fence in the buffer. The motion required removal of the fence by October 16, 2025, and replanting of disturbed buffer by November 16, 2025. Passed 3-0.
• OB 37 (Furniture Mattress Warehouse): The applicant was not present. The board voted to continue the case to October 21, 2025. Passed 3-0.
• OB 39 (Matthew Brady Owen): Commissioner Sheffield moved to deny the request, citing the property's size (.459 acres vs. required 2 acres) and potential conflicts with zoning code. She noted federal disability laws require reasonable accommodations but not fundamental alterations to zoning policies. The motion passed 3-0.
• OB 43 (Adrian and Todd Miller): The board denied the request, citing clear buffer markers and the intent of original stipulations to protect adjacent neighborhoods. The fence must remain outside the buffer. The motion passed 3-0.

Key Outcomes

• LEP 26 (Valdez): Approved for 24 months with conditions (max 5 vehicles, garage cleared in 30 days, extra vehicles removed in 60 days). Vote 3-0.
• LEP 34 (Rolano): Approved for temporary land use permit for 5 vehicles and 5 adults. Vote 3-0.
• OB 33 (Fatherin): Approved with 15+ stipulations (detailed in motion). Vote 3-0.
• OB 34 (Affalabby Federal): Denied; fence must be removed by Oct 16, 2025, buffer replanted by Nov 16, 2025. Vote 3-0.
• OB 37 (Furniture Mattress Warehouse): Continued to Oct 21, 2025. Vote 3-0.
• OB 39 (Owen): Denied. Vote 3-0.
• OB 41 (Landstar Builders): Approved (added to consent). Vote 3-0.
• OB 43 (Miller): Denied. Vote 3-0.
• Withdrawn/Continued Cases: Five cases were withdrawn (Z9-2025 Whataburger, Z20-2025 Trade In LLC, LEP32-2025, SLEP5-2025, OB22-2025 Whataburger). Two cases were continued (Z2-2024, Z68-2024, Z17-2025, Z18-2025, Z19-2025, Z21-2025, LEP31-2025, LEP33-2025, LUP35-2025, OB40-2025, OB42-2025) to later dates in October 2025.