Marietta Boarding House Shut Down By Cobb Commissioners

COBB COUNTY, GA — Cobb County commissioners shut down a Marietta home that was effectively serving as a boarding house, per a Board of Commissioners vote at its Tuesday zoning hearing.

Local resident John Lay was renting out the eight bedrooms in his 3,400-square-foot home on Austell Circle to tenants, but was put on a code notice by the county in September after neighbor complaints. He was allowed to house up to eight adults, but only two unrelated adults, according to Cobb County code — but his tenants included more than two unrelated adults.

Lay said his house offers much-needed affordable housing in Marietta, and petitioned for an exception to the code.

"Our tenants have limited income, and if not for this setup and low rent, many may be homeless," Lay said in the zoning hearing. "This is a quiet, affordable, safe and convenient house which has become a home for our tenants."

Cobb BOC Chair Lisa Cupid said while she was sympathetic to his stance, she could not vote to approve the exception as it was a clear code violation.

"I sympathize for those who are looking for affordable housing, I truly do," Cupid said. "If this wasn't part of a code enforcement issue, perhaps I'd be more amenable to changing it."

Commissioner JoAnn Birrell said she was open to examining the "two unrelated adults" section of the rule, but approving the exception would set a bad precedent. Lay's request was not approved, and he now has 90 days to comply with county code.

Additionally, Cobb commissioners also approved a residential development in Powder Springs, which will bring 44 single-family homes to the 30-acre area on Gaydon Road. The housing development area will be rezoned to allow the property to be divided into lots of 20,000 square feet.

The development, proposed by Marietta-based CS Realty Group, is located directly across from Varner Elementary School. Some neighbors expressed concern about added traffic due to its close proximity to the school, so the developer agreed to pay for the construction of a turn lane and additional signage, attorney Kevin Moore said during the zoning hearing. Moore represented the developer at the hearing.

A stipulation was added that the site's stormwater detention pond, which will be moved across the property from its original location, must be buffered with aesthetically-pleasing foliage. The motion passed unanimously.