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Health & Fitness

The Need to Vary the Variance Process

The Board of Zoning Appeals is a board appointed by the Board of Commissioners. The BZA has the power to grant Variances to the Zoning Code under most conditions. If the Variance concerns a reduction in lot size, the BZA approval must also be approved by the BOC. The BOC is held responsible by the voters of Cobb County for their decisions. I do not know who holds the BZA responsible for their decisions. We the People cannot vote them out. The Zoning Department has told me that they have no authority over them. Who knows~

 

In February, the BOC voted to allow residents to apply for Variance to own hens on less than two acres, provided that they met certain criteria. The BZA was given the power to approve such Variances, and since it represents a reduction in lot size, the BOC would have to approve as well. Commissioner Ott addressed the concerns of the majority of people who spoke on that issue that night when he reiterated that permission from the Adjacent neighbors was not a requirement for approval, merely something that should be taken into account. When it came time for the BZA to hear Variances applications, they turned down the second application because a neighbor across the street wrote an email stating that she did not want chickens in the neighborhood for fear that they would lower property values. The neighbor, although not a member of the East Cobb Civic Association, was prompted by them to write the letter. The ECCA also lobbied surrounding HOAs to write letters against the variance. The BZA representative stated that they needed to "heavily consider people in the direct area as well as, in particular, adjacent property owners". That does not sound at all like what the Commissioner said. The BZA acted within their legal boundaries, as essentially it boils down to their opinions, so the case could not be appealed, as the only appeal offered is a legal challenge.

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I fully support people that band together when it comes to their rights, as Civic Associations do. I fully support lobbyist groups, who actively seek support for what they consider is right. I lobbied hard to legalize poultry, but I did NOT represent myself as a Civic Group. The county has specific ways to treat lobbyists, to stay within legal and ethical boundaries. The county has a different way to deal with civic associations, with less legal restrictions. The East Cobb Civic Association, by their actions, and by their description, are a Lobbyist Group that are enjoying the benefits of Civic Associations. According to a sitting Commissioner, it is 'the standard practice of every Commissioner in that role' to share variance request information with the ECCA. This needs to stop! The relationship between the ECCA and the BOC, and the BZA as well, needs to reflect that of ANY other lobbyist group, not reflect the relationship with the Civic Associations.

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At the last BOC Zoning Meeting, a elected Commissioner was not satisfied with the stipulations that the unelected BZA placed on a Variance. That Commissioner was stopped from bringing a motion forward that changed the BZA decision, and was told that the BOC can only approve or deny the BZA decisions. The confusion was continued when the county attorney did not know what was legally correct. I have asked for clarification on this, but have not heard back.

 

So it would seem that our elected representatives can pass law, only to have that law subverted by an appointed board. It would seem that an appointed board can put stipulations on Variances- stipulations that do not arrive by any set criteria aside from lobbyists and the imagination of the board members- those stipulations by not be changed by our elected representatives. And all of this is done legally~

 

As a resident- a taxpayer- a voter- I ask that the Board of Commissioners please address these issues, and make the changes necessary to set things right.


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