Commission favors residency for personal care home
by Katy Ruth Camp
krcamp@mdjonline.com
February 03, 2010 01:00 AM | 1143 views | 0 0 comments | 13 13 recommendations | email to a friend | print
COBB COUNTY - The Cobb County Planning Commission on Tuesday recommended approval of a zoning request that would allow six unrelated residents to live together in a house at 1130 Vonda Lane in Mableton, which is being used as a personal care home for three residents.

County code does not allow more than two unrelated people to live together in a residence.

"I have really struggled with this, but I think we have to look at everything on a case-by-case basis and they really touched our hearts," said Chairman Murray Homan, after the meeting. "We looked at the property and the neighborhood and felt they wanted to do the right thing for people who need help and want their services. But we also know that once you open Pandora's Box, you've set a precedent."

Cassandra Freeman, the owner of St. Benedict Personal Care Home, said employees are licensed to take care of the disabled residents living in the home, that there have never been any issues with neighbor complaints, and that she and her mother, Marie Gaspard, manager of the home, have been saving money to pay for the required alarm and sprinkler systems the county mandates for a personal care home serving more than three people.

"We have vacant rooms that are sitting empty while we have a continuous waiting list of hospitals and doctors wanting to send their patients to us," Gaspard said.

When Homan suggested the commission give them 30 days to look at properties that are zoned commercial for their business, Gaspard said that would not help them.

"I'm getting emotional, but these people can't afford to live in a commercial home, and like the fact that we care for them in a home setting. I understand the guidelines, but we have followed everything we are supposed to and are providing care to people who are very much in need," Gaspard said.

The board struggled with its decision, while first suggesting the request be held for 30 days, then suggesting the owners be allowed to have up to five residents before settling on six residents to be cared for in the home for a year.

"We are going against regulations, but we have to look at each case individually," Homan said. "It may be time to look at this, with problems in the economy and people in need, so there may need to be some changes. This is a temporary land use permit, so this will be reviewed again in a year and we'll see how it goes."

Also Tuesday:

n The commission denied a land use permit requested by Daniel Watkins to continue operating his garage door repair and installation business out of his home on Blackwater Drive in Marietta.

Watkins said he has been operating his business for ten years. He said a semi-truck visits the home once every two months, UPS makes deliveries four times a week and contractors come once a week to collect their checks. Watkins said the only complaint came from his neighbor after she had to enter her home from another driveway when a semi-truck blocked the usual entrance to her home.

"I've only spoken to her twice in eleven years, and both times she was yelling at me," Watkins said. "She's the type of neighbor who watches from her window if you're playing Frisbee to see if it enters your yard. I've had no other complaints from anyone else, and I've tried to move my business to another place, trust me, but I haven't been able to yet due to the economy and other issues."

The board, however, motioned to deny the request 5-0. The board gave Watkins 120 days to relocate his business.

n The board gave Justin McMillen and his attorney, Hilton Dupree, a 30-day extension before making a decision on whether to allow a counseling and psychic reading center to operate at 3993 Atlanta Road. The issue will come back to the board at its March 2 meeting.

Dupree asked for the extension so he and his client could talk with McMillen's neighbors - 39 of whom spoke in opposition to the psychic reading center Tuesday.

"We're not na ve, we know that there are many people opposed, but McMillen and his wife are good, productive members of the Cobb community and want to be good neighbors," Dupree said.

But many residents in the nearby Paces Ferry Park subdivision said that they are adamantly opposed to having the business so close to their homes.

"I moved here because the area was almost completely residential, and changing that would set precedence and change the character of this portion of Atlanta Road," Gene Ray said. "I think it will harm the quality of life we have here and our property values, and ask that you don't allow spot zoning to accommodate one homeowner when so many others would be affected."

Rebecca Mohandiss agreed.

"This area was developed to be a high-end residential area, and a large palm reader sign near our homes is not what homeowners are looking for," she said.

Commission member Mike Terry agreed to the 30-day extension, but warned they were going to face an uphill battle.

"We heard an appeal similar to this just a few months ago, where a Sherwin Williams paint store wanted to go to up in the property next to this, which the planning commission and board of commissioners both denied, so I would think that would give you an inclination of how this would result," Terry said. "I've received 150 in opposition to this, personally, and I know that the commission told this neighborhood a long time ago that they would keep it residential if they could."
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