COBB COUNTY - Today's real estate market and economic climate has forced many people into housing situations they say are necessary, even though county code prohibits them. The Cobb County Planning and Zoning Commission heard several such cases at its Tuesday meeting.

Ultimately, the planning commission denied allowing four college students to live in a home on Haverford Lane, but had sympathy for other petitioners with extenuating circumstances.

County code prohibits more than two unrelated people from living together in a residence. Nineteen residents attended the meeting to oppose a permit that would allow four college students to remain living together in a large house at 3080 Haverford Lane in Marietta.

The homeowner's wife, Charles Taylor, said she has rented the home for nine years and this is the first complaint that has been filed. Commission member Mike Terry, however, said that there have been many other complaints concerning the many cars that come and go from the home.

"We put the house on the market a year ago for a reasonable price, but have had to rent it. These are upstanding individuals; they have jobs, are in their last year of school, and the residence is well kept," Taylor said. "We had no idea we were in violation when we rented it to them. We thought a one-family home meant you couldn't turn it into a duplex or triplex."

Lawrence Cohen, who lives near the home, said the county should not make an exception for the students because it would set precedence for similar petitions in the future.

"We have 222 signatures of nearby homeowners who are in opposition to this petition. They disagree with it because they do not want this nice area to become one of a boarding house atmosphere or to create the precedence that others could do this as well," Cohen said.

Nearby resident T. R. Lewis, who said he drives by the home five or six times a day, agreed.

"This is a very proud, family-oriented neighborhood, and it is very obvious that the occupants do not fit the normal dwelling," Lewis said. "Sometimes there are nine cars in the driveway, and there are sheets hanging over some of the windows for curtains. It's really three Greek letters away from being a frat house."

Terry said the county code is clear, and the commission has to follow the code as it has in the past.

"But we also need to be fair and allow these occupants time to move. I think a January 15 deadline is reasonable, as that will be around the time when the new semester will start," Terry said.

The commission then voted 5-0 to deny the petition.

Also Tuesday, James Kiser petitioned to allow seven adults to live in his home, but these adults are related.

"We have all lived together since 1987, and I don't want to break up the family," Kiser said.

But Chairman Murray Homan said that the petition was brought forth due to a complaint that alleged there were too many vehicles at the residence.

"The tax assessor's office puts this house at 1,900 square feet. This gives you five people allowed to live there, but you have seven. But given your medical history, Mr. Kiser, and in the spirit of the holiday season, I would like to give you time to discuss moving into the home next door that is for sale that you have expressed interest in, or for your two grandsons in their 30s that are working full-time to explore other options," Homan said. "With two trailers and nine vehicles, there are a total of 11 structures other than the house on the property, which is only a little over a quarter of an acre. We want to try to help, but there's only so much we can do."

The issue was held until the planning commission's next meeting.

The planning commission approved 4-1 a request from the Cosby family to house their medically impaired mother in a garage apartment on their property at 70 Willard Drive.

The Cosbys purchased the home on the double lot with the intention of allowing the mother to stay in the garage apartment. However, after purchasing the property, they found that this would not be allowed.

But the commission members took their special circumstances into consideration.

"The neighbors that I've spoken with were simply concerned that you would turn the apartment into a rental unit," Commission member Christi Trombetti said. "But as it is apparent you will not. This is the only double lot in the neighborhood, and the circumstances you are under, I motion that we approve the petition for twelve months, with the stipulations that no additions to the house or building be made."

The motion carried 4-1, with Homan in opposition.

Marian Lawton, whose petition was continued from the commission's Nov. 3 hearing, asked that she be allowed to care for six patients in her personal care home as opposed to the four that she is currently allowed to have. This is needed, she said, to offset the cost of installing a sprinkler system, which would be needed if she were to have the four patients that she is allowed to care for in the home.

Terry said the reason the petition was held was so that Marty Gable of the Cobb Fire Marshall's office could look into any possibilities for a waiver of the sprinkler system ordinance.

Gable, however, said that the sprinkler system would have to be installed if Lawton grew her business from the two patients she currently has to four.

"I found that variances are not allowed, as this is state and federally mandated," Gable said.

"We need people like you, Marian, but as you are going to remain the sole caregiver, I think it would be best for you to try out having three or four and see how it goes, put in the sprinkler system, and come back to us next year if you think you can handle six," Terry said.

The petition was denied with a 5-0 motion.