January 22, 2008
Commissioner Annette Kesting
Cobb County Board of Commissioners
100 Cherokee Street
Marietta, GA 30090
Re: Proposed County Code Amendments
Dear Commissioner Kesting:
On behalf of the more than 3,900 members of the Greater Atlanta Home Builders Association (HBA), I would like to thank you for taking the time to consider our concerns with some of the code amendments currently proposed for adoption by the Board of Commissioners. While we recognize the need for Cobb County to occasionally update its Official Code to adapt to changes in the development and land use arenas, we believe that some of these changes will have a detrimental effect on both the County and the home building industry if adopted as proposed.
Our first concern is with the change proposed in Section 18-27 (Permits required). Paragraph (e), as drafted, would require the Board of Commissioners to approve the site plan for any building permit requested on a property where an existing structure is to be demolished, if the builder proposes raising the existing topographic elevation by more than four feet. We strongly oppose this language, as we believe it will have the unintended impact of discouraging any residential infill construction in Cobb County.
As you are aware, many of the county’s older neighborhoods have properties that are in deteriorating condition, and are prime candidates for redevelopment and renewal. The HBA strongly supports infill construction as an alternative to continued greenfield development that may further our region’s outward growth. However, we believe that code changes such as this will have a chilling effect on infill housing construction by creating unreasonable hurdles for builders to meet when redeveloping older, blighted properties. We respectfully request that this proposed language be stricken from the proposed code changes, or that at the very least, that the language be amended to measure the elevation change from the property’s highest existing point.
Our second concern is with the proposed language in Section 134-1 (Definitions) that changes the definition of a Building Line. As currently drafted, this language requires that any cantilevered portions of a building, except for the siding material applied thereon, be located within the perimeter of the building line. We oppose this change and respectfully request that the County maintain the current definition that measures the building perimeter from the structure’s foundation, which is commonly used in nearly all jurisdictions across the Atlanta Region for the purpose of setback measurements.
The traditional method of setback line measurement uses the building foundation as a point of reference, as it can be easily identified by surveyors and is not subject to modification during the construction process. By adopting a new Building Line definition, we believe that Cobb County will see a dramatic increase in the number of requests for building setback variances before the Board of Adjustments & Appeals, as well as the County Commission.
If the Commission should conclude that this new definition is necessary, we request that you amend the proposed language to exclude any roof overhangs and bay window protrusions from the perimeter of the building. It has been our experience that these specific elements cause the greatest number of unintended setback violations in the handful of jurisdictions that measure the Building Line from beyond the foundation.
In addition to these concerns, the HBA would like to encourage you to adopt the proposed language in Section 134-37, which adds Continuing Care Retirement Communities (CCRCs) to the list of those projects requiring only a Special Land Use Permit. We believe these developments serve a critical need in Cobb County that is presently underserved, and hope you will accept this language as drafted.
Thank you again for taking the time to consider our concerns with these proposed changes. We appreciate Cobb County’s efforts to continually improve its development and building regulations, and hope to have the opportunity to work with you and your staff to draft alternative language that mutually benefits the interests of all parties. If I or my staff can be of any further assistance to you, please don’t hesitate to contact me directly at (404) 886-1163 or via e-mail at
Sincerely,
Joe Padilla
Government Affairs Representative
Greater Atlanta Home Builders Association
C: David Hankerson, County Manager
Rob Hosack, Community Development Director