Cobb Denies Austell Man Selling Antiques from Home

MARIETTA — This week, the Cobb Board of Commissioners denied an Austell resident’s request to sell antiques from his home on Austell Powder Springs Road.

Edwin Stafford requested a 24-month temporary land-use permit for an antique store and yard sale at his home south of Furr Avenue.

In his April 18 request to the county, Stafford asked for the ability to sell from his front yard on Wednesdays and Sundays from 10 a.m. to 6 p.m.

Stafford added that he expected around 40 customers per week.

During Tuesday’s zoning hearing, he changed his request, asking that commissioners allow him to be open just on weekends.

“If I can get Friday, Saturday, Sunday or just Saturday and Sunday, at least I can pay my bills,” Stafford said. “That’s my livelihood right now.”

Stafford, who has lived at the property for the past six months, said he was willing to make any adjustments to continue his business.

During his discussion with Commissioner Monique Sheffield, who represents the area, Stafford shared that the only other employee is his cousin, who helps him carry heavy merchandise to and from the front of the house.

Although no one from the public spoke in opposition, Sheffield said there have been several complaints from neighbors and local businesses about Stafford’s yard sales.

The first complaint was received in February, after which Stafford was found to be in violation of county code. The code allows for personal property sales limited to three weekends per year, not to exceed three days per sale.

During a visit from code enforcement, it was observed that merchandise was being stored on the outside of the property after the hours of operation, which is in violation of the code.

Sheffield said after code enforcement spoke to Stafford on site, it was communicated that a permit would be applied for on Feb. 27, however, he did not apply for a permit until months later.

“I wanted to make sure that I could do the shop inside before I (applied),” Stafford said.

In April, another complaint was received and a citation was issued. Stafford’s request to the board was made as the result of this citation.

Sheffield added that when she drove by the property the previous Saturday, both during business hours and after, she still observed the business was in violation of county code.

“I did observe merchandise that was stored on the side of the building that was covered in tarp,” Sheffield said.

Stafford responded, saying he normally stored all merchandise inside a shed next to the home.

“If you come out at the end of the day, everything goes back inside… The only reason we left the bed outside was because it was so heavy, we had to break it back down to put it back in storage,” Stafford said.

Stafford asked commissioners how his business was any different from the fruit stand that was on the property for decades before him.

Cobb Zoning Division Manager John Pederson explained the previous resident had received a land-use permit to sell produce from the side of the house.

Sheffield said Stafford’s proposed use is more intense than a fruit stand, adding that she has received complaints about traffic issues.

“I can appreciate what you’re attempting to do with your business, but unfortunately, it is in violation of the county’s code,” Sheffield said.

She added that the county and the city of Austell are collaborating to enhance the area by developing a trail along Austell Powder Springs Road to connect downtown Powder Springs to downtown Austell.

“The purpose… is to attract businesses and different amenities to the area, to essentially uplift the area,” Sheffield said. “The current use of this business unfortunately does not align with the existing character of the area.”

Sheffield made a motion supporting the Cobb Planning Commission’s earlier recommendations for denial, adding that code enforcement will continue to visit the property and issue citations and fines until the property is brought into compliance.

Before the board voted unanimously to deny the application, Chairwoman Lisa Cupid addressed the applicant.

“I concur with the commissioners and I also feel for you when you said this is your livelihood,” Cupid said. “Looking at the amount of redevelopment that’s occurring in that area around you, I’m hoping that there could be some consideration for the commercial space that’s in the community so that you can continue to provide this service which has enabled you to support your living thus far.”