Cupid calls out zoning staff for unequal treatment of different parts of the county

May 19—Lisa Cupid, chair of the Cobb County Board of Commissioners, criticized the county's zoning staff this week, saying she was angered by the unequal playing field staff provides different parts of the county.

The discussion was sparked during the commission's zoning meeting Tuesday in a case in which commissioners voted 4-1, with Cupid opposed, to approve two requests for American Eagle Towing, which is in Commissioner Keli Gambrill's district.

The first request was because the applicant allowed their business license to remain expired for more than six months. The applicant was required to come in to get an updated zoning distinction, so that they could continue their business. The business also needed to renew its special land use permit.

"I think approving this today would undermine the base level of consideration to how people should live in our county," Cupid said. "It ticks me off that there are greater protections for other communities. There's not an equal playing field when it comes to how zoning staff provides opinions to protect all people who live here."

The business on the 1800 block of Austell Road near the intersection of South Cobb Drive has been owned by Ray Murphy since 1986. In recent years, American Eagle Towing's property has received several citations from the county's code enforcement department for not having a business license, along with an excess of cars and the general state of the property.

Murphy, 82, was represented by his daughter, Vickie Murphy-Norris, who told the MDJ after the hearing she was disheartened by Cupid's remarks.

"It's a matter of taking someone's livelihood," she said. "We have been there for decades. Cobb County strives to help small businesses improve, and that's what we have done."

Cupid cited the noise of the business at late hours, plus potential environmental health concerns from car leaks and the overall state of the property as reasons the board should not approve the zoning requests. The property is close to multiple apartment complexes and next to the Little House Learning Center preschool.

"Today, for us protecting the health, safety and welfare of all Cobb County residents, whether you live in unincorporated Cobb, Lost Mountain or East Cobb, I cannot proceed," Cupid said. "I would not approve this if it were next door to me, and I'm not going to approve it because it's next door to these residents."

Murphy-Norris refuted any notion of a noise issue with the business.

"The apartment complex that surrounds us, people move in knowing it's been there so long. I don't appreciate the idea it's affecting the residents because we have had no noise complaints at all."

As Cupid continued to question the zoning staff's previous recommendations, Commissioner JoAnn Birrell asked her to focus on the case at hand, a request Cupid didn't appreciate.

"Don't tell me here to only look at this case, as I sit here for zoning meeting after zoning meeting and listen to how we accommodate a higher bar for other areas and an extremely lower bar for others," Cupid said.

The applicant will now work toward several stipulations as part of the zoning approval, including improved landscaping, and a parking plan that would allow fewer cars on the property.