Lookout Mountain, Ga., Council Rules Against Mother-In-Law House

  • Friday, August 11, 2023
  • Gail Perry

The original building codes in Lookout Mountain, Ga. were created in 1960 and are in the process of being rewritten and reorganized by the current municipal planning commission. As they are written now, some are open to interpretation and, based on his interpretation, Joe Hunsicker believed he was in compliance with the city’s laws as he planned what he considered to be an accessory building. It was to be a garage with large living space for a mother-in-law above two parking spaces. The planning commission’s interpretation of the ordinance was different, however,  and a building permit was denied. Mr. Hunsicker appealed the decision to the city council at the August meeting, which resulted in upholding the denial.

The house is located on a corner lot at 1415 Cinderella Road and Mother Goose Trail and there is not enough room, considering the required set-backs, to put the building to the side of the house. So he planned to put it four feet from the property line in the back corner. That does not satisfy the 15-foot setback from a side lot line that is required for a living space in the city’s codes. It would be acceptable, however, for an accessory building such as a garage that does not contain living space for people. The purpose of  setbacks is to protect neighbors from having other people so close without a buffer.

Additionally there is the possibility that, in the future, owners could rent the space to someone other than a family member or use the small house as a short-term rental. The planning commission and council’s interpretation is that the 900-square-foot building with 400 square feet of living quarters with a bathroom and kitchen is in reality a “tiny home” and not an accessory building, and that cannot be on the property line.  

The planning commission's decision was unanimously affirmed unless Mr. Hunsicker changes the location to put the building within the setbacks of the primary residence. The planning commission will move forward to clarify the requirements, restrictions and definitions in the ordinance.

Another resident, Thomas Clark, had an application for home sharing at 1404 Peter Pan Road that met the city’s conditions and was approved.

Speeding on Princess Trail is continuing even as the Lookout Mountain Ga. Police and Walker County Sheriff's Office monitor speed signs that have been put up for a traffic study. The speed detector has been put on the lanes going both up and down the road for the study. Once the information has been interpreted, the council will make a decision whether to build speed bumps on the road, said Councilwoman Taylor Watson. She also continues to remind drivers that speed limits are being enforced all around the city and she reminds residents to lock their cars and doors to their homes.

Statistics from the police and fire department for July compiled by Chief Todd Gann show that officers patrolled 2,462 miles in the month, made 20 traffic stops, gave nine citations, 22 warnings and responded to six wrecks. During the month six burglar alarms, four suspicious persons, five suspicious vehicles and two open door calls were checked but there were no burglaries or thefts. The police provided assistance to nine citizens, six motorists and the Lookout Mountain, Tn. Police five times in July. The department also responded to 10 fire calls and 19 medical calls.

The constant battle with potholes continues, said Councilman Kevin Leckenby, and he asks for residents to notify the city if they notice one is forming. Another road problem that the city is aware of is settling on Turnberry Court above a stormwater drain. It will be excavated to determine how to proceed.

The public works department continues to remove brush and leaves and the councilman thanks residents for their help and reminds them that it is their responsibility to maintain rights of way in front of their homes. Anticipating fall leaves, he asks for leaves to be put on the street as they fall to avoid them building into big piles that are difficult to move when they get wet. A final walk through has been completed with the gas company’s Fairyland line replacement and any issues found are being addressed. The second phase of the gas line restoration has started on Apollo Road and will continue south down Scenic Highway to the state line. Repairs to street lights in front of Fairyland Elementary failed and will require additional work. Sidewalk repairs will continue when the city’s service truck is back in service. The next day the dumpster will be on the mountain is Sept. 2.

City Attorney Bill Pickering told the council that participation in the TSPLOST program will be back on the ballot in  Walker County this November. Taking part in this program will add one cent to the sales tax, that is projected to bring in $45 million. Of that amount, the state of Georgia would receive one percent as a service fee and the remainder would be divided between the municipalities in Walker County. Lookout Mountain, Georgia’s share would be 2.5 percent, he said. The money collected would be used for transportation infrastructure such as roads, streets and bridges.

Wes Hasden, chairman of the city’s sewer board, told the council that the board has decided to rehabilitate the existing pump station on Chickamauga Trail before starting the second phase, which will be to build a second pump station on the southern end of the city. The original engineering firm and the city have been unable to come to an agreement regarding the terms of the contract so Mr. Hasden said a bid process to select another engineering firm has begun.

Mayor David Bennett said that the recent event for children held on the lawn in front of city hall to celebrate the end of summer was a success. Around 200 participated that day with children, fire hoses and playing in water. He said that the city will continue to look for a variety of events that can be held at city hall.

The mayor also reminds residents that the annual fundraiser for Fairyland School, Music on the Mountain, will be held at the Lookout Mountain Club on Wood Nymph the night of Saturday, Aug. 26.

Breaking News
Latest Hamilton County Arrest Report
  • 4/28/2024

Here is the latest Hamilton County arrest report: BRANNER, LAYTHANIEL DEWAYNE 1121 DOUBLE S ROAD DAYTON, 37321 Age at Arrest: 33 years old Arresting Agency: HC Sheriff Booked for Previous ... more

Latest Hamilton County Arrest Report
  • 4/27/2024

Here is the latest Hamilton County arrest report: AKE, NAOMI MICHELLE 7421 BONNY OAKS DR CHATTANOOGA, 37421 Age at Arrest: 47 years old Arresting Agency: HC Sheriff Booked for Previous ... more

Latest Hamilton County Arrest Report
  • 4/26/2024

Here is the latest Hamilton County arrest report: ALLEN, JOSHUA DAVID 137 GREENHILL AVENUE FRANKFORT, 40601 Age at Arrest: 30 years old Arresting Agency: Chattanooga PD ASSAULT ... more