Dawson County commissioners uphold planning commission denial of accessory dwelling at 494 River Overlook Road

The Dawson County Board of Commissioners on Thursday affirmed a Planning Commission decision to deny an appeal by Kareem Hawthorne seeking permission to use an accessory structure at 494 River Overlook Road as a separate dwelling.

Richard, Dawson County planning director, told commissioners the application (VA-25-15) asked the board to overturn the Planning Commission’s Oct. 21 denial. He said county records and the Dawson County Code, chapter 1.21, show the RPC (residential planned community) zoning district does not permit accessory structures to be used for everyday residential living. "Per county code chapter 1.21, RPC zoning district does not allow an accessory structure to be used as a secondary residence," Richard said.

Hawthorne, the applicant and property owner, said he bought Lot 14 in 2019, combined it with Lot 13 and obtained permits before building a 3,800-square-foot, two-level structure with bedrooms, kitchens and a three-car garage. He told the board he relied on county and developer approvals and on inspections over several years. "We have spent over half $1,000,000 building that structure out, and 5 years later, we are now being told that we can't have that structure," Hawthorne said in his presentation.

Hawthorne said the main house received a certificate of occupancy in 2022, and county inspections were inconsistent for the accessory building and pool. He said county staff and the developer previously approved the project and that a certificate of occupancy for the accessory structure was issued two weeks before the hearing.

Olivia Coughlin, vice president of the Chestatee property owners association, urged the board to uphold RPC standards and the community covenants. Coughlin said the POA accepts pool houses and guest structures used temporarily, but opposes reclassifying accessory buildings as separate, permanent residences because of long-term neighborhood impacts. "We support the RPC code," Coughlin said.

During deliberations, commissioners focused on how the structure was being used rather than its size. A majority concluded the record showed everyday residential use, which is not permitted in RPC zoning. Commissioner Gaines moved to affirm the Planning Commission’s decision; Commissioner Stowers seconded. The board recorded the motion as passing "3-1 to uphold the planning commission." The motion language was to "affirm the decision of the Planning Commission based on RPC zoning standards." The transcript does not record a roll-call vote with individual yes/no names in full.

After the vote the applicant asked whether Dawson County defines a specific number of days that separate a "temporary" stay from everyday living; Richard said staff would follow up with the applicant to clarify enforcement expectations and any administrative guidance.

Because the board’s action affirms the Planning Commission, the county’s zoning determination stands unless the applicant pursues judicial review or requests a formal text/amendment to the county’s land-use code. The board also recorded several procedural approvals earlier in the meeting, including minutes and a consent agenda action.

The board meeting adjourned after tabling a separate resolution on cost-of-living adjustments for elected officials until Dec. 18.