Wednesday, December 20, 2000
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Wednesday, December 20, 2000 |
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Daughter can't move onto parent's land By MONROE
ROARK A Fayette County man seeking permission to build a house for his daughter on his land was turned away last week by the Board of Commissioners. Ronald Fincher needed a rezoning for 2.66 acres of his Davis Road property to develop a single-family lot for his daughter Melissa Mann. The land is currently agricultural-residential, as is nearly all of the surrounding property. Mann addressed the board, saying that her family has lived on the land for 25 years and she would like to move back near her parents and raise her daughter there. Several neighbors spoke in favor of the request as well. Only one person, also a neighbor, spoke in opposition, saying that the rezoning would "open up the gates" for other development changes in the area. Commissioners Herb Frady moved to approve the request, and Vice Chairman Greg Dunn seconded it for discussion purposes. But Commissioner Linda Wells said that the board would be in effect rezoning an island because of the surrounding property, and she was not in favor of that. In addition to affecting the community, the move could backfire because the family may not live there forever, and it would set a bad precedent for the area, she said. Frady countered that the land use plan calls for lots of two to five acres there, and many lots of various sizes are in the area, so he doesn't see where this would be a spot zoning decision. But he was alone in that sentiment, as his motion was defeated 4-1. Chairman Harold Bost said that while some lots are grandfathered in, a lot of this size in that area would indeed be spot zoning. In an unrelated request, the commissioners approved a larger lot for rezoning on Rivers Road. Guillermo Devarona asked to change 5.38 acres from R-45 Conditional, which allows one-acre lots, to R-70, which requires two-acre lots, to develop a single-family residential lot, and it was approved unanimously. County staff and planning commissioners had recommended approval, saying that it was in compliance with the land use plan and compatible with the surrounding area. In other business: * Bob Lee of Blairsville requested rezoning from R-45 Conditional to R-70 for 18.83 acres on Rivers Road for a single-family residential subdivision. This also was recommended as compatible with the surrounding area and in compliance with the land use plan. There was no opposition to the request from the audience. During the commissioners' discussion period, there was some discussion of flag lots on the property, and Fire Chief Jack Krakeel was consulted on it as well. There was some concern about flag lots as far as their accessibility for emergency vehicles. Among the conditions on the rezoning handed down by staff and planning commissioners, it was stipulated that property owners of proposed flag lots provide adequate address identification, provide driveways a minimum of 14 feet in width, and properly maintain the driveways so there is no difficulty getting in and out during an emergency. This would ensure that vehicles such as large fire tanker trucks can efficiently locate and gain quick access to properties when needed. Dunn move to approve the rezoning with conditions, Bost seconded, and it passed 4-1 with Wells opposed. * Dan Stinchcomb requested rezoning from A-R to R-50 (one-acre lots) for a single-family residential subdivision on 153 acres fronting on Lester Road and Old Norton Road. The Planning Commission recommended approved of R-72 zoning subject to a number of conditions. The property abuts the city limits of Fayetteville, where a representative of the applicant said 56 lots are currently under development in the city on one-third to one-half acre each. Andrea Jones of the Dillard and Galloway law firm spoke on behalf of the applicant, saying that surrounding high-density tracts make this request a proper one. She also pointed out a recent state Supreme Court decision in favor of a local developer against Henry County to illustrate what she called "constitutional issues" concerning her client's right to develop the property. That did not sway the commissioners, however, as a motion was made to deny the request and it passed unanimously. * The county is ready to begin construction of four fire stations, after approval of a contract bid for nearly $2.6 million. Six firms submitted qualified bids for construction of stations 1, 5, 7 and 10. The low bid from Holley Construction Company was accepted. These projects are slated to replace existing fire stations built years ago when the department was comprised solely of volunteers. Now that full-time firefighters man the stations around the clock, space has become tight and improvements are necessary, according to county officials. Station 1 is expected to be completed by June 1 of next year, and all four should be completed by the end of 2002.
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