Wednesday, November 21, 2001
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Wednesday, November 21, 2001 |
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Property rezoned to make room for garage By DAVE
HAMRICK Fayette County commissioners had to rezone a home on South Kite Road recently, just so the owners could build a garage. But commissioners weren't prepared to grant the R-40 zoning category that Joe and Vasana Smith had asked for. R-40 allows homes on lots as small as one acre. Instead they approved R-85 zoning, which allows homes on three-acre lots. At issue was the required side yard setback, which is 50 feet under the home's previous A-R (minimum five-acre lots) zoning. R-40 would have reduced that setback to 15 feet, making it easier to fit the garage on the lot. The approved R-85 category requires a 25-foot setback and, after a great deal of discussion, the Smiths decided they would be able to squeeze the structure onto the 3.9-acre lot without violating the 25-foot space. Commissioners unanimously approved the zoning change. Donald J. and Donald Glen Davis, owners of 1.9 acres on Ga. Highway 85 north, didn't fare so well with their request for industrial zoning to allow a repair facility for large trucks. That's what the land has been used for in recent years, Donald J. Davis told commissioners, adding that the owners only recently discovered that the use doesn't conform to the current commercial zoning. But in preparing to approve the zoning, commissioners wanted to attach a condition creating a 100-foot undisturbed watershed buffer to protect Morning Creek, plus a 50-foot watershed setback from that buffer, a total of 150 feet. That would tie up too much of the property, Davis said, adding that he wanted to withdraw the petition. Withdrawal wouldn't be allowed at that point, commissioners said, because a motion was already on the table. Commissioners voted 1-4 against the motion to approve the zoning subject to conditions, in effect giving Davis the withdrawal he was requesting. Commissioner Linda Wells, who made the motion to approve subject to conditions, cast the lone vote in favor.
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