Tim Trammell can go ahead with plans to build six homes on 3.11 acres across Commerce Drive from Habersham Park following a close vote on the Fayetteville City Council.

Mayor Mike Wheat cast his tie-breaking vote in favor of Trammell's request to change the property's zoning from C-2 (commercial) to O&I (office and institutional).

Ordinarily, O&I zoning is used for office developments, but the category does allow residential development. Using the office zoning category allowed Trammell to develop the property without having to use about one-third of the property as buffer between his land and a shopping center next door.

Councilman Walt White objected to the rezoning because Trammell's plan for the six homes will leave three of the building lots split by a large detention pond.

"It would be hard for me to vote for something where people can't get to the backs of their lots," said White.

"They have to pay taxes on something they can't get to," agreed Chris Hagin, who spoke for a group of concerned residents who live nearby.

"It's the buyer's choice. If the lot is too small, they won't buy it," countered Councilman Glenn Brewer.

Billy Brundage of Integrated Science, engineering firm for the project, said the developer is in a bind because of the detention pond. "We ask that you would work with us on this," he said.

The catch-22 came about because the firm built a larger than usual detention pond on the property in question to serve the Courtyard at Habersham neighborhood across the street. Trammell was going out of his way to solve a long-standing erosion problem caused by a large shopping center on Ga. Highway 85, built years ago when drainage requirements were less stringent.

The developer originally had asked for R-THC zoning for the land, which allows townhouses, but council members told him they would prefer single family, detached houses because of the neighborhoods surrounding the property.

Brundage said the plan presented Monday is the best solution. Though the lots will use some utility because of the pond, he said, the space remaining on each lot will still be larger than the lots in Courtyard at Habersham.

White and Councilman Kenneth Steele voted against the rezoning. Brewer and Councilman Larry Dell voted in favor. Councilman Al Hovey-King was absent.

In other rezoning action Monday:

Council tabled until Feb. 1 an annexation and rezoning request from Hayes Development for a medical office building and bank on Ga. Highway 54 near Fayette Community Hospital. Council members told agreements from adjoining property owners for joint access, to reduce the number of curb cuts on Hwy. 54, and they want approval from the Georgia Department of Transportation for Hayes' planned curb cut before they'll vote to approve the project.

"Tie up the loose ends and we'll consider it," said Councilman Larry Dell.

John and Mary Ronas received approval of their request for O&I zoning for their property on Johnson Avenue next to First Baptist Church. Their house on the property burned down recently, and the couple asked for the change in zoning category to help them sell the land.