County denies restaurant rezoning

Tue, 11/18/2008 - 5:08pm
By: John Munford

Owner wanted to open site up for retail use; cited antique store for Old Mill property

A petition to lift commercial rezoning restrictions from the former Old Mill Steakhouse site was denied unanimously by the Fayette County Commission Nov. 13.

The owners had sought to remove the condition that limits the property to being used only for a restaurant. But the commission’s action left that restriction intact.

Kay Davis, one of the property owners, said in the current economy it is extremely difficult to operate a restaurant. Davis said her intent was to lease the Bennett’s Mill facility, located directly off Ga. Highway 54 east of Sandy Creek Road alongside Whitewater Creek, to be used as an antique shop.

There is a for sale sign also on the property.

Davis noted there was a lengthy list of uses that would be prohibited on the site under the recommendations from county staff and also the planning commission.

But several commissioners said they wanted to honor the original intent of the rezoning in 1983 and leave the property zoned as is. Prior to that rezoning the property was zoned for residential use.

Commissioner Eric Maxwell said the current commission has in the past year denied commercial uses of property zoned for residential development.

“If we did open the door we may be opening Pandora’s Box,” Maxwell said. “... Just because it’s hard economic times does not mean it’s time to do a rezoning.”

A number of residents in the adjacent Crystal Lake subdivision spoke against the rezoning, saying they wanted to protect their quality of life and keep the building from being opened up for more retail uses. The entire neighborhood was opposed to the rezoning.

The commission’s action also left intact a requirement that a lot adjacent to the mill tract, which is in the Crystal Lake Estates subdivision, be used only for a single family home.

Davis contended that lot, located at the subdivision entrance, is not separate but was combined with the mill parcel as part of a previous rezoning application for the site.

Davis said part of the reason the property is commercial in nature is because of the 30,000 cars that travel past the restaurant each day. She said she agreed with the suggested use restrictions proposed on the site by county staff and the planning commission.

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