Council denies setback variance for business on 3-2 vote

A mistake of inches is causing a big time headache for a Peachtree City company that recently expanded its building in the city’s industrial park.

Alternate Energy Systems recently built an addition to its office and warehouse on what was formerly a service area for the business. A foundation survey completed after the building was constructed, however, showed that the building encroached six inches into the 50-foot rear setback for the property.

Carl Lange of Group VI construction said the mistake was an honest one and the company had no idea the addition would violate the city’s setback rules.

Councilwoman Cyndi Plunkett suggested that Alternate Energy Systems attempt to buy a strip of land from its neighbor along the violated setback so it would get the company out of violation. Councilwoman Judi-ann Rutherford said if Group VI had performed the foundation survey before completing construction, the company could’ve avoided the problem.

There is a wooded buffer in between the two parcels, officials indicated.

Mayor Harold Logsdon and Councilman Steve Boone said they wanted to approve the variance in part because it would create a significant financial hardship on the company.

Lange said it would cost between $100,000 and $200,000 to fix the error. But council voted 3-2 to deny the variance, with Logsdon and Boone voting against the motion.

Historically, council has averted almost all setback variance requests, hoping to avoid setting a legal precedent. But on this occasion, city staff requested the variance be approved, noting that the applicant made “an honest mistake” and the encroachment is in the rear of the building and not visible from the street or adjoining properties.

Plunkett noted that minutes before this discussion, council voted to deny a fence height and setback variance for a homeowner who would have to tear down the existing fence and rebuild.