Builder's appeal to be heard Tuesday

GAINESVILLE - An appeal of a "stop work" order issued to a builder who was constructing two houses in a Gainesville subdivision is scheduled to be heard Tuesday by city planners.

Building Systems Network, Inc. was ordered to stop work on the houses in Waters Edge because they are industrialized structures which are not allowed in the subdivision, according to city officials.

Gainesville Building Official Larry Brown wrote Building Systems March 21 stating "the homes located at 2663 and 2668 Waters Edge Drive Southwest, Gainesville, have been permitted based on incorrect, inaccurate or incomplete information given to this office..."

Brown went on to tell the builder that the city had learned that the houses are industrialized homes and that under the city code and ordinances, such dwellings are not allowed in R-1, or Residential-1, districts.

"These permits were taken out as site built homes, with no mention of their being industrialized modular homes," Brown continued.

In its appeal notice, Building Systems says cited four grounds for appeal:

1) The municipal code provides no ability for the placement of the residential dwelling in a residential area;

2) The action of the administrative official overreached and misconstrued the municipal code in its entirety;

3) The ruling provides for a unique hardship for the owner under the circumstances; and

4) The decision was not based on admissible competent evidence.

The appeal will be heard as part of the planning and appeals board's regular meeting Tuesday at 5:30 at the Georgia Mountains Center.