HOMER - The Banks County Commission is not willing to vary its minimum residential building lot size by 0.53 acre.
Tuesday night, the commission voted against a variance from Pam and Jerry Squires for a reduction in building lot size from two acres to 1.47 acres at 688 Wrights Mill Road.
Banks County zoning regulations require a minimum lot size of two acres for a residential lot to be considered buildable.
On Oct. 6, the Banks County Planning Commission, after hearing from several neighbors, voted to deny the variance.
Tuesday night, the Banks County Commission held a public hearing on the variance request.
Melissa Wood, a real estate agent representing Pam and Jerry Squires, addressed the commission.
"I have purposely asked Mr. and Mrs. Squires not to attend this meeting tonight because of tears and other things that would just get in the way," Wood said.
Wood said the couple lives a few minutes from Alabama, but wants to construct a three-bedroom/two-bath house to retire in on the lot on Wrights Mill Road.
"I'm not asking for a permit for a mobile home," Wood assured commissioners.
She pointed out the Squireses paid $14,500 for the 1.47 acres, and that the owner who sold them the property had been promised by the county she could put a house on it.
Wood asserted Banks County allowed the previous owner to split her property and record the deeds in the clerk of court's office. She contended the county shouldn't have allowed her to split the property into a size that wasn't buildable.
"This board didn't ask her to split it up," Commissioner Charles Turk told Wood.
Commission Chairman Jimmy Hooper chastised Wood for not making sure of the zoning before selling the lot.
"You told me you've sold property here in Banks County," Hooper said.
"Yes, sir," Wood said.
"Were you not aware of the zoning and ordinance that we have in place?" Hooper said. "I think one phone call prior to selling this piece of property would have sufficed."
Wood argued that because her clients weren't asking to put a mobile home on the property the surrounding land values wouldn't be affected.
Turk asked what the difference is between a mobile home and a stick-built home, pointing out both are residences.
Wood explained there is a big difference from a real estate agent's standpoint.
"But would you not agree that one phone call to the planning office or the annex by someone doing their due diligence and ask what are the zoning requirements?" Hooper said. "I have a problem with that, Ms. Wood. I do, I have a real problem with that."
Commissioner Sammy Reece asked if there was a plat on the 1.47-acre parcel in question.
When Wood told him there was not a plat of just the 1.47-acre lot in question, Reece said, "I don't see how it ever closed without that plat. I don't see how closing was done without a legitimate plat on that piece of property."
Before voting against the application, commissioners heard from former Commissioner Gene Hart, Martha Threatt, Carmine Fuschetti, Mark Bene and Kenneth Flint. All live in the area and are opposed to the variance, saying they all have larger lots and don't want "cluster homes" in their area.
Hart told commissioners he had been in their seats and understood the difficulty of making decisions, but pointed out the parcel does not meet zoning requirements.
"We didn't want a subdivision when we moved in there, and we don't want a subdivision now," Threatt said.
Flint cautioned the commission that a variance could create a precedent.
Reece made the motion to deny the request. Turk seconded the motion, which carried unanimously.
