GAINESVILLE – It took a while to get there, but Thursday night the Hall County Commission voted to deny a rezoning request concerning 5.7-acres on the east side of Thompson Bridge Road adjacent to Lanier Village Estates.
Lanier Village Estates (LVE) is a 107-acre retirement community of nearly 600 residents, most of whom have been actively involved in opposing the rezoning effort that was first submitted by D. Barrett Investment Properties, LLC, in late March.
But the commission’s vote may not be the last word in the plan by Barrett to construct a three-story self-storage facility and an automated-car wash (later changed to a medical-office building) on the property.
Moments after the vote, as he left the commission meeting room, developer Dustin Barrett said, “I think I have a very non-intrusive use…but they (Hall County Commission) did their job…and they looked out for the people of Gainesville, so I don’t have a problem with that…but I plan to appeal the decision.”
Leading in to the Board of Commissioners’ decision, Commissioner Billy Powell thanked both sides on the issue, the developer and residents of LVE, for repeatedly meeting to discuss differences, and for Barrett’s willingness to make concessions to appease the concerns of LVE residents, but Powell then worded his motion: “Evidently all the compromising didn’t come out, so my motion is to deny.”
Powell’s motion was seconded and approved unanimously.
As far as the appeal process is concerned, Hall County Attorney Van Stephens explained after the meeting adjourned what would happen next if Barrett filed an appeal.
“Applicants in a rezoning case have the opportunity to appeal the board’s decision to the Superior Court within thirty days,” Stephens said. “If that happens it’ll be an opportunity for the county to answer and the matter would be placed before the court.”
“A civil case is formed and we respond,” he added. Stephens said he and his staff would likely handle the county’s response, but there are occasions when outside legal help is brought in. “It just depends upon the circumstances.”
