CLARKESVILLE - The Habersham County Commission voted Monday night to deny requests from two businesses to locate in heavily-residential areas.
The first request was from Jerry Burrell, who operates a small auto repair shop on family property on Camp Creek Road outside Cornelia. The shop has operated since before Habersham County had land use and zoning regulations.
Burrell said his son-in-law would like to be able to sell cars on the property, but the state would require appropriate land use designation on the property, in this case HI.
Burrell's cousin, Barbara Bramlett, reluctantly spoke against the request, citing concerns about possible depreciation of home values and dislike of "a more commercial neighborhood".
Carolyn Fox, who lives across the road from the property, said she doesn't oppose what Burrell wants to do with the property, but noted, "He's like me - he's not going to live forever."
Fox said she doesn't want to see uncontrolled commercial development in the neighborhood, though she knows Burrell won't bring that.
"Jerry would never put nothing awful there, because he's too fine a man," Fox said. "But when he's dead and gone ... what will happen to it then?"
Commissioner Ed Nichols suggested to Burrell that he have the property re-surveyed to show only the acre with the shop on it, then re-submit an application.
Nichols made the motion to deny the current application, with Commissioner Sonny James seconding and all voting in favor of the motion to deny.
Similarly, after hearing from five people who are opposed to a wholesale landscape supply (mulch) business locating on Highway 17 in the Amys Creek Community, the commission voted 3-2 to deny that application from Joseph Caleb Huiet of Sautee.
Huiet was represented at the meeting by attorney Spencer Carr.
Carr said Huiet would use about three of his 18 acres for the business that would sell to other landscapers. He noted the applicant had not spoken with the Georgia Department of Transportation about the driveway, nor determined where on the property the business would locate pending Monday night's commission decision.
"It belongs on Highway 365, not on Highway 17," said Sylvia Prescott, who lives a short distance from the proposed site.
Nearby resident Julie Fraser read into the record a written statement by her and her husband Donald opposing the conditional use application.
Citing safety concerns, Diane Feorino, who said she was representing herself, her husband and her parents, said, "This is not an area to have a business. We do not want this area destroyed."
Craig Elder, who lives a short distance from the proposed site, said there's already a similar business within a mile of that location and he worried one of the sites would put the other out of business.
Common concerns were air and noise pollution from turcks delivering and picking up mulch and other supplies, additional traffic, traffic safety and stream pollution.
Commissioners clarified the application didn't contain where on the parcel the roughly three-acre business would be located.
After a motion by Nichols to deny and a second by James, Vice Chairman Victor Anderson questioned whether a better understanding of where the applicant plans to locate the business might change commissioners' minds about the business. Similarly, Commissioner Natalie Crawford questioned whether having a more definitive application could change their minds.
James, who formerly served on the county planning commission, said, "As I've said, I don't like buying a pig in a poke."
Nichols, James and Chairman Andrea Harper voted to deny the application, while Anderson and Crawford voted against denial.
After the meeting, Nichols discussed his motions and votes to deny the applications.
"I would encourage Mr. Burrell to go back and re-submit," Nichols said. "In other words, take his property and draw an area that's just for commercial. That might pass."
Regarding the proposed wholesale landscape supply business, Nichols did not encourage re-submittal.
"The other piece of property that we voted on tonight was strictly in the middle of a residential area, and I couldn't see doing that," Nichols said. "And in particular on a very dangerous piece of road right out there with a hill and so forth."
http://accesswdun.com/article/2015/11/350210/habersham-shoots-down-rezoning-requests-for-businesses