The Columbia County Planning Commission voted to approve a rezoning in Evans’ West Lake neighborhood during its meeting Thursday night, one month after the Board of Commissioners (BOC) voted down a variance request at the same residence.
Homeowner Sandip Patel had requested that his property on Evans to Locks Road be rezoned from R-2 to R-1. The one-acre parcel includes his 14,624-square foot home and the brick-finished wall surrounding it, which reaches up to nine feet at its highest point.
Both zonings are Single-family Residential, but R-1 would allow for a freestanding wall up to eight feet in height.
Last month, the BOC unanimously voted to deny Patel’s request for a variance to allow for the wall, following suit from the recommendations of both the Planning Commission and planning department staff.
Planning manager Will Butler noted to the planning commissioners that the property would be suited for an R-1 zoning, as it’s just over an acre in size and, though its current R-2 zoning requires connection to county sewers, has a septic tank. Staff were concerned about spot zoning, however, as the lot would be the only R-1 surrounded on either side and behind by R-2 homes.
There are R-1 homes directly across the street from Patel’s home, Butler mentioned, though they are not part of the West Lake subdivision.
Patel’s lawyer David Huguenin stressed to the commissioners that the primary issue his client is addressing with the rezoning request is that of the wall.
“Basically… we could argue that what we’re doing is we’re trying to bring the lot into compliance with the county ordinance,” Huguenin said. “The sewer is not available. I would hope that you all’s opinion would not be to dismantle an eight-foot wall.”
Wright McLeod, attorney for the West Lake Property Owners Association (WLPOA), begged to differ when he spoke before the planning commissioners, indicating neighbors are worried that changing the zoning for the property would be “opening Pandora’s Box.”
“It’s really not a wall issue… It’s a lot more than that,” said McLeod, alluding to the current covenants disputes between WLPOA and the Patels regarding the home. “The house was built. It was not approved. What was approved was not built, and then they attempted to shoehorn themselves back in.”
McLeod did acknowledge that the Patels have acted toward addressing those covenant issues, such as removing a smaller building that was on the property, moving large signage behind the wall, and leaving the front gate of the home permanently opened. “There’s a reason that we have uniformity of zoning,” he said. “There’s a reason that we have covenants so that everybody lives under the same rules. You, in essence, by approving this [rezoning], are changing the rules after the game has already begun.”
Planning Commissioner James Van Meter motioned to recommend approval of the rezoning request, adding a condition that the wall be maintained, saying, “You have neighbors. Be a good neighbor.”
The commissioners voted in favor unanimously.
Skyler Andrews is a reporter covering business for The Augusta Press. Reach him at skyler@theaugustapress.com.
