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Zoning board denies proposal to open personal care home at Scarborough Road property

5797495 · September 12, 2025

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Summary

The Henry County zoning board denied a request to operate a non‑home‑occupation personal care home at 585 Scarborough Road after neighbors expressed concerns about the house size, layout and septic capacity despite applicant and supporters saying the facility would fill a local need.

The Henry County Zoning Board denied a conditional‑use request to operate a non‑home‑occupation personal care home at 585 Scarborough Road, Ellenwood. The board voted to deny CU2411 after a public hearing that included staff recommendations, testimony from the applicant and multiple neighbors both in favor and opposed.

Staff recommended approval but with limits tied to the property’s utilities and ownership. Ken Salano, planning staff, told the board that the Unified Land Development Code section cited for personal care homes (4 0 3 19 of the code) permits a non‑home‑occupation personal care home limited to six clients with an approved conditional use and that state licensing would be required under the transcript citation “OCGA 30 one‑seven‑twelve.” Salano said environmental health reported the existing septic system would support only five clients without upgrades and recommended conditioning approval to five clients until septic improvements were completed; staff also proposed limiting approval to the current owner.

The applicant, Remi Idaiwa, said the facility would address a shortage of local housing for seniors and create jobs. "This home is going to address the growing needs of Henry County to house the seniors amongst us," Idaiwa said during his presentation. Supporters including Rhonda Weatherspoon and Natalie A. Allen described demand from families and disability coordinators seeking placements.

Opponents raised detailed concerns about the house’s size and interior layout, the proposed number of occupants, and whether the property met state application requirements. Carol Alexander, a nearby resident, said the three‑bedroom, two‑bath structure was too small for seniors and questioned mobility access: "It's too small to house 5 people." Polly Lawton, citing applicable state code language, said application materials lacked required sketches and an on‑site office required under the statute cited in her public comment (transcribed as "111‑8‑62‑03" in remarks). Building department staff Rud Holt told the board he could find no record of a recent interior renovation at 585 Scarborough in county permitting systems.

Board members asked the applicant about staffing, overnight presence and whether the owner would live on site. Idaiwa said staff would rotate shifts and he would not reside at the house; he also said the property had previously been enlarged to include a fourth bedroom, but building staff could not confirm permits for interior work. Salano reminded the board that any operating license would also require building and life‑safety approvals and state licensing prior to operation.

After questions and public comment, a board member moved to deny CU2411. The motion carried; the transcript records the request as denied, but does not record an individual vote tally on the public record excerpt. The denial overrides staff’s recommendation and ends the current application; any future applicant or owner seeking the same use at the property would need to file a new conditional‑use application per the code and the board’s practice.

The case record includes staff recommended conditions tying client capacity to septic improvements and a restriction limiting the conditional use to the current owner; those conditions were not adopted because the board denied the request. The transcript also indicates the applicant must obtain building permits, fire‑life‑safety approvals and state licensing before operations could begin if a future application is approved.

Ending: The denial closes CU2411 for the current applicant. Staff advised that any future change of use would require separate approvals and that county departments — planning, building, environmental health and fire — would need to sign off on utilities, layout and safety systems before licensing and occupancy could occur.