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Planning commission denies request to remove sidewalks at Oak Manor subdivision
Summary
The commission denied a developer's request to eliminate previously approved sidewalks in a 22-lot subdivision at 5444 Oak Manor Way, citing that sidewalks were shown on recorded plats and prior approvals.
Hall County Planning Commission on Jan. 20 denied a request from PhD Developments LLC to remove sidewalk requirements for a proposed 22-lot subdivision at 5444 Oak Manor Way.
The applicant, represented by Kent Henderson, asked the commission to remove sidewalks the developer said were unnecessary for a small subdivision of larger lots and to reduce construction costs that can affect lot affordability. Henderson said many surrounding subdivisions lack sidewalks and that he has sold several lots in the development already.
Staff noted the approved land-disturbance plan (LDP) from 2021 and the recorded plat (2023) both showed sidewalks on one side of the road (south side). Planning staff recommended denial of the applicant—s removal request. Commissioners said the project was too advanced and the recorded documents already showed sidewalks; one commissioner said the "ship's already sailed" with sidewalks recorded on the plat. The motion to deny the variance to remove sidewalks carried and the planning commission's recommendation will be forwarded to the Board of Commissioners for final action at the Feb. 27 public hearing.
Commissioners did indicate, in discussion, that in some future cases the board could consider sidewalk requirements on one side only, but not on this record where sidewalks were included on an already-approved and recorded plat. The planning commission recorded the denial and directed staff to forward the recommendation to the board; no further conditions were added.
