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Applicant withdraws two Creekstone setback variance requests after public opposition

January 11, 2025 | Dawsonville, Dawson County, Georgia


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Applicant withdraws two Creekstone setback variance requests after public opposition
The City of Dawsonville Planning and Zoning Department and council on two variance applications for lots in the Creekstone subdivision heard sustained public opposition and allowed the applicant to withdraw both requests without prejudice.

The withdrawal came after a public hearing on variance applications VAR C-2500068 and a companion request for an adjacent lot. Planning staff had recommended denial because the requested front-yard reductions exceed the 20% maximum variance allowed under the city code. The applicant’s attorney, George Butler, said the developer plans to refile consistent with the code or seek a lesser variance and said topography limits buildable area on the two lots (TMP 083-026-189, 210 Timber Ridge Road, Lot 64).

Neighbors testified at the public hearing that the proposed reductions would create safety hazards, reduce driveway lengths, encourage parking on sidewalks and streets, and harm property values. Resident Logan Samples said a house built at the reduced setback would be visible from his dining room and that driveways cut to the proposed dimensions would likely block sidewalks and impede emergency access near a fire hydrant he estimated about 11 feet from the proposed house edge. Shelby Argento, who lives across from the lots, urged the council to require a single house or convert the lots to green space rather than approve reduced setbacks.

Planning director Ron Haney reviewed the staff analysis, citing Section 907 of the Dawsonville Land Use and Zoning Ordinance and the ordinance’s 20% cap on front-yard reductions. Haney told council staff disagreed with the applicant’s responses to variance-criteria questions, noting adjacent owners could be affected and that special circumstances appeared to result from the applicant’s actions.

After the hearing, the applicant asked to withdraw the applications rather than press for action that could exceed the council’s statutory authority. Mayor and council members voted to accept the withdrawal "without prejudice," allowing the developer to refile later. City Attorney Kevin Tallent told the council no action was required tonight on the merits and confirmed the council could permit a withdrawal and later consider a refiled application.

The hearing produced the record and public comments that the developer said it will use to consult neighbors before resubmitting. The city will place any refiled variance applications on a future agenda for public hearing and vote.

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