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Planning commission overturns denial on landlocked Dennis William Road parcel, allowing owner to pursue remedy
Summary
The Planning and Accounting Commission voted to overturn the zoning administrator's decision that had denied potential permitting for a landlocked lot on Dennis William Road (Parcel 024 A 094), citing deed/plat evidence and commission discretion to allow the owner to seek access remedies.
At its January 2026 meeting the Upson County Planning and Accounting Commission voted to overturn a zoning administrator decision that had concluded a Dennis William Road parcel created in 1996 lacked legal access for development. The commission's reversal permits the owner to pursue access remedies and, if needed, to apply for building permits consistent with the commission's direction.
Staff had presented the case as ZAA2025-03 and told commissioners a recorded easement alone does not meet the county's subdivision ordinance requirement that a lot "touch a road." The zoning administrator summarized staff's reading: the parcel "didn't have legal access because it was landlocked" and that historical plats show the lot was cut in 1996, after zoning rules took effect. Staff recommended either creating a private road or appealing the decision.
The property owner (identified in the hearing as Mr. Fowler) said his deed includes a 30-foot recorded easement and that utilities and a prior residence existed on the lot. He said he had been checking what size of home could be built. After discussion about how the ordinance applies to lots created around the 1995 zoning effective date, a commissioner moved to overturn the zoning administrator's decision. The motion was seconded and the commission voted in favor by voice vote.
Commissioners said they would look for ways to avoid unduly penalizing owners who acquired rights before staff's later recordkeeping captured the situation. Staff indicated the owner can pursue the remedies discussed, including creating a private road that meets the ordinance or working with neighboring owners to ensure legal access.
The overturn clears the immediate procedural barrier to the owner's obtaining a future permit, subject to compliance with subdivision and access requirements; staff advised about the typical remedies (private road construction or easement clarification) and next steps.
