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Hart County denies front-setback variance for Melody Pointe builder after heated debate
Summary
The commission unanimously denied a hardship variance that would have allowed a builder to keep one house 7 feet inside the 40-foot front setback, after developer testimony about a costly error and neighborhood concerns about precedent and character.
The Hart County Board of Commissioners voted to deny a front-setback hardship variance for one of two homes erected in the Melody Pointe subdivision, following presentations from the developer nd attorney, a legal review by the county attorney and public comment from neighbors and other builders.
An attorney for the developer, Dylan Wilbanks, said the contractor nd his clients mistakenly measured setbacks from the edge of the paved road rather than the property-right-of-way and asked the board to grant a 7-foot variance for one lot. He said complying by moving the framed house would cost roughly $75,000 to $80,000 for that lot.
Developer Steven Parsons told the board, "We're a small business. We made a mistake...we're not here to argue that point," and asked the board to treat the request as a narrow hardship variance for a single lot. He and a partner said they had other lots in the subdivision but that moving or redesigning the framed house left few feasible options without the requested variance.
Several commissioners pressed that granting the variance could set a precedent across neighborhoods where similar mistakes might be claimed; one commissioner noted the county must govern for the entire community, not a single builder. The county attorney outlined the variance standard in the subdivision ordinance and warned that any variance could invite legal challenges (mandamus actions) from other property owners if it created inconsistent treatment across the neighborhood.
Neighbors and nearby builders spoke in the hearing. Daniel Gordon of Melody Farms said the neighborhood felt the house "looks very odd" and urged conformity to the ordinance. Builder Scott Perkins said he had taken steps to survey setbacks and that the house in question was "way too close" and should be corrected. The board then took a motion to deny the variance; the motion passed by voice vote recorded as unanimous.
After the denial, the developers said they would consider their options for the framed house, including stabilization or removal; the board authorized stabilization work in the interim where necessary but rejected the variance request.
