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Stephens County commissioners approve four variances, deny pallet‑recycling permit and postpone data‑center rule changes

Stephens County Board of Commissioners · April 28, 2026

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Summary

The Stephens County Board of Commissioners approved four front-yard/accessory-structure variances, denied a conditional-use permit for on-site pallet recycling and split consideration of land‑use ordinance changes — approving accessory-structure amendments while postponing data‑center provisions for additional study and a work session.

The Stephens County Board of Commissioners voted April 28 to approve four property variances, deny a conditional‑use request for pallet recycling on Freeman Creek Road and postpone action on proposed data‑center ordinance changes pending further study.

The board approved variance requests for Robert Bernstein (allowing an accessory structure in the front yard), Van Houston (1165 Anderson Thomas Road; topography leaves a single buildable location; applicant spoke in support), Brandon Martin (1640 Gumlog Road), and Mark and Nancy Witt (1272 Lakeside Trail; request included a right-side-yard setback reduction to 4 feet). Planning staff said the Planning Commission recommended approval of each variance. Commissioners moved, seconded and took voice votes; the minutes record unanimous "Aye" responses on each item but do not list a roll-call tally.

On the conditional‑use request from Jason Rodriguez and Tania Constantino for on-site recycling of wooden pallets and lumber production at 414 Freeman Creek Road (Planning Commission recommendation: deny), the board voted to deny the application. Applicant Jason Rodriguez described modest sawmilling and pallet-recycling operations and said most product is shipped out; he told the board the site had been used about eight to nine months and that the property was provided by a family member without applicants realizing land‑use requirements. Rodriguez said much of the activity involves a single log truck and a pickup that makes infrequent pickups.

Opponents emphasized noise and road‑safety concerns. Chad Andrews, a resident who identified himself and his address, said sawmilling noise is audible at approximately 2,600 feet and estimated roughly 53 residents could be affected, and he warned that the narrow local roads are not designed for heavy commercial traffic. Andrews asked the board to request a Department of Transportation study on sight distances, road width and the impact of large commercial vehicles.

On the proposed Stephens County Land Use Ordinance changes, staff presented amendments including a planning-commission recommendation to reduce maximum accessory‑structure height in single‑residential zones from 50 feet to 25 feet, and changes to data‑center utility‑use provisions (noted in proposed sections K4d and K5b). Commissioners split the item: they adopted the accessory‑structure amendments and postponed action on the data‑center ordinance to allow additional review, peer outreach to neighboring counties, and a work session that would include economic development and utility representatives. One commissioner noted an existing moratorium through July that provides time for the study.

Richard Santiago, who submitted written suggestions and addressed the board during citizens' input, urged robust standards to protect community character and recommended that water‑cooled data‑center operations not connect to public water, among other safeguards. Another commenter, Sherry Jeffers, thanked the board for the moratorium and asked for close study of noise, water, power and lighting impacts.

Why it matters: The board’s actions will change local accessory‑structure standards and maintain a cautious approach to data‑center permitting while preserving the county’s ability to review site‑specific conditional‑use requests. Denial of the pallet‑recycling permit reflects board concern about locating light industrial operations in established residential areas.

What’s next: Planning staff will schedule a work session on data‑center standards and will hold additional public hearings if ordinance language is revised further. Applicants denied under the conditional‑use process may appeal or reapply in compliance with zoning.