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Panel approves rezoning for proposed group home over staff objections after debate on spot zoning and procedures
Summary
The planning commission approved RZ191151 to rezone a 1.2-acre site for a proposed group home despite staff recommendation to deny; opponents raised spot-zoning and procedural concerns and counsel argued the use more closely resembles a halfway house requiring additional hearings.
The Pickens County Planning Commission voted to recommend approval of RZ191151, a request to rezone a 1.2-acre property at 2297 Henderson Mountain Road from rural residential to highway business with special conditions to permit a group-home use, after a contentious hearing that included legal objections, supporter testimony, and applicant rebuttal.
Planning staff presented the application and recommended denial, saying the highway-business designation would create an isolated commercial district inconsistent with the comprehensive plan’s rural-residential character and could set a problematic precedent for future zoning requests. The staff report identified criteria in the county ordinance used for land-use decisions and concluded there was insufficient evidence to justify commercial zoning at that location.
Applicant John Geyer, who identified himself and his address for the record, said the highway-business designation would be limited by special conditions so the site could only operate as a group home and not become a general commercial use. Geyer described the project as housing for people recovering from addiction and emphasized oversight measures including on-site supervision and 24-hour video surveillance; he said the fire marshal had approved capacity for about 12 residents and that he planned to cap occupancy at 12. "The fire marshal approved it for 12 guys," Geyer told the commission.
Supporters at the hearing described successful outcomes from local recovery programs and urged approval. Opposing counsel Joshua Scoggins (Bunwood Scoggins) represented nearby property owners and argued the request amounted to illegal spot zoning. Scoggins also said the facility more closely fits the legal definition of a halfway house than a group home and asserted that state law requires two public hearings separated by six months for such uses; he warned approval could be challenged in court.
Geyer rebutted, saying the property is adjacent to but not inside a subdivision and raised the Americans with Disabilities Act and the Fair Housing Act as reasons the county should not deny the request solely because the proposed residents are people in recovery.
A commissioner moved to approve RZ191151 contrary to staff recommendation; the motion was seconded and the chair called for a vote. The motion carried by voice/hand raise; the transcript does not include a roll-call or numeric tally. The planning director reminded the commission that its action is a recommendation to the Board of Commissioners, which will make the final decision.
Public commenters also raised operational concerns: Jessica Frank said she supported the concept but worried Henderson Mountain Road was secluded and that residents face long travel times to employment and services. The meeting adjourned after the commission completed its agenda.
