Planning commission denies rezoning for proposed group home, staff cites 'illegal spot zoning'

The Pickens County Planning Commission voted unanimously on May 11 to deny a request to rezone 1.2 acres at 2297 Henderson Mountain Road (Parcel 062A 038) from Rural Residential to Highway Business. Planning Director Charles Reese presented staff’s recommendation to deny the rezoning, stating that introducing a commercial zoning designation into a residential area would constitute illegal spot zoning and conflict with the county’s comprehensive plan.

Applicant John Gier, who said he paid cash for the house after his recovery through the Appalachian Judicial Circuit Accountability Court, told the commission he planned to operate a group home for up to 12 men and to install surveillance cameras monitored by ADT and the court program. Gier invoked the Americans with Disabilities Act and the Fair Housing Act, saying he believed opposition to the proposal was rooted in prejudice against people in recovery.

A neighbor-supporting speaker, Chris Feely, described his own three years of sobriety through the Appalachian Drug Court and spoke in favor of the facility. An attorney representing neighboring property owners, Joshua Scoggins, urged opponents to raise their hands in the gallery and argued that the proposed use fits the definition of a halfway house (not a compliant group‑home use) and that additional procedural steps apply, including separate hearings over time; he also argued the rezoning would amount to illegal spot zoning. After discussion, Board Member Larry Brown moved to deny the request per staff’s recommendation, citing spot zoning concerns; Board Member Pat Holmes seconded and the motion carried unanimously, 5‑0.

Director Charles Reese reminded the record that the commission issues recommendations and the final decision rests with the Board of Commissioners.