“All right, we’ll take one more!” said County Chairman Bill Slaughter in a public hearing at the 9 July 2013 Regular Session of the Lowndes County Commission. The Commission declined to enforce a covenant for the neighbors, but it is still playing enforcer for a garbage company owned by investors in New York City.

5. Public Hearing — REZ-2013-07 Leatherwood, 2402 or 2406 James Rd. R-1 and R-21 to R-10, LC Water and Sewer, ~0.71 acres

County Planner presented the case the same way he did the previous morning at the Work Session. This time they had a copy of the agreement with the neighbors signed by the applicant. The neighbors still wanted the Commission to guarantee that covenant.

Speaking Against

Curtis Hankins, 2109 Jeff’s Place, said

I’ve spoken with everyone in the neighborhood on that street, and no one wants Mr. Leatherwood to build that house.

Hankins also said the house was going to face a different direction than originally proposed. Hankins said he had photos and a petition, and everyone in his neighborhood was concerned about their property values. That plus they all want the neighborhood covenant enforced.

Commissioner John Page asked for Hankins to pass the pictures around so the Commissioners could see. Commissioner Demarcus Marshall asked how the covenant played into this. Chairman Bill Slaughter said the applicant had signed it and would abide by it.

Brandy Dykes, 2095 Jason Circle, said separating the property was an attempt to build another residence

literally right on top of the one he already owned.

Kenneth Graham, 2107 Lynnhaven Road said he’d been there since 2007, so

our home value has taken a major hit with the economy, and we don’t need anything else to drag it down.

Chairman Slaughter asked if there was anyone else who wanted to speak against, and remarked

All right, we’ll take one more.

I don’t know that he gets to decide that on a public hearing. This isn’t Citizens Wishing to Be Heard, with its arbitrarily enforced arbitrary rules.

Doc Baldwin of 2079 Lynnhaven Road said he’d moved there from Portland, Oregon, and talked about covenants and restrictions, complaining the applicant wanted to put too many houses on too few square feet.

Speaking in Favor

The applicant, Johnnie Leatherwood, 2406 James Road, said he would abide by all covenants. He seemed to say that with county water and sewer he couldn’t build a smaller house.

Commissioner Joyce Evans asked if his front would be facing Lynnhaven. He said, “yes ma’am.” He also asserted he had 12,000 square feet, not 10,000. Commissioner Page quizzed him about the covenant again, and the applicant said he had agreed to it.

Commissioner Questions

Commissioner Evans asked Planner Davenport whether the house facing Glynnhaven would meet the covenant restrictions. He said yes, except he wasn’t aware of a minimum lot size in the covenants. Applicant would, however, have to change his roof (as mentioned the previous morning). However, he said the covenants the Commissioners had seen were for the cul-de-sacs on the north side of Lynnhaven,

Commissioner Raines said in his opinion

the question before this board is is this a legitimate use of this property. And I think if we get too far beyond the scope of that question then we have exceeded our authority as a board of commissioners. So the question before this board is: is what he wants to do with that property and acceptable use for this piece of property. I think the issue involving covenants is for a different entity than this board.

He didn’t indicate what other entity that might be. And he didn’t indicate the county should stop suing a local business about a waste collection covenant.

Motion and Vote

Commissioner Evans made a motion to approve and Commissioner Page seconded. Unanimous approval.

Video here.

-jsq

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