Green Replat Request Denied

A request to divide one Hodgeson Avenue lot into two drew a capacity crowd at the January 18 Commission meeting. Other agenda items included a report by Local Planning Agency Chair Greg Lang, a public toilet, fire protection for city tax payers, garbage collection contract and sundry administrative issues.

Gerry "Randy" Green of Kathleen GA, made a request to split a Hodgson Avenue lot. He argued that his request met all legal requirements and that he had not seen the subdivision`s protective covenants when he bought the property last summer. (The covenant prohibits more than one house per lot.) Commissioner Heath Davis noted that Mr. Green`s map of the proposed replat was unclear as to the dividing line of the two lots. Rod McGalliard, an opponent of the replat, asked Building Inspector Mickey Wieland to clarify his recommendation regarding satisfaction of all requirements of the City Code. City Attorney David Coffey responded, saying that the City must not interfere with covenant restrictions, and that a replat must take that into account. Only Mr. Green spoke in favor of the replat.

Two homeowners living adjacent to the Green property asked the Commission to deny the replat request. Ruth Hernandez, who lives on the south side, cited the protective covenant that limits one house per lot, adding that the replat would increase density and devalue other properties in the subdivision. She mentioned that one neighbor had combined two lots to assure low density. She acknowledged that the replat would benefit M. Green, but at the expense of nearby property owners. Frank Offerle, whose home is on the north side of the Green property, seconded Ms. Hernandez` remarks and reiterated that there had been no changes in the protective covenant since the subdivision was approved by the City Commission in 1981. He concluded by saying that after the required setback from the city right-of-way the second lot would be unbuildable.

Three homeowners in a subdivision adjacent to the Green Property spoke in opposition to the replat. Their subdivision has a covenant that is identical to that of the subdivision in question. Maurice Hendrix said that he agreed one hundred percent with Hernandez and Offerle. Rod McGalliard, who owns property in both subdivisions, said that approval by the Commission in the face of the covenant would set a bad legal president. Danny Dye said that when he bought his home he knew the deed restrictions and relied on them to protect his investment.

After deliberation each Commissioner gave his or her reasons for denying the Green request. The primary reason was that allowing the replat would abrogate the protective covenant. Commissioner Ken Daniel added his concern that the Green request raised questions about in fill and setbacks. The Commission voted unanimously to deny the request.

LPA Chair Greg Lang updated plans to revise the Comprehensive Plan and Community Redevelopment. The LPA will have three meetings and/or workshops in January and February. Hiring a CRA Manager will have highest priority. A manager`s job description will be determined by the Commission.

The acceptance and location of a public toilet provided free by the Suwannee River Water Management District caused an elaborate discussion of the operation of a composting toilet. Eventually, Margy VanLandingham observed that the CRA plan and hiring a manager budgeted for $94,000 got a few minutes of discussion, whereas a free and clearly needed public toilet had caused a legislative gridlock. The Commission then voted four to one to accept the free toilet, with Commissioner Ken Daniel voting "no".

Sandra Buckingham presented a petition to the Commission asking for rapid action regarding fire protection to city tax payers who live far beyond adequate supplies of water for fire fighting. Of fifty homes far from fire hydrants, fifteen are city tax payers. The November McJordan fire attracted the attention of fire insurance companies, with the threat that policies will not be renewed. Mrs. Buckingham was promised that the issue would be on the next meeting agenda.

The City`s garbage collection contract ends in April. If no changes are made the contract will be extended for five years. A potential bidder asked to be considered. Commissioner Heath Davis moved and got a second that separate bids for garbage collection and curbside recycling be sought. The motion passed unanimously.

During discussion of administrative issues uncertainties about the demise of the Gulf Trail surfaced. Mayor Paul Oliver will ask Earl Starnes for clarification. An exchange of shoreline property at the west end of Fifth Street owned by Ronnie Taylor for access to Taylor property at the south end of Sixth Street via a city street was unanimously approved based on a motion by Commissioner Davis and seconded by Commissioner Sue Colson. Final action by the Commission was to put David McCumbers` request for a hearing on his proposed clam raceway on the next possible legally advertised meeting. The approaching clam rearing season and administrative complications generated the need for action.