Forsyth County BOC Approves Unified Development Code Variance

After much haggling and nine separate motions, the Thursday agreed to extend the amount of time a property owner has to seek an extension to a granted variance.

In the past, the Zoning Board of Appeals or Board of Commissioners could approve a variance application for one year but if application for a development or building permit was not made within that year, the variance approval expired and the applicant was required to go through the process again.

By a vote of 3-2 with Chairman Brian Tam and Commissioner Jim Boff opposed, the board agreed to change the county's Unified Development Code to grant the variance for a period of 48 months and give the Director of Planning and Community Development the authority to grant a 12 month extension.

Dist. 4 Commissioner Patrick Bell and Dist. 1 Commissioner Pete Amos pushed for a longer period of time. Citing the faltering economy as one reason a property owner may want to delay building on his property. Bell made a series of motions starting with five-year variance.

Each one was defeated by a vote of 3-2 and seven votes later, his motion for 48 months with a 12-month extension also failed 3-2 with Boff, Tam and Commissioner Todd Levent opposed.

But, apparently Levent didn't understand Bell's final motion because moments later he made the same motion for 48 months with a 12-month extension and this time, it passed 3-2.

"It's an improvement," Bell said Friday morning. "I'm still not satisfied because I believe it sends the wrong message that we're not a business or property rights-friendly county."

In other business, commissioners again delayed a decision on a request by Carl Williams to rezone three acres on Mathis Airport Road from neighborhood shopping to commercial business development to accommodate a  with a drive-through window.

This is the fourth time this request has been postponed. By a vote of 4-1 with Bell opposed, the board postponed the request until the Dec. 15 meeting.

Bell said the restaurant could bring 30-35 new jobs to the county and that the nearest homeowners association and all but one neighbor had expressed their approval.