Planning Commission - Regular Meeting

Good evening, ladies and gentlemen. We are about to call the meeting uh for the uh planning commission for March 3rd, 2026. But before we get started, we would like to observe a moment of silence. One of our colleagues, Commissioner Pearl Hollis, passed away two and a half weeks ago. Uh Pearl has served on the planning commission board along with me since the beginning. And uh it's very unfortunate that she passed uh two and a half weeks ago. So, let's have a moment of silence. Thank you. Ladies and gentlemen, as you know, the planning is the recommending body to the city council for applications that come before the city. Uh we recommend either to approve, defer, or deny. Once those applications have finished the cycle with our body, then they still move forth with the city council. Ladies and gentlemen, the applicants are the the application is first uh presented by the planning department to the council, the planning commission, excuse me, off a little bit to the planning commission and uh once the planning department has made their presentation and given us the recommendations of the planning department, the applicant has a chance to present his or her case. The applicant has 10 minutes to come forth before the planning commission and state

why his or her application should be approved. And the applicant does also have time within that 10 minutes for supporters to speak in support of the application. Also, any opposition to an application has 10 minutes to present the case of his or her uh doing or the organization. If there's a large group of people that want to oppose an application, we always suggest that you have a spokesperson because you only have 10 minutes to present the facts or the concerns of the opposition. The applicant has time to come back and to address those in his or her rebuttal. The opposition does not have time for rebuttal. We ask that everyone please silence your phones uh during the hearing. And each hearing will be open by a motion by the planning commission. And once it has been approved, we will go into the public hearing of that application. All right. At this time, I'm going to call the role. Commission District One, Commissioner Erica Williams. Commission District 2, Commissioner Joyce Walker. Commission District 4 is vacant. Commission District Five, Limu Hawkins,

present.

And Commission District Three, Eric Hover, chair present. So, let the record reflect there are three commissioners present for the meeting for tonight. Uh, commissioners, I would like to have an amendment to the agenda for tonight because Madame Mayor will be present to swear in the appointment for the planning commissioner for district 4, u, Mr. Jackson. So, I want to amend the agenda for tonight to reflect that we're going to first have the swearing in and then we will go down the agenda as was stated uh, in the email. Is there a motion for approval of the amended agenda for tonight reflecting that the mayor will be swearing in the new commissioner first on the agenda?

I second that approval. You make the motion? No. Okay. I do. We move I I move that we uh amend the agenda to uh um allow uh Madame uh Madame President wish for thinking madame mayor to make her presentation in swearing um our new planning commissioner. I second that motion.

Okay. Motion by Commissioner Hawkins, second by Commissioner Walker. All in favor vote by saying I. I. Any oppose? Let the record reflect. is unanimous that we amend the agenda for this evening and is unanimous by all three commissioners. Next, I'm going to ask for approval of the minutes dated January 6, 2026. Is there a motion? I move we approve the uh minutes from the planning commission meeting of January 6, 2026 with no with no revisions as submitted. I second that motion.

All right. Motion by Commissioner Hawkins, second by Commissioner Walker. All in favor vote by saying I. I. Any opposed? Let the record reflect. It's all unanimous uh decision to approve the minutes dated January 6, 2026. And at this time, we will bring forth uh Madame Mayor Jasmine Kbble with her presentation and sworn in of Mr. Jackson. Thank you, Mr. Chair. Good evening. Good evening. Good to see you. All right. Thank you for your uh forward thinking. Commissioner Hawkins, I'll take madam president one day.

Yeah. Uh I am, as the chairman said, I'm here to swear in the district 4 commissioner. So, Mr. Jackson will join me. Um we will get the party started. Now, we don't have a Bible, but imagine that there is one in front of you. You'll place your right hand uh in the air. You'll repeat after me. I'm saying words and then you'll just repeat those words. Um when I say I, you say your name. Don't say my name, say your name. And then we'll just go through it. There's a few sentences here and then end we'll we'll sign and then you'll be able to join the DA. Ready to go? No turning back now. Okay. All right. Here we go. I

do solemnly swear or affirm that I will faithfully execute

the office of planning commissioner for the city of Stonerrest and will do to the best of my ability to support and defend the Constitution of the United States, the Constitution of Georgia, and the charter ordinances and regul ulation of the city of Stone Crest. I am not the holder of any unaccounted for public money due to this state or any other political subdivision or authority thereof. We're halfway through. I am not the holder of any office of trust under the government of the United States, any other state or any foreign state which I by the laws of the state of Georgia and prohibited from holding. I am otherwise qualified to hold set office according to the municipal charter, the code of the city of Stonerest, the constitution and the laws of Georgia. I am a resident of district 4 in the city of Stonerrest. I will perform the duties of my office in the best interest of the city of Stonerest to the best of my ability without fear, favor, affection, reward, or expectation thereof. Congratulations, Commissioner District 4. You're welcome.

On these things, I think you'll be able to I'll tap you in. You can you can join the diet. I think we have two here. There are three here. My goodness. Aren't we thorough? All right, your turn. All right. Signed, sealed and we I will deliver. Thank you all. Congratulations are in order for Commissioner Jackson, who will be now sitting for District 4. We'll wait for him to have a seat before we uh continue. We'll get you That one didn't work. Thank you, ladies and gentlemen. Let me see. Now, uh, we're going to go

into There's no announcement at this time. There's no old business on the agenda, but we do have some a new business in which we will bring forth the planning department to come forth with their presentation and then we will go from there. Thank you. Good afternoon. Afternoon. It is no. Good afternoon. I

I'm Ramona Everson, your senior planner here. Um the item we have one item on our agenda tonight which is slup 25-00007. The address is 1695 Spring Hill Cove. The applicant is Mr. Michael Stewart. The request is for a special land use permit to operate a personal care home. On the slide is a little bit of background. The property was developed as a single family home in the Rogers Crossing subdivision. The property has been used as a residence since it was built in 20 I mean 2002, sorry. There is another application for a personal care home in the neighborhood that was applied for in March of 2025. The home consists of 2,162 square ft and sits on 0.27 acres of public participation. The pro property owners within 1,000 ft of the subject property were mailed notices of the proposed special land use permit back in January. The planning commission uh meeting was held on February the 12th, 2026 at 6 p.m. at the city hall. There was one resident in attendance that asked questions about the request. The resident inquired about the level of care that would be provided for the clients in the home and if the applicant had a backup plan. if a nurse could not make it for a their shift. Staff was also asked whether the applicant would reside at the resident. The applicant stated that he would have certified personnel to provide care and if one nurse could not make it uh to work, another nurse would then be brought in to cover. He also stated that he would not live at the subject property, but his brother would be living at the home. staff advise the applicant that res resency by the applicant is a requirement of the proposed use.

On this slide, it shows the future land use map which is suburban. The star represents the subject property. On the next slide is our zoning map RSM. Um the star represents the subject property. On this slide is our aerial map. Uh the star represents the subject property. We've also included the location map and on this site is a submitted floor plan that was sent in to us for the property at 1695 Spring Hill Cove. Here are a few site photos of the property. And this slide reads our staff recommendation. Based on review of the application and supporting materials, staff finds there are several issues that are concerning. The structure appears to have been altered without permits or inspections. The garage area appears to have been converted into a living space. There was a quick claim deed that was submitted that does not appear to have been recorded and doesn't appear to be official. The applicant stated that they are proposing to care for three individuals and there are three bedrooms in the home. However, the brother lives at this location as well. Additionally, there will be a nurse at the home, too. Staff has concluded that the required findings for approval have not been adequately addressed for the proposed specialy land use permit. Additionally, the ordinance requires the owner to live at the personal care home. The brother lives at the home but has not given consent, attended any of the meetings to give support or any concern comment. Sorry. As a result, staff has concluded that the proposed use does not meet the criteria established by the zoning ordinance. So therefore, staff has recommends denial of the requested special land use permit. Uh this concludes our presentation for SLE 25-007.

Commissioners commissioners, any questions for the planning department? Commissioner Walker? Yes. I'd like to ask um Hello, can you hear me? Yes. Uh when you spoke with uh uh with the uh client, uh did they say anything about the alterations that had been done and that the owner was not going to be living in the home? Uh no. Well, he did not speak about the authorization that alteration that was done to the home, but he did say stated that the brother would be living at the home and he would not reside at the

What was the explanation when you told the client that that was one of the requirement requirements? We continue to tell the client over and over. Okay. Because when I started looking over, I was trying to figure out, you know, but he's here. if you would like to ask us some questions as well. Okay. Any other commissioners questions for staff? Commissioner Jackson and can you hear me?

Thanks. Um the square footage of the home with not considering the altered space. Do we know the full square footage living of the living quarters? No, I don't. But just You can ask him. I have a question, Mr. Chair. Commissioner Hawkins,

uh, taking into account we have a converted garage, is there a um a section in in in the Stone Crest code that requires uh unoccupied um or open uh covered parking like enclosed parking? do a roof. Uh, if I could, I'll I'll uh answer that question. Your question was, was there a section of the ordin that required um parking for residential? Is that correct? Well, not just parking, but an enclosed u completely enclosed garage, so to speak.

There's I don't think there's a requirement for a enclosed garage. Uh just the ordinance states you have to have enough space for four parking, four four cars in the park in the driveway at least. Thank you. Any other questions, commissioners? Okay. So, can I just get you repeat? So, the ordinance states that you have to have parking for four vehicles and the resident does not have the four.

Uh, no sir. I I think the uh intent of the question was because the applicant has enclosed the garage, did he still have proper um parking for the for the lot? And um it does appear that he does still have enough parking. Okay. So, he does still have parking for Okay. All right. Commissioners, any other further questions for staff? All right. Seeing that there now, thank you. Thank you.

All right. seen that there are none. Uh the floor is open if someone wants to do a motion to open the public hearing for slub 23. No, slug 25-007. Is there a motion to open public hearing for slub 25-007? Excuse me. I just I I I verified the park um the floor area. The floor area is 2,162 square ft. The garage space is not included within that c that um count. The garage itself is 500 square ft.

Okay. Thank you, Commissioner Hawkins. I move we we open um planning commission um report, excuse me, planning commission agenda item slub 25-00007. All right, there's a motion on the floor to open public hearing for slub 25-007. Is there a second? Second that motion. All right. Had a second from Commissioner Walker, then heard from Commissioner Jackson. All in favor vote by saying I. I.

I. Any oppose? Let the record reflect that all four commissioners voted unanimously to open public hearing for slub 25007. At this time, the applicant may come to the podium if he or she is here. Please state your name and your address and you can begin your presentation.

Um, Mike Stewart. I current Forest Glenn Drive, Mcdana, Georgia. 300 30252. All right. um seeking a special land permit for address 1695 Spring Hill Cove to open the home healthcare. I've been here before, you've heard my story. And this time around, the objections from the staff is a little bit different. Uh my first goound, the concerns were parking and if I was going to live there. Uh, by the time I got to the planning commission, all those questions were answered and they recommended that I go back through the system, which is not a problem. Now I'm here again in front of you guys and the objections is totally different. I just want to understand why the goalpost keeps moving for me. Um, and I'm directing this to the staff. As far as u my brother not attending, I've stated this several times. He works the third shift. So, you know, when someone finally gets a $25 an hour job, that's his number one priority. And that's what I would want to be his number one priority cuz I can't take care of him. So, as far as him being here, that's the explanation for that. You know, this this is our project, but I'm the older brother and I'm spearheading this situation. So, as far as his attendance, that just can't be happen right now because he's currently at work. You know, he works all the way till 5 in the morning. Yes, he'll be residing there, but based on you're saying the structure has been altered. That's where he currently resides in the garage. That space was made out for him when my mother was living. Um, you know, we've done it up. So, as far as the rest

of the house, I think the previous meeting you guys asked where the 24-hour nurse would be living in the master bedroom, and the other rooms would be designated to the clients, which are a government um a government program which the government will be paying for to go over your concerns. Again, there will be schedule visitation for those clients. The only car would be there would be the nurse. That's 24 hours. And my brother when he's home during the day until he goes to work. Um, so there would not be any as far as traffic, any concerns concerning that. Again, there will be schedule visitation. So we don't have to worry about clutter or any cars taking up any additional space. Uh, as far as me residing there, I think I rectified that situation by doing a quick claim, Dean, and adding his name to the deed. Um, because the house was left to both of us. I'm just the oldest, so my mom saw it fit for me to be in charge. Um, I took care of that and based on the last meeting, uh, the city council, you know, the feedback was they shook your head and was like, "Yeah, well, he took care of that." Because the last question was like, "Why did you guys deny it?" we can play that back and based on you guys answer it was you didn't I didn't submit or I didn't have you guys didn't have all the information which you have now I'm back again in front of the committee and you know all the objections have changed so I just want you know to understand why I think I've answered all the questions I've come here humbly I just don't understand what's what's what's what's the problem with Okay, Mr. Stewart. Um, is there any questions for Mr. Stewart? Commissioner Jackson.

So, Mr. Stewart, just to uh clarify what you just said. Yeah. Um, and putting it in context of what the staff said. Yes. Uh, this is a threebedroom house. Four. Four bedrooms. Not including the garage. Including one, one, two, three, including the garage. Four per four peritted. Yes. I'm sorry. Three permitted bedrooms. Yes. Right. And the nurse would live in the master. Correct. Which would leave two permitted bedrooms. So your application I think is for three.

Yes. I mean you can have more than one client in one room. Okay. And your brother would live in the converted garage.

Correct. Where he currently resides? Like since my mom passed, it's an empty house. He's there to sleep and he goes to work and that's pretty much it. Um you know I did some upgrades of course you know knowing that this was what my intentions was when we me and him spoke because it's really based on her circumstance and her passing no one was there and that's why we even came about this is you know just so we can provide care for the elderly and the last time I was here um I was corrected by elderly senior citizen you know and citizen starts at 55 it's just unfortunate my mom was home had a stroke and no one was there with her. So when you know speaking with my brother doing going through our grief was like well let's do something for her and you know to have a situation where someone could be there for the senior citizens and take care of them there. Of course there's other facilities but that's more expensive. Not everyone can afford you know uh uh private living or you know the big communities they're building now. So this what this is what this even came about. So it's more about that than anything. Um, that's why I'm at it's it's not like I'm asking the five or six people, how much money can I make? You know what I mean? I could e I saying to you guys before, I could easily just sell the property, take a couple dollars in my pocket, and move on about life, not even go through this what I'm going through right now. But I'm fighting for it because it's more about the situation, about what I'm trying to do in the name of my mom, more than just putting a couple dollars in my pocket. Because if if that was the easy route, I wouldn't have even came back for the cycle. I would have I've already done the upgrades. I'd have just listed it, put some money in my pocket, and kept it moving. But it's not about that. It's about giving the the whole thing for my mom and to have something in her name for us. It might not mean anything to you guys, but for us, that's what we're trying to do.

Have one follow up? Yes. Go ahead, Commissioner. Um, your brother's residency there, is that is does he currently reside there or is that for future planning?

No, no, he currently lives there. that house is is like I said the rest of the house is not even used. He goes in and out through the garage. Um and you know he's a single male so the kitchen is even barely used. When I'm go there I don't even have to send anyone to clean. He cleans up his his you know his portion which is away from everyone because he has his own entry. And the house is just the same way I left it from last year because I've been going through this you know this is the second cycle around. Um, it's I just need a little cooperation, a little help. I don't want the goalpost moved for me. And I think I answered everything the first time. I did everything you guys asked.

Commissioner Walker question. And I'm not sure it's who it should be. I mean, should it be the client or the planning commission? Um, because here this is and my question is what I'd like to know the answer to is like, okay, he did a quick deed. I'm not sure I know what a quick deed is. You're an attorney. If you if this is this something that you can do a quick deed, that's one of my concerns there. And then it says on here, appears to have altered without permits or inspections. When you did that garage, I'm almost sure you had to have that. I know I had a roof done and I had to have

Well, that's a roof. I mean that it's the the garage has been done, you know. Oh, it's already been there. So, you can just That's not something you did. So, you know, I might have beautified it. You know what I'm saying? But it had been converted, but knowing that what we were doing here and I wanted him to have his own entryway and stuff and stay, you know, just keep him out of the client's pathway because of course this is a different living situation for him and he is a single male. So, I put the door so he could have his own entryway type situation. So, you know, let's let's Well, I mean, I understand all that. I understand what you're saying. I wanted that to know that.

Yeah. And as far as a quick claim deed, but both our names are on it. I just added him illegally to the property to Well, you did read they I had it notorized and everything and for I'm not saying what it said on there that it it's something I didn't understand the wording in your guys presentation. You said I did something. The quick lane deed that you stating that you where you added your brother name to it. Was that deed recorded at superior court with the cab county?

Oh, so that's something new. I'm I'm not, you know, 100%. I can't sit here and say no. So if what does that entail? That information was shared with you when you suggested that you would add your brother's name to it as far as recorded recorded at the county for superior court. So that information was shared with you, but I would like to just piggyback on a couple of things that were stated here.

The ball hasn't moved. The planning department has always stated to the applicant that you must reside at that location. We have made that consistent in our statements to him. We've made it consistent throughout this entire process. Even at the point where he started to suggest that the brother would reside brother resided there, excuse me, not suggest the brother cuz he's supposed to live there. I didn't suggest respectfully when you advised us that the brother resided there informed

we informed you that you were required to live there. So the question to you tonight would be is your brother also incorporated into your business aspect of this of this process? Yes, he's a part of the business. So he's a business partner with you that is listed on your application. Yes, I adjust I amended and came in and redid a whole another application with his name on it. Is he listed on the state documents for which you will be getting your applicants as a partner? I'm sorry, but I'm speaking with um the applicant, but I'm speaking with you.

Yes. If you're talking about what I submitted to the state, yes, when I applied to the city, did you provide that documentation to the city so that we could verify it? No, because we you stopped me before I could even submit to the county for the license. So, if you're asking me for his application for the for my business on there, I haven't gotten that far yet. Now, if you're asking me if he's a part of the LLC and is listed, if you Let's be a little bit clear. Is that what you're asking me? Is he part of the LLC?

He's a member, but it's not on the You told me to adjust the stuff when I got here. So if you're asking me you want me to go on the state and put his name there for your satisfaction, that is not an issue. You need to be a little bit more clear. I'm not looking for a debate as far now. If you want me to hold on a second because it's getting a little out of hand. Uh Mr. uh

Stewart, look at me. Okay. So I remember the last meeting and there was things they say that you needed to address. meaning that by law in the ordinance of the city of Stonerest that the a person operating this type of operation must have the owner of that house live there and then and I understand your mother had passed and you you and your brother both uh inherited the home correct

and then they stated well is he listed on a deed and you were going to make sure that your brother was listening deed and then and deeds or um let's lay it like this. I'm just going to talk hypothetical. If I'm All right, let's let's do it like this because I always like let's try to bring the temperature down a little bit because I'm a professor, too. So, and I asked you to do your homework and then you bring it back to class. The next day, we're going to discuss your homework and then you come to class and say, "Yeah, I'm ready. I did the homework, but I left my homework at home." When you leave a quick claim deed that's not recorded in the county where you live in superior court, then that means that the world doesn't see the homework you did. It doesn't see that your brother is on the deed. Even though you may have that at home, but if it's not in superior court on record, then the world don't know. And then let's say your house catch on fire and then only person they saw down there is either gonna be mama's name still on there or it's gonna be your name. But I'm just gonna say in this point it's probably going to be just mama's name if the house wasn't probated and everything was done through the probate system. So when you go into a municipality and they say well if we need this this is the one thing it's there no nothing has changed. Remember like the last meeting I told you the planning department are a group of professionals that are hired by this municipality to give their opinion and to work for the best interest of this city based off of their professionalism and their experience. And that's what they do when they say okay if you got one, two, and three A, B, and C, we could do this. If you don't have but one and three, we're not going to recommend that. I'm still talking. Absolutely. So if they can't do that because they don't have the tool that they asked for and it's a problem and then these uh our

plan partner they do a great job and so when they say all right so you came back and then they said you got one two three I did it but I left my homework at home then that caused them say well he doesn't have it and like I said we don't love we don't hate these people just apply the rules they don't love hate they don't know Mrs. steward. They don't you don't know them, but they're doing the job. So that's all they ask for. And so I can understand with a lot of times when people have death in their family, sometime we get emotional sometime, especially when we're doing something you never did before. And I get that. But we got to stay focused on the task. So we say, how can resolve this matter? So a a quick resolve, I'm just talking hypothetically. If one if the deed was recorded and you can show, hey, yeah, it was recorded the cab county page blah blah blah 1, two, and three. And they see that boom and you can move forward because some of the other stuff, the extra stuff when as long as you have the rooms according to ordinance, all you got to do is just apply the law. If you have everything going to according to the ordinance, it's it's no problem. But when you don't have everything, then you might get something extra less. They said, "Okay, I was just talking about homework, but now I'm looking at your uniform. You're supposed to have a uniform on and you don't have on your shirt and your khakis, but we was letting it go because we were just like, "Okay, it's the end of the year. He got his homework. We're going to get this final." Boom, boom, boom, we go. But so things look at things. They didn't say, "We're going to kick you out because you don't have your uniform on." They just ask you, "Where's your homework?" That's all. So that's all I'm saying. So, and so because we're still on your time now because you're the applicant talking, right?

Because the commission has to absolutely deliberate on this. So,

I'm just want one second. I'mma put it in your terms. You're the professor. These are your teachers aids. I spoke with your teachers aids prior to coming here to make sure I had everything that they would want. I spoke with Mr. Ellis. I said, "Can you please let me know if I'm missing anything before I come here?" A phone call, a email could have been made and said, "Hey, you didn't record that in soand so. I'm a normal citizen like everyone else." When we had that last interaction, you said, "Hey, that might take care of your problem." If the owner living in the home, that's a way you can handle that. I added my brother to the deed. I say, "Okay, cool. that takes care of that problem. The other problem was more of the parking. So, in my mind, I took care of that. Now, if your teachers aid would have said, "Hey, Mr. Stewart, we need you to record that." Because as far as I'm concerned, I'm a citizen. All I did was try to comply as far as the other owner of the property being on the deed. If you said, "Hey, you need to record that for us to recognize it legally." I would have went down there, could have I work for myself. I own a car car auto dealership. I could have went down there and did it and brought been here in compliance. So when when I get that or when I get that feedback from you guys, it's not like I'm trying to attack, but I ask for help. And that's what your teacher J's are here to do is help me. So when I called and I said, "Hey, tell me beforehand, am I missing anything so I can come prepared and have everything right here so I can get to the next level?" I've been fighting too long, like you said, to give up. So, if I had the help, which your teachers aids are supposed to do, I would have done that. And from what I can understand, that's really the only the only thing that from what I understand I'm hearing, you have to live there. You have to live there. I understand that. Well, I took care of

the owner part of it and all someone had to say is go record it, Mr. Stewart. So, I'm going to let that fall back on the teachers aids because I asked for help. It's not like I just showed up here and being defined or anything. I asked for that help. So if it takes me to go down there and record that, that can be done tomorrow. I just want just the help from you guys. I understand. But let me let me say this. I like that analogy, but you wanted to get something done and it's not the teacher even let's say but your hypothetical even if it was a teachers aid even though they're not teachers aid

but it sounding like I'm just talking this is Eric Hover talking to you now this is a chairman talking to you absolutely

it's not their job to help you go through the ordinance they're not lawyers They're just a planning department. It's their job to work with you to see if this is going to be a good addition, a good asset for the city of Stone Crest. Because if it's something that you don't know how to do in this process, normally I don't know if you watched any of our meetings in the past eight years, some people have an attorney. You have to go get you. Okay, you know what? I own my own business. I don't have a lot of time to do this. let me go hire an attorney who deals with zoning applications and let them say, "Okay, this is how you do it. We're going to make sure you got one, two, and three done." So, we got everything done. And they come and they do the presentation on behalf of this uh the client. And then the client stands up, "Yes, I that's my home. I I'm Mr. Stewart." And the attorney is going to go one, two, and three, and he's going to address all those legal issues. Nobody up here is supposed to address legal issues. It's not a law firm. And I think that the city of Stone Crest has been very uh lenient and uh assisting you or navigating not assisting you navigating you through the process because I've seen some applications come through and there's no navigation and there's nothing. So I'm just trying to bring I just all I would like to know going forward if that if I do that because again I'm I'm at the end of my fight now. It just feels I know it's not personal, but it's coming off a little bit that you sir.

I would just like to know exactly what is if that's the only objection at this point. I will do that tomorrow.

Well, let me let me say this. I let me say this to you. We're still on your presentation and we're in and this the commission talking to you on your 10 minutes because we haven't deliberated. You haven't heard what the planning commission has said. The planning commission is going to deliberate. They look at the recommendations of the planning department. They look at the past notes from the last time you were here and then they make a decision on approval, denial, deferral. So, it's okay. So, and I understand, trust me, sir, do not get a little bit tied up because it's a process. We have to go through a whole bunch of processes in life. I mean, that's just life.

And we and we want the city to grow, so we want to try to do what we can. Absolutely. So, let me ask this

because I know there's a gentleman sitting next to you, but how much time does he have left uh for his presentation and and can people want to speak in support? Five minutes. Okay. So, you have time. This gentleman wants to give his name and address. He wants to speak in support. He can do that. Thank you all. Yes, sir. Karine, I um I I um I'm a consultant. I own Sunrise Consulting Firm. I actually open up facilities for people. So, I'm doing that for Mr. Stewart here. I have done maybe 100 200 facilities, different counties. And um the zoning be different in a lot of counties. The question she was asking about, have we contacted the state yet? I'm the one doing the paperwork. I did put his brother on the paperwork for the state, but before I can get to the state to turn it in, I got to pass this part first before you can turn the paperwork in for the state. Um, a lot of counties, uh, you don't have to live in the facility to do this. It's not a requirement for the state. You don't have to live in the facility. Long you have proper um proper proper staff to run it. this the first time the county did deliver the living the facility. So I feel like um um when you mention about the quick claim of the deed uh I didn't know it was wasn't recorded. I thought it was recorded but I thought that would take care of that part. As far as the parking is adequate enough parking as far as the clients um I'm the one going to put the clients in facility. Um, what my job is, I have a backlo of clients that need to be placed. So, I pretty much set the clients that I know that'll fit that facility where he's at. I put the people there that I know that would have worked there. And the people that

work there for that facility are be more clients that's that's really not outgoing. They don't go out. They mostly just sit in. And the ones that um that's walking, I usually have them go into a day program every day. They'll leave like 8:00 in the morning, come back like 4 and um and a van. All the clients get free transportation through Medicaid. So I work closely with the state, too. I own 11 facilities. I've been doing this since 1999. So I pretty much know the business backwards. and um uh the business be a great great revenue for this county, you know. Uh as far as any corruption, none of that. I ain't never had a place I done had a problem. All I've been getting aids all the way down the board. But as far as the um I'm sure it got a little heated. I hate that. But as far as you know, for if you all will, we can get that recorded. I'll make sure that's recorded for the superior court tomorrow. Okay. Yes, sir.

All right. Thank you, sir. And and let me reiterate again to uh both you gentlemen and and I understand you've been doing business in the state, but uh this is probably your first time do business in the city of Stone Crest. It's only been around since 2017, but the ordinance of Stone Crest takes president over anything as it relates to the square footage in this municipality. So even though you're doing what the state of Georgia says on the state level, you still got to comply with what this ordinance is saying if you want to do business in this square footage known as Stone Crest. So I understand that. I appreciate you sir for giving us that presentation on that and thank you Mr. Stewart. Is there any other questions for the applicant from the panel from the planning commission? Seeing that there are none. Well, Commissioner Hawkins,

good evening, Mr. Stewart. Good evening. And uh I didn't catch your last name. Wasim. All right. I wanted to make sure I pronounced your your last name correctly. Um just just from my perspective.

Yes, sir. instead of being laser focused on an item or two. Um because one thing I do know is the planning staff doesn't the the way the code is written they they can't move the goalpost against an applicant. Everyone plays on the same field. NFL plays on the same field as 50 53 yards wide 100 deep. uh Stone Crest Park Raiders, they play on the same field, 53 wide, 100 yards deep. Everything's the same. It's written in black and white. So, what I would suggest is if the staff gives you line items 1, two, three, four, or those are their reasons for denial because those reports have to go out in advance. Address everything before you come back to the meeting. It's it's it's not their responsibility to tell you um you still need to do X, Y, and Z because when they've handed you the paper or emailed you the paper, this is X, Y, and Z right here. So, um it's it's it's their way of staying true and not playing any favorites to anyone. They're like the referees of the city, to put it in layman's terms. Um also, you can always ask for, you know, an extension. um um um um uh to move to the next um deferral. Yeah. Yeah. To to move to the next meeting if you need more time. But one of the things that I might from my personal experience from the planning side is uh a couple of things that I know they can't approve in advance would be um handling anything that's illegally constructed. um prior to giving the new permit like your garage. It could have been done 20 years ago, but there's still no permits for

it. So, that's got to be handled also. So, I understand you you're you're talking about quick claim and whether I live there, but in just reading the report, there are other items that need to be addressed in advance. And that's just um some suggestions from my end. just address everything and then you can come back to the staff. Um, that concludes mine.

Thank you, Commissioner Hawkins. Any other commissioners questions? Commissioner Jackson. Similar to Commissioner Hawkins, I um looking at the the reasons for denial, which obviously have to be addressed, I would um research whether um you talked about the the number of approved or permitted bedrooms. And so with one nurse living in the master and having two bedrooms for the residents, I would if I were you also research, does that mean that since you're going from three to two that your application needs to be amended because that that could be a I don't know.

No, that that doesn't um Okay. Um, and then I concur with what uh, Commissioner Hawkins said about that u converted space being permitted. I would research what's required to get it permitted so that it could be usable, livable space as recognized by the city.

Thank you, Commissioner Jackson. Any further questions or comments before I get uh commissioner I mean before the Mr. Stewart the applicant uh sits down before I ask if there are any opposition just want to speak. All right. None. All right. Thank you. Thank you Mr. Stewart. You may sit down. Thank you sir. All right. Are there any other persons wishing to speak in support of the application? Seeing that there are none. Are there any persons wishing to speak in opposition to the application? Seeing that there are none, the floor is open for a motion to close public hearing on slop 25-007. Is there a motion to close the public hearing so we can go into discussion?

I move we close the public hearing for slub 25005 20 Yeah. 25007. Um, is there a second to the motion? Second that motion.

All right. The motion has been properly given by Commissioner Hawkins that we close here public hearing on slub 25007. Properly second by Commissioner Walker. All in favor vote by saying I. I. That the record reflect is unanimous that we have decided to close the public hearing on slub 25-007. The floor is now open for commissioners for discussion on this application. Commissioner Walker. Yeah, we are. But you still got to talk. Okay.

I just want to understand this better. if you want to open up this type of business. Okay. So, when you have to come to the table with all these answers, I'm sure with some of this I believe he said was from the governments. I'm sure they scrutinized you quite a bit on that too. But you have to know all of this stuff before you come for the um you know, before you come to

Right. Right. I understand what you you're asking. So you're asking, hey, you supposed to know this before you come to know what you got. But even if an applicant, if they don't know and they fill out the application and they say, hey, I want to do this as Mr. Stewart did. Then the planning department will get with the the applicant and they say, "Okay, all right. We see this department."

Yeah. they because they come initially with the planning department so they can see if they can get the business license and then when they need the course the zoning from us or the slub then they have to come before us for recommendation. So even though the applicant he filled out the application did some things and the planning department did advise him of things that need to be addressed. So in this situation two months ago when we saw the gentleman it was about our the ordinance our ordinance in Stone Crest says that a person has to be living in a home where the facility is going to be. So the gentleman stated hey I'm not going to be living there but my brother lives there and they said well your brother's name is not on the application. We need his name on the application and then even though we hear you talking we have to have documentation that the brother lives there. So, is there

documentation? Well, the brother is living there to my understanding right now. But the city needs to know that because they're not going to inspect the home. So, you have to show, hey, his name is on the deed. He says that Mr. Stewart and Mr. Stewart brother are the owners of this property. Remember, he said his mother died. done.

Well, not necessarily, uh, commissioner, because if the applicant, like I say, his mother just died within a few months. So, a lot of times you don't have chance to get all that paperwork in order. Some people do, some people don't, but that's not a hindrance. But the gentleman, it's my understanding that he did go to do the deed. However, he didn't record the deed. So, it's not like the cab county knows that both these persons own this property now. And so he had to bring back that proof to show them. So maybe based off of what we've heard that he probably brought a copy of a quit claim deed, but it didn't show a recording. And so that's what Mr. Walk, Mr. Stewart was addressing from two months ago was that. And so with him doing the other things uh necessary like the amount of u home I mean the amount of rooms for the persons that's going to stay in this personal care home that had to be addressed and I think that well based off of the presentation and from the staff recommendation that some of the things was just brought to the attention even though that garage has been converted into a home a room. We don't know when he was converted, but Mr. Stewart sake that's where his brother lives. So that's that wasn't the issue at hand a couple of months ago. The issue at hand was who lives in the house and was documented. And so right now is based off of my observance and hearing of the presentation. As we all heard, there's a quick lang, but there's nothing in the records, public records. Yes, ma'am. The director, did you want to I thought director Holly was looking at us. She want to say something.

I just wanted to add additional information, Mr. Chairman. Yes, ma'am. The the reviews that staff do um undertake when we review a case is um not on a personal basis. We have to analyze the requirements that are in the ordinance. Yes. And review based on that information.

When there's submitted documents that are incomplete or um inconsistent with the information that we request, we will research and analyze the information that is um presented to us. Um yes, we did see that the information that Mr. Stewart did submit it a quick claim deed, but um it's not for us to advise him. We are not his legal team to advise him that it should have been um recorded. Um but we did ask for that information. During that process, it was additional information that was submitted that we reviewed based on the application and we analyzed that information. We saw that um in addition an alteration was made to the home. Um, again, we have to look at each case, case by pa, case by case, not on a personal level, but based on the information and the requirements that are in the ordinance. Um, we did see that there were repairs um to the home unpermitted. We have to review that because not only are we looking out for the benefit of the residents that are currently in the home, we're also looking out for the residents that are will future in the future occupy that space. If that is not in compliance and we allow something to be approved in our ordinance that is contradictory of what we require, we have to point that out. If you feel like there's additional information that we require, it would be advantageous for the applicant to submit that to prove otherwise from what the information that we have. Now, we're not your legal team. We can assist, we can guide you, but we cannot advise you on what to do as far as your business is concerned. So, we did explain that before today, yesterday to the applicant. So, I just wanted to

state that for the record that of course any case that comes before the planning commission or even before any of the boards in the city of Stone Crest, it is not personal. This is based on what is written and um we are over the ordinance and we have to review that in that space. Thank you, Madam Director. Thank you.

All right, commissioners. Anyone else? Okay. So, what I'm looking at is that when you have navigations and you want it and and it appears that Mr. Stewart does want to do it, uh I I think that in this scenario, which if I was Mr. Stewart, it would behoove me to if the case was All right. So, if the case is deferred and he says, "Okay, I need to get my deed recorded." Okay, they're talking about this compliance because we're just a recommending body to the city council. You're still going to have to go to the city council meeting next week. Next week, if I went to that city council meeting, I would like to have my deed and start addressing the issues based off of here. And then if it was deferred, then the next meeting you come back, hey, I addressed that. and then the staff of state whatever they've said they address what the city council said and then we could go from there if that was to come back to us or if it was denied then it's almost a half a year. Yeah. If if it was recommended for denial be almost a half a year to come back to come back. You went with that. But if it's approved then hey go approved then that's good. But it sound like with the commissioners and the information that we've just got to find out about these things, I don't see that happening. Um but uh what it say is not a denial. But Commissioner, yes, director.

Um Mr. Chairman, could you um Mr. Stewart provide us with the name of the subdivision? Thank you. I can get that to you tomorrow. That's no problem. Like I said, I I just go check on the property, check on my brother, check the mail. It's still stuff is still coming in my mom's name. But I don't even I don't even look at the name of the subject. Just make that left and go on in. Thank you.

And and I just want to clarify. I'm not necessarily, you know, maybe my passion a little bit took over. I'm not saying anything's personal. It's just or thinking you guys are have anything personal against me. It's just before I came back, I thought I addressed everything. And I'm just thinking, you know, if the recording was I'm not trying to get over on anyone. I mean, I just, you know, I'm okay. I'm not rich, but I'm okay. So, I don't need to get over on anyone. I just want to do it the best I can. You know what I'm saying? To to in honor of her because it's right Now it's like I've wasted a year. You know, I spent60,000 up doing upgrades. If I just wanted my money back, I'd have just did what I had to do. I'm I'm trying to move forward for her. You know what I mean? So, um you know, so when to come here and think, oh, I I addressed everything and then I hear something totally, you know, a little bit not totally but a little bit off from what I expected. You know, the frustration maybe came a little bit off and I won't apologize for anyone because that was not my intentions. It just felt like I knew I came here, I addressed everything I need to be addressed, and to hear something a little bit different was just caught me off guard a little bit. So, I mean, I guess the clarity I'm looking for, I guess it's the recording and I guess when the meeting is done, I'll ask Ellis what the other objection was so I can see if I'm even going to continue to move forward without taking the fight out of me right now. But, thank you for your

All right. Thank you, M. Stewart, Commissioner Hawkins.

Mr. Chair, I just want to make sure that it it is clear to applicant Stewart and to staff, excuse me, and to this body. There's more than just I believe we're being laser focused on that quickly. We have unpermitted. We have unpermitted visions of structures that have that have to one be corrected, inspected and approved. Second of all, um then you can move forward with the permit. um as a governing body, as a planning commission or as the PL or or as the planning staff, they cannot approve a permit for something willingly knowing there's illegal structures or illegal construction on the property. As the executive director stated, um once you once you submit something to the city for for review, it opens up the property, it opens up the body, it opens up the home, everything is reviewed. We go not we, they go soup to nuts, top to bottom. Then it moves from there and it become and it can become a daunting cla uh task. It becomes overwhelming for a lot of folks. Mr. Stewart, you are not alone. I was on that side 30 years ago. You are not alone. It becomes very daunting, but it's a lot because most people do not understand and and I would say sometimes here in the south definitely that um you need a permit just just about to do everything except for sneeze. Except for sneezing. You need a permit to do everything. And so um I just wanted to make sure we're clear on that. It's not just a quick claim that that's small. compared to the other items. So, I just wanted to make sure that for the

record we we get that okay, we get that recorded and everything's hunky dory. Oh, it it's it starts all over. I just wanted to make sure that we're all on one accord. Those things have to be just prior to us reviewing it again. That concludes my statement. Thank you, Commissioner Hawkins. May I add something to Oh, to the Yes, ma'am. Madam,

um, one additional thing is that the HOA declarations I've been attempting to research to determine even if the enclosure or the modification or alteration of the garage is permissible. So, um I'm not sure if you have a copy of that if did you or if he sought approval from the HOA and if that's if he did if that would be possible to provide that information for with submittal of the um building permit application as a support document.

Okay. I'm sure the applicant can address that. Do you have a a homeowners association in this home? This home is a part of a homeowners association.

Um yeah, yes and no. is kind of self governed. But I did speak with the the president um of it and there was nothing saying I couldn't because there's already a a similar um type um business in the neighborhood already that was approved last year from this committee. So you know when I when I spoke with him he was like oh there's something similar already. Good luck. we wish you all the best. I ought to hear about your mom. Um, just let us know when everything goes through. Keep us a breast. We'll put it in whatever. So, I did speak with him prior to even, you know, those were one of the things that came up the first go round. So, I did speak with him and made sure that it was not a problem for that type of facility to be in the neighborhood. Again, he wished me luck. He's already informed me that was one already in the neighborhood which was confirmed. Did Did you provide the copy of the covenant to the city with the ordinance? I mean, with your covenants?

He he No, he he didn't even say that. I don't think it went that deep because when I had a conversation with him for like I said, the first thing he said was, "Oh, no, that's not a problem for us. There's already one something similar in the neighborhood. Good luck." The conversation might have been three, four minutes at best. Nothing about ordinance coming up or, you know, he didn't say anything. That that wasn't his concern. Okay. You you probably may want to get a copy of your homeowners association covenant and just when you bring if if we proceed and move forward bring a copy of that and or sometimes I would say even get an affidavit from the HOA president because he can attest to things that you can't cuz he lives there and he's president of that homeowners association. Also, I just want to state there's several homes even on my block that the garage has been converted into living space. So, it's not like I'm the only one, you know, it's several homes that I've even seen since my mom moved there that people is converted and the only parking is in when you turning onto the pathway. So,

you know, I I understand we're not questioning your neighbors of that whether they're just talking about your application. They just want to have that information. So, I understand and and trust me, I have property in Mississippi. I used to have to fly when the flights were a little bit cheaper and then I said, "You know what? Let me just get an attorney in Mississippi, let him handle it, which he did. And then I just came back and I just got my permits and everything was fine." It was a process because this, see, I want something from them. I wanted something from the state of Mississippi. and I lived in Georgia and I was like, man, I I work, I got this, I got a family. So, I just got somebody to take care of it so I wouldn't have to deal with that headache. And then it was like about 11 months later, I got everything I needed and everything's hunky dory now. It's just a process. It's life. Every day is a present. You know, today is a present. March 3rd, 2020 26. You had a chance to see it. You're never going to see it again. March 3rd, 2026 is never coming back again. So, it's a present. It's that that's why they call it the present. And so, we deal with what we got to do. If it don't kill you, it makes you stronger. So, we're good. Everybody's good. We're all professionals here. And we're even volunteering planning commissioners here. Just letting you know, you know. So, we do this because we love the city. We want the city to grow. We love citizens. So, okay. So, uh, commissioners, not to prolong anything, uh, based off of what we've heard and what I've seen, I think that the applicant is going to need some more time because he wants to go continue. I I believe he's going to continue and I believe he's going to get documents made and I believe he's going to address

everything that was uh, brought to his attention. And I know he's going to be at the next meeting for the city council because he has to and has to tell them what he's doing, what he's not doing, and see what happened. And I know the city council is going to read this transcript tonight. I would like to make a motion that we defer this application to the next cycle. in order for the applicant to fully address the concerns that were brought up by the planning department. And then this gives him a chance next week when he goes to the city council meeting, he can tell them what he's doing or what he has not done or what he will do. So I have a motion that we defer the application to the next cycle. Is there a second

clarification? Mr. Chairman, Madame Director, is this um a deferment to the next planning commission meeting? Yes. Yes, ma'am. I'm sorry. The next planning commission meeting. So, everything else will still go as it's going. You still go to the city council. They're going to see what happened. They're going to read the transcript, Mr. the applicant. And I'm just injecting. This is not the motion, ladies and gentlemen. I'm injecting insert before I'm going to come back and reiterate the motion. They're going to see what he's done, what he's doing. He may come back tomorrow and say, "Hey, I got the deed recorded.