GAINESVILLE - Neighbors came out in force Tuesday night against
Grant Smereczynsky's application to rezone his property on
Waters Edge Drive, which was voted down 4 to 2 by the Gainesville
Planning and Appeals Board.
Smereczynsky's attorney, George Butler, said that the compromise
would give the city time to change what he called discriminatory
rules that go against the Georgia Department of Community
Opponents objected to the spot zoning, which would circumvent
restrictions on non-site built homes in R-1 zones. Some also
criticized the house itself, which has stood partially built
for almost thirteen months.
Butler said that the City of Gainesville's zoning law prohibiting
his client from completing the house could open the city up
to antitrust litigation.
He said that by discriminating against modular homes, which can meet and exceed current quality
standards, the law gives unfair advantage to builders of stick-built
Because the Georgia Department of Community Affairs stands
against the prohibition, Butler said usual shield against
prosecuting municipalities for antitrust is not valid.
Smereczynsky said he also has the support of the building
industry in the matter.
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Homes Builder Challenges Discrimination from City Officials
in Zoning Case
rejects rezoning for prefab home
housing battle heats up over a modular home
home earns another 'no' from Gainesville
takes appeal to next level