Jonah Lane Rezoning under legal questioning

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The Jasper City Council went into closed session in February to discuss their action on Jonah Lane from December 2019.

Mayor John Weaver told citizens they were discussing a legal issue with Jonah Lane and recognized City Attorney Bill Pickett to give the City’s official stance on the rezoning.

Pickett said that the Council did vote to re-zone the property to R-3 with a condition of receiving a letter from the Appalachian Regional Commission that it did not violate a grant the city had received. With no motion from the council to rescind the rezoning and no request from the property owner to rescind it, the rezoning is moving forward.

This statement comes after January’s Council meeting when public comments surged against the issue and urged the council to reconsider the effects it would have on neighboring commercial developments. The rezoning in question was a C-2 lot as well. Now the rezoning sets it to residential amid other commercial developments. Citizens began protesting the issue in the meeting saying that police would undoubtedly be called as many of the neighboring commercial business owners gave examples of their businesses operating in unusual hours and causing noise that would be acceptable in commercial but considered excessive in residential zones.

More complaints came in February as citizens began questioning the legality of the issue. One business owner claims he was not properly notified of the rezoning. He also claims he has proof of the failure to notify. A claim disputed by Pickett as he says the city’s department says they did notify the adjoining properties of the request. The business owner also suggested he has had difficulties receiving requested documents. These allegations, as well as others from another neighbor to the property, suggested the city would be seeing legal ramifications if they move forward with the rezoning.

Mayor Weaver closed discussions of the issue saying, “The council’s action in December was specific… we are to follow what the council did that evening and we are aware of the issue.”

Mayor Weaver did voice opinions against the rezoning in December and to possible issues arising from it, but as the voting council members voted in favor of the rezoning, it is the council’s votes that direct the city’s efforts.

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