Update, Oct. 18: Oakwood City Council voted Monday, Oct. 17, to deny Halpern's request.
Previous story: A development duel over access is taking place off Winder Highway in Oakwood.
Halpern Enterprises Inc., which is planning a retail site across from the Publix-anchored Robson Crossing shopping center is asking Oakwood to waive a requirement for interparcel access on its property.
“Enforcement of a cross-access provision with a neighboring development … would deprive (Halpern) of its property rights, by forcing (Halpern) to build and allow access across its property for the benefit of a neighboring parcel without due compensation,” Halpern said in its request for a variance.
“This project would be a series of four or five parcels we would connect together with either restaurant users or small retail buildings,” Steve West of Halpern told the Oakwood Planning Commission in January.
Next door, Eden Rock Real Estate Partners LLC is looking to put up a two-story, 50,000-square-foot commercial building at the intersection of Winder and Atlanta highways, as well as another 5,000-square-foot retail building and 40 townhomes.
In its variance request, set to go before the Oakwood City Council on Monday, Oct. 17, Halpern further states that Eden Rock “has legal access rights of its own.”
Ethan Underwood, a lawyer who represents Eden Rock, said Friday, Oct. 14, that the “lack of connectivity would create the need for massive retaining walls that would harm the Eden Rock project.”
Both sides concede topographical challenges, as the property adjoining the two developments features a steep drop-off at the back of the property to a creek.
“It’s (going to require) a significant amount of grading and probably some retaining walls to create some developable pads there,” West has said.
Underwood said he’s hopeful for a resolution.
“Eden Rock has been in discussions with Halpern, and we are hopeful that we will be able to reach a resolution on that shortly,” he said.
Oakwood City Council
What: Proposed variance to allow no interparcel access between two commercial developments on Winder Highway
When: 6 p.m. Monday, Oct. 17Where: Oakwood City Hall, 4035 Walnut Circle