An ongoing dispute in Milton over issuance of an alcohol license to a farm winery could be resolved Monday night.
Both sides — owners of the winery and residents concerned about the impact the license — have hired attorneys to possibly sue the city of Milton if the hearing does not conclude in their favor.
Neighbors opposing the license for Jim and Daryn Rosenberger, owners of D’Rose Vintners, have lined the neighborhood with signs.
Credit: Adrianne Murchison
Credit: Adrianne Murchison
“The neighborhood stance has remained the same, said Sarah Moen, president of Providence Plantation HOA. “We do not want a liquor license in the neighborhood for a variety of reasons. We just hope the City Council does the right thing … which is what the ordinances (state they should) do.”
Milton City Council will hold a public hearing on the issue during its regular Monday meeting.
The hearing is taking place after being deferred several times.
“If they deny us, I feel like somebody needs to pull out a checkbook and reimburse us,” Daryn Rosenberger said of the city of Milton.
Credit: Adrianne Murchison
Credit: Adrianne Murchison
The Rosenbergers say they have spent hundreds of thousands of dollars on renovations to turn an existing horse barn into a wine tasting space and have made subsequent upgrades — at the direction of city staff — to meet requirements.
Milton amended its law for farm wineries after the Rosenbergers were granted the rezoning of their property to agricultural district in 2021.
The amended ordinance has restrictions that the winery does not meet. The Rosenbergers say the restrictions, such as the winery must be 20 acres in size, do not apply because the rezoning had already been granted.
Jim Rosenberger said he has hired an attorney who is an expert in alcohol licensing, a zoning and land use attorney, and a litigator to support his case for approval of an alcohol license and the public hearing battle.
The Milton couple said they brainstormed the farm winery during the pandemic in 2020 and was advised by city officials throughout the process of creating it.
In January, D’Rose received an occupational tax certificate from the city to operate the farm winery business. Last September, Jim Rosenberger received a certificate of occupancy. He says that he has a federal alcohol license but cannot obtain a state license unless a permanent local license is approval.
Credit: HYOSUB SHIN / AJC
Credit: HYOSUB SHIN / AJC
A group of Milton neighbors led by Moen from nearby Boxwood Estates and Providence Plantation have urged officials for months to revoke the May 2021 rezoning that made way for the farm winery and to deny the alcohol license. They believe visitors for wine tastings, and delivery trucks would have to drive through their roads, bringing increased traffic and possibly drunk drivers to the quiet community.
The neighbors have collectively hired an attorney for a potential lawsuit if the Rosenbergers application is approved, Moen has said.
The Rosenbergers have revised plans for the winery due to neighbors’ objections. That includes scrapping the tasting room where visitors could sample and purchase D’Rose wine.
Rosenbeger was in discussions with Milton in March about withdrawing his request for the farm’s alcohol license on the condition that the city pay an adequate amount to cover what he’s invested in the property since rezoning was approved in May 2021. They did not come to an agreement.
The couple says they are buying grapes and producing and bottling their red wines in Napa Valley but they need the local liquor license to adhere to the Georgia Farm Winery law that requires at least 40% of the wine to be produced in the state.
They have about 100 vines currently in the ground at the vineyard that could take a few years to produce grapes.
“We’ve continued to make investments,” Jim Rosenberger said. “(Opposing neighbors) are trying to throw out this card that we are not vested. We’ve been spending money for four years.”
Moen added that the neighbors in opposition are ready for a resolution.
“No matter the outcome, it’s time that the hearing take place,” she said.
