The first steps in building a new 270-unit multifamily facility in south Charlotte County were approved today, despite the vocal disapproval of area residents.

Home Dynamics Corporation hopes to build the two-story buildings south of Harborside Boulevard and north of the Lee County line off Burnt Store Road.

The County Commission voted 4-1 to grant the company's request to rezone the proposed land to residential multi-family and planned development.

Robert Lincoln, an attorney for Home Dynamics, argued the plans are consistent with the county's comprehensive plan for development, as well as with the road map for development along Burnt Store Road.

Dozens of concerned residents were in attendance at Tuesday's land-use meeting, citing concerns with the multifamily complexes being placed less than 150 feet from single-family homes.

Michael Haymans, an attorney representing Burnt Store Village and Harborwoods associations, two neighborhoods bounding the property, said the plans do not allow for consistency and compatibility between the two neighboring properties.

"(If you have) 16 families in your backyard, you're going to hear all of the cacophony that goes with living," Haymans said.

Before the quasi-judicial hearing came to a vote, Commissioner Tricia Duffy, who voted in the majority, said the legal nature of the proceedings required her to vote on whether the request was within the law, which, she said, it was.

"We would have to find confident and substantial evidence to deny the application, and that would mean the developer would have to try to have attempted to break laws and do things that are unethical," she said.

Haymans, however, disputed Duffy's comment after the decision was final.

"She's like a judge. She weighs the evidence," Haymans said. "(She's a) new commissioner, doesn't understand the process yet, and, unfortunately, it cost us."

Duffy was sworn into office in early October, replacing Sara Devos.

"She's actually a very good person," Haymans said. "We're just in a learning curve with her."

Current restrictions would allow the developers to make buildings greater than 60 feet, but Lincoln said Home Dynamics is seeking to build only to 38 feet -- the same restriction placed on local neighborhoods -- to fit in with the remainder of the community.

Commissioner Adam Cummings said he was compelled to vote for the rezoning because in a quasi-judicial decision the commissioners sit "largely as judges," he said.

"I believe that this proposal meets the requirements of the law," Cummings said. "I do think that there are conditions that we could ask that would make it more suitable."

The commission asked for a number of conditions, which Lincoln agreed to. They included moving two of the four-unit buildings which were closest to the nearby neighborhood. The agreement also calls for the developer to create an even greater buffer zone between the buildings and current homes.

Lincoln said because the residents will own their homes and will be responsible for maintaining them, residents will mix well with current area homeowners.

"It's not going to be a rental community," Lincoln said.

After the decision, Haymans took specific issue with that statement when he confronted Lincoln.

"Do you think you can just say anything to get what you want?" Haymans asked Lincoln.

Haymans said there are no guarantees that owners will not rent out the properties after buying them.

"As a lawyer, I think he's got a problem with ethics," Haymans said of Lincoln.

Lincoln said Haymans misconstrued his remarks.

"I was trying to make the distinction between a community where units are owned, and a situation where you have an apartment complex where they're all rented," he said.

The dissenting vote in the decision came from Chairman Tom Moore, who cited the incompatibility issue argued by Haymans and neighbors.

Though the rezoning was approved, the project is far from final. Home Development must draw up final plans that must also be approved. Pending further approvals, officials said they do not expect development to begin until late 2007 at the earliest.

Duffy said she sympathized with the residents in attendance who fought the zoning change, but also commended the developer for making concessions in limiting the buildings' sizes to well below the currently imposed height restriction.

"I think that the developers, in this case, made a number of concessions because of your concerns," she said.