A crowd of nearly 150 citizens attended the Zoning Board of Appeals Meeting Wednesday. The “headliner” of the evening was deliberated for over two hours only to end in a deferral for 60 days.
ZBA Chairman Tim Nama, asked that both sides of the issue get together and work out an acceptable compromise. ZBA Board Member Hope Bawcom, commented “What I see as the boldest issue here is density, and we are looking at 18 units per acre versus what is proposed here as a 176 unit apartment building. That’s a pretty large disparity for a compromise to be reached within 60 days.”
- AA 13-031 (formerly DeKalb County case# A-13-18379): Kathryn M. Zickert and Dennis J. Webb, Jr., of Smith, Gambrell & Russell, LLP, located at 1230 Peachtree Street, NE, Atlanta, Georgia 30309, are representing Teresa Tomlinson/3770 Peachtree Road, LLC, et al., the applicants, for the following: An appeal of an administrative decision to deny approval of an Overlay Certificate of Compliance and a pending application for a land disturbance permit. The addresses of the subject properties are 3770 and 3804 Peachtree Road, NE, Atlanta, Georgia 30319. The tax parcel numbers of the subject properties are 18 239 02 001 and 18 239 02 002.
- Brookhaven Staff (Howard Koontz, AICP, City Planner) is recommending the Zoning Board of Appeals affirm DeKalb County’s decision, in accordance with the terms of 27-912, based on the evidence of there being no error of fact or law in the decision being made, as documented herein and in the attached reports of the DeKalb County Planning Director.
- Kathy Zickert (attorney for Teresa Tomlinson) painted a picture of an orchestrated effort by city officials, the BPCA, and DeKalb County to deny the original application. She also suggested that unusual effort has been exerted by the applicant to be in compliance. Zickert hinted that litigation with the city could result from this case. “I am simply suggesting that we save the city money in litigation expenses if this can be resolved. I mean that sincerely. Because what happens tonight, that’s where it’s headed. I want to avoid that if at all possible.” (here)
- Linda Dunlavy (representing HBNA and BPCA) centered her case around zoning and density ordinances that state 176 units on the subject property is considerably more density than the RM75 zoning allows. “The RM75 rules are very clear: you cannot put more than 18 units per acre,” Dunlavy said.
Reasoning for the Deferral:
- Some on the ZBA wanted time to consider further.
Length of Deferral:
- 60 Days