Brookhaven, GA – Brookhaven Overlook case is back on the agenda for the November 20th Zoning Board of Appeals meeting.
“Back on the Agenda for the 11/20 Zoning Board of Appeals is ZBA13-04: (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.”
You may recall, the last time the Brookhaven Zoning Board of Appeals (ZBA) had this case on their agenda was in May, where they met in the gymnasium at St. Martin’s School. The outcome of that meeting was a six month deferral so that the applicant could revisit their site plan and make any adjustments.
Brookhaven’s Community Development department recommended the deferral, “Staff recommends that the Board favorably consider a continued six-month deferral, so that the applicant can revise and adjust the development plans related to the subject site,” City of Brookhaven Staff. A motion to defer was seconded, and the ensuing vote resulted in approval of a deferral by the board for 6 months – until November 2oth – by a 5-2 Vote.
Citizens who were present were visibly displeased by the decision and some voiced their feelings to the Board as they left the gymnasium.
Opposing counsel, Attorney Linda Dunlavy, commented on the decision. “The Zoning Board of Appeals I think, has abdicated their responsibility in this regard and just ‘kicked the can down the road’. Hopefully we won’t end up in six months where we are today, but I do see that as a distinct possibility.”
On May 9th, the applicants attorney, Kathy Zickert, requested that the neighborhood groups join in a request for a 6 month deferral of any decision of the ZBA to allow for further negotiations. Given the posture of the Tomlinsons after the first meeting, the desire not to clog up the docket of the ZBA, and the fact that nothing prevents the owners from continuing to negotiate with the neighborhood after any decision from the ZBA, Ms. Dunlavy advised Ms. Zickert that the neighborhood was not willing to join in a request for a 6 month deferral before the ZBA but the neighborhood remained willing to engage in compromise discussions regardless of the decision made by the ZBA.
There will be a Work Session at 5:30 p.m. , followed by a Regular ZBA Meeting to begin at 7:00 p.m.
Both meetings will be held at Brookhaven’s Municipal Court Location at 2 Corporate Boulevard, Suite 125, Brookhaven, GA 30329
RELATED COVERAGE HERE: