Friday, October 12, 2001
|
Friday, October 12, 2001 |
|
Attorney general called in to investigate Senoia zoning By JOHN
THOMPSON
Senoia's race for mayor took an interesting twist this week as candidate Dianne Cleveland called for an investigation into the city's zoning practices. In a press conference Wednesday, Cleveland said she had written a letter to Attorney General Thurbert Baker and asked him to fully investigate the circumstances surrounding the approval of a zoning sought by developer Steve Enterkin for a tract on Rockaway Road. The council turned down Enterkin's request for annexation and zoning to a high density category April 2, but reversed that decision June 4, and approved the developer's request. "This action was contrary to the normal procedures and intervals followed by council. I believe the action taken by the council was contrary to the formal rules and to the interests of the residents of the city of Senoia," said Cleveland. Cleveland criticized the council for wanting smaller lots in the city. "As a land owner in Senoia, I can tell you that my holdings would be far more valuable under a change to a high-density zoning category than under the current zoning. However, the growth of small, crowded subdivisions is not what most of the residents hope for our beautiful, spacious community," she said. Cleveland said the blame for the city's problems is "greed and lust for lot sales and new housing construction." She said she had repeatedly tried to get an explanation from Mayor Joan Trammell, City Administrator Leonard Thompson and City Attorney Drew Whalen on why the annexation was brought up again without notifying the residents. But Trammell said Cleveland never contacted her in person or by letter asking for an explanation and said Whalen only received a letter about the issue Oct. 1. "I think Dianne is acting totally irrational," Trammell said. Trammell said there was no basis for the investigation and cited a recent letter that was sent from Whalen to Cleveland. Whalen wrote that he was contacted by Enterkin's attorneys after he was turned down for the zoning in April. He said that he learned Enterkin had helped fund the city's lawsuit against the county to annex the property, which put the matter in a whole new light. "Under Georgia law, a developer can prevail under a theory of 'vested rights' by demonstrating to the court a change in financial position based upon representations made by the local government during the development phase," Whalen wrote. Since city officials had consistently expressed a desire to annex the property, Whalen believed Enterkin had a viable case and said the council could reconsider the matter. Whalen also said he did not know what Cleveland considered "normal procedures" for zoning, but said he is confident legally correct action was taken.
|
||