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Builder wants officials arrestedFri, 10/16/2009 - 3:10pm
By: John Munford
PTC Council denies variance, meaning house addition must be demolished; builder alleges ‘good old boy decision’ Local builder John Cox may well be the most dissatisfied person to leave a Peachtree City Council meeting, at least in recent memory. Cox, after arguing the addition he built to a Braelinn Village home did not violate rear setback rules, didn’t hide his displeasure at Thursday night’s meeting. Council members Cyndi Plunkett, Doug Sturbaum and Steve Boone voted 3-1 to deny the variance. Mayor Harold Logsdon opposed the denial. Immediately after the vote, Cox asked for citations to be issued against City Attorney Ted Meeker and interim Community Development Director David Rast. Cox claimed that Meeker and Rast altered the city code to defend the city’s stance in the variance matter. Cox contends that under the city’s GR-4 zoning for the lot, the rear setback is set at 20 feet, so his client’s home addition would not be in violation. Meeker said a special condition attached to the Center Green subdivision when it was rezoned requires a 30-foot rear setback instead. “It was a good old boy decision way back when,” Cox said. “Yeah it was to get the zoning but that’s all it was. It’s not a law.” Making matters worse is that the error wasn’t discovered by city officials until construction was nearly complete. However, a permit issued to Cox’s company has a handwritten note by a city employee with a warning that the rear setback was 30 feet. Cox admitted he was in error for not getting a city inspection sooner and for not getting a foundation survey before building above slab level as required. It took eight months between the city’s foundation inspection and the time he requested the last inspection that ultimately led to a stop work order being issued by the city. With a 3-1 council vote to reject the variance, Cox will have 60 days to remove the construction that encroaches into the 30-foot rear setback of the home in the Center Green subdivision, just south of McIntosh Trail off Peachtree Parkway South. Logsdon cast the only vote in opposition to the variance denial. When Cox inquired about the citations, Peachtree City Police Maj. Mike DuPree told Cox he would need to go to Fayette County Magistrate Court to seek a pre-issuance hearing. That process allows citizens to petition a judge to potentially sign an arrest warrant for another person or persons based on violation of Georgia law. During the public hearing, Rast and Meeker explained that the zoning conditions were legal and enforceable. Meeker noted that the zoning setbacks and conditions were recorded as a part of the plat for the subdivision which Cox should have consulted before proceeding with the project. Logsdon suggested the city needed to revisit setback rules to allow residents to redevelop their own homes. “Redevelopment is a big challenge for us in older parts of the city,” Logsdon said. “The people here seem like they want to do the right thing in improving their property. If GR-4 is 20 feet everywhere else, wouldn’t it be prudent for us to change it here?” Rast cautioned that such concepts could result in homes being built in older neighborhoods that are not in character with existing homes. Though he left council chambers unhappy, Cox made sure he vocalized his final words loud enough for all to hear before he parted. “Thank you,” he told council as he exited. Cox is the husband of state Superintendent of Schools Kathy Cox. login to post comments
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