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Land Use Committee
Crum and Forster Update - November 1, 2012
The BZA today voted to uphold the Atlanta Zoning Ordinance and the Community Partners Review Process by voting to ignore the consent order remanding it to approve the deal struck by the Mayors lawyers and the Georgia Tech Foundation for the SAP on the Crum and Forster. The BZA found the consent order to be invalid on the grounds that it 1) required the BZA to overstep its charge from the City Council, 2) would require it review an appeal it already had reviewed with no additional information- something the ordinance does not allow it to do and 3) the fact that the lawyers appointed by Mayor Kasim Reed to act on behalf of the BZA did not contact the BZA nor did they consult with the BZA on the case. Additionally, the BZA expressed concern that the Judge in the case signed the consent order without properly following procedure which should have required a review of the facts of the case. Thanks to Preservation Center Director Boyd Coons, and their lawyers Bob Zoekler and Karen Hubner for their hard work over the years and their presentation of the complex legal issues that surround this case.
This case will no doubt now proceed to the courts. But at least the laws of the City of Atlanta and the policies and procedures of departments of government were upheld. Of important note was the Chair of the BZA’s comment that it was their obligation to respect the procedures of the government which included the input of the Community Partners Review Process and the voice of the citizens of Atlanta.
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