11-28-1983 Special Called MeetingNovember 21, 1983 - Continued
case for theft of services.
Jim Tolleson said he had received a very high water bill last month and they found
a leak inside his house that he did not know about. Jim explained how to locate leaks
if you think you may have a problem.
Max Bacon made a motion the rules be suspended to approve an item not on the agenda.
Jim Hawkins seconded the motion which carried 7-0.
Max Bacon stated that Lee Street was very narrow and we have had problems with cars
parking on the side of the road. Max made a motion that no parking signs be placed
on Lee Street from Quarles Avenue to the city limits, on both sides of the street.
Jim Hawkins seconded the motion. After discussion, the motion and second were with-
drawn. Max then made a motion no parking signs be placed on Lee Street from Quarles
Avenue to the city limits on both sides of the street for a 90 day period. Jim Hawkins
seconded the motion which carried 7-0.
(Public Safety) James Williams said four of our officers had just graduated from
the Police Academy and he wanted to congratulate them.
(Streets) Jack Shinall said a report had been received from the State on the timing
for the traffic lights on South Cobb Drive at Church Road, Powder Springs Street and
Cherokee Road, but they were not satisfied. They said the traffic count had been done
at different hours and the timing is adjusted to different times, depending on the
heaviest traffic. Jack said he would continue to look into the situation.
Jack Shinall said they had contacted the people we purchased the curbing machine from
and they have promised action within a very short period of time.
Vic Broyles said that paving under the LARP program had been awarded to Stewart Bro-
thers but since the State awarded the contract he•could not pressure them to complete
our paving.
(Library) Doris Morris made a report from the Library.
Announcements: Mayor Bacon said City Hall would be closed this Thursday and Friday
for Thanksgiving. Also, the first Monday in January is a holiday and that meeting
date will have to be changed, probably to January 3rd.
With no further business, meeting adjourned at 8:28 p.m.
November 28, 1983
A special called meeting of Mayor and Council was held November 28, 1983 at Smyrna
City Hall. The meeting was called to order at 6:10 p.m. by presiding officer Mayor
Arthur T. Bacon. All Council members were present. Also present was City Attorney
Charles E. Camp, Assistant City Clerk Melinda Hiatt and Building Inspector Larry Dunn.
Mayor Bacon explained the purpose of this meeting was to discuss construction problems
at Cumberland Townhomes on Spring Road.
Darrell Vaughn with Homeland Communities represented Cumberland Townhomes. Mr. Vaughn
said that Ryan Homes began the project but they were dissatisfied with the work and
decided to complete the project themselves. The plans were originally submitted in
September and resubmitted about 3 weeks ago. In reviewing their plans, Jim Mallett
found the error on the minimum lot width. The City ordinance requires a 20 foot lot
width and their plans were for 18 foot lot widths. Mr. Vaughn said this was an honest
mistake; they had built townhomes in Gwinnett County which has a 16 foot minimum.
Also, DeKalb County has no minimum lot width and Marietta has an 18 foot minimum.
When their plans were drawn, they were unawre of the 20 foot minimum. Mr. Vaughn said
that Gene Golden had issued a verbal stop work order but they had already ordered
concrete to pour the footings. The concrete was already paid for and rather than dump
it, they went ahead and poured the footings. The third truckload of concrete was poured
without authorization.
Mr. Vaughn said he actually thought the 18 foot units provided greater utilization,
and it would not change the square footage or density. It also provides for more open
November 28, 1983 - Continued
space between buildings. They have already made 54 sales which they will probably
lose by changing the plans, because the people were very pleased with the unit. There
was some discussion as to why our ordinance required a 20 foot lot width and Mr. Camp
said at the time it was written .there was some concern about it being as close to
the county ordinance as possible, and went along with their requirements.
Max Bacon said he had no problem with granting the variances so long as it does not
exceed density requirements, but in the past we have fined other builders who were
in violation. Jim Hawkins said he thought it would probably be better to discussa
variance for the entire project which would allow them to maintain continuity of the
development. Jim Hawkins suggested we let the City •Engineer determine how many units
,were in violation and assess a fine of $25.00 per unit. Mr. Vaughn said there were
34 units which will not comply and 7 of those have already been poured.
After further discussion, Sarah Jones made a motion a variance be granted for the
entire project on an 18 foot lot width and a fine of $25.00 be assessed for each unit
that has been poured and currently in violation. Jim Hawkins seconded the motion and
stated it was the general feeling of Council that this is an extreme hardship case.
Attorney Camp suggested that the Planning and Zoning Board review the ordinance of
other cities and counties and make a recommendation as to whether or not ours should
be changed, since the county ordinance was the only one reviewed in preparing ours.
Vote on the motion carried 7-0.
With no further business, meeting adjourned at 6:40 p.m.
T7R T. BACON, MAYOR
JRIES E. TOLLESON, WARD 1
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WILLOUISE C. SPIVEY, CITY LERK
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MAX BACON, WARD 2
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J ES WILLIAMS, WARD 3 /� AMES M. HAWKINS, WARD 4
SHINALL, WARD 5