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May 12, 1969
MEMORANDUM
TO: Henry L. Bowden, City Attorney
James B. Henderson, Special Associate City Attorney
IN RE: Mrs. E. S. Hope, Mrs. Millie Walker,
Mrs. Vernie J. Jacobs, Complainants
-- Department of Planning
Reference is made to a mimeograph-type letter dated April 16, 1969
from complainants, a copy of which was directed to the Mayor and to
Alderman Griggs. In accordance with the Mayor's referral of this
matter to Mr. Gladin and the request of Alderman Griggs, an investi-
gation of the matter was conducted with the following results.
I conferred with Mr. Collier B. Gladin, Director, and Mr. Thompson
H. Shuttleworth, Zoning Administrator, both of the Planning Depart-
ment, relative to this matter and they furnished the following in-
formation.
A zoning petition was filed April 25, 1968 by Lewis Cenker for re-
zoning of property on Brownlee Road. The first public hearing in the
matter was set for June 6, 1968 before the Zoning Committee, at which
time the matter was deferred for revised site plans by the petitioner.
The deferment was until November 7, 1968. Subsequently the petition
was denied by the Board of Aldermen on November 18, 1968, as the plans
were not available. The matter was again initiated by the Zoning Com-
mittee on December 31, 1968, after the petitioner's attorney indicated
he would have the plans ready and a public hearing was scheduled for
February 6, 1969.
The case, more specifically described as Zoning Case No. Z-68-225-C,
was postponed on February 6, 1969 by the Aldermanic Zoning Committee
at the request of the community and the developer to provide an oppor-
tunity for discussion of the issue. The petition was to be deferred
for a period of 60 days and it was announced that the public hearing
would be held on April 10, 1969.
A meeting between community residents and the developer was scheduled
to be held in the Planning Department office on Monday, March 31, 1969,
however, this meeting was cancelled as the City Hall was closed in
tribute to the late President Eisenhower.
The Planning Department staff did not bring the case before the Zoning
Committee on April 10th, since the March 3lst meeting had been can-
celled. However, when area residents appeared at the hearing on
April 10th, Mr. Shuttleworth had the case file brought from the
Planning Department to the Aldermanic Chamber. Mr. Shuttleworth
advised that through an error on his part, the case was not actually
scheduled for hearing on April 10th.
In the course of the meeting on April 10th, area residents were offered
several options in considering the case. The Committee offered to hear
from the residents at that time and the developer at a later time, or,
second, to hear from residents and the developer at a later mutually
agreeable time. Neither option appeared agreeable to community resi-
dents. They were, however, permitted to speak in opposition to the
petition and were assured another opportunity to speak when the
developer came to present his case.
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Mr. Gladin and Mr. Shuttleworth expressed regret for any inconvenience
they may have caused community residents in this misunderstanding over
the hearing date for the zoning petition. They are strongly of the
opinion, however, that members of the planning staff have made every
possible effort to work with the community in discussing the issues
in this case and will continue to do so.
As a matter of information, the Atlanta-Fulton County Joint Planning
Board has recommended approval of this zoning petition. The Planning
Department staff also recommends approval in that the proposed use
conforms with the Atlanta Land Use Plan, which has been adopted by
the Mayor and Board of Aldermen.
Also of possible interest, it was reported that Mr. Cenker, the peti-
tioner in this matter, has agreed to hold in abeyance any further action
in this matter pending a Georgia Tech Land Use Study.
As a result of prior telephonic arrangements with Mrs. Jacobs, she and
Mrs. Walker appeared at my office to discuss this matter on the morning
of May 8, 1969. They explained that Mrs. Hope had planned to be present
but was unable to keep the appointment. It was their opinion that Mrs.
Hope would have no information of value in addition to that information
in their possession. At my request, Mr. Henry M. Murff, of the Law
Department, attended this conference.
After lengthy discussion of the case at hand, the law as applied to
zoning and the administrative handling of zoning matters were ex-
plained in detail to Mrs. Jacobs and Mrs. Walker.
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The handling of the case at hand by the Planning Department and
committees involved also was explained in detail to these ladies.
The contents of referenced letter of April 16, 1969 were reviewed with
the ladies, at which time they stated they had no information whatso-
ever which would indicate any wrongdoing on the part of any employee,
official or elected representative of the City of Atlanta.
Mrs. Jacobs and Mrs. Walker were more specifically questioned in
regard to Paragraph 16 of referenced letter
"16. Are persons desiring favorable rulings on rezoning
petitions required to pay a fee under the table
and off the record to elected officials or paid
City Hall staffers?"
Mrs. Jacobs and Mrs. Walker advise they have no information to sub-
stantiate any possible inference of wrongdoing in the above quoted
paragraph.
In view of the above information, it would appear that no further
action is warranted at this time.
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