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LAW OFFICES
ALBERT M. HORN AND GLENN ZELL
SUITE 725 CANDLER BUILDING
127 PEACHTREE STREET, N. E.
ATLANTA, GEORGIA 30303
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TELEPINONE
September D5 1967 (404) 624-6878
Honorable Milton Farris
Py 0, Box 7245, Station. ¢C
Atlanta, Georgia 30309
Re: Zoning Application of T. M. Alexander,
Jr. at Simpson and West Lake
Dear Mr. Farris:
I have read in the Atlanta Constitution that you and
Alderman Millican expressed resentment at the “implications" in
the rezoning request I recently filed for T, M. Alexander, Jr.
As you know, I did not mention either of you by name in the
request nor the name of Gulf Oil Corporation. I do think the
Situation presents somewhat of a conflict of interest problem
but know that reasonable and honorable men (which I consider you
and Mr. Millican to be) might differ with me. I certainly
appreciate the dilemna a politician who works for a living some-
times has in honestly representing his constituents without being
unduly affected, probably unconsciously, by his personal interests.
If I have offended you and Mr. Millican I apoligize. But
I certainly feel obligated to represent my client by all legal
means. After studying the situation and the situs which we are
seeking to rezone, I am firmly convinced of the equity of our
rezoning request. There is commercial property right across the
street and our plot is completely unshielded from it. Only a casual
visit to the premises would convince you that the plot is a part
of the commercial activities at that corner. The Zoning Staff and
Planning Board recommended the rezoning. Mr. Alexander has agreed to
set up generous buffer zones to shield the property to the west and
to the south from the sights and sounds of commercial activity (as
his own plot is not shielded).
There has been talk that West Lake has been more or less
a dividing line protecting Simpson west of it from the commercial
activities of Simpson east of it. I submit that the protection has
been “less" rather than more, Within the next few blocks going
Honorable Milton Farris -2- September 8, 1967
west on Simpson (and detailed by map and pictures in our request)
are: anot lovely drive-in restaurant with a large parking lot,
two very unmodern grocery stores, a new diner and a relatively
new filling station, a lounge just off Simpson and numerous
apartment buildings.
Mr, Alexander was not able to sanitarily and economically
maintain the property as residential property and offered to prove
such to the Zoning Committee. He could possibly use the property
for something else if the Zoning Conmmittce would allow it (one
member suggested a drive-in and another said most anything but a
service station). However, the logical and efficient use of the
corner would be for a service station.
I am pleased that you are inclined to vote favorably on
the request. We intend to ask the Board of Aldermen to grant the
request. While it may be usual for the Board to follow the
recommendations of a Committee, it is also usual for the Zoning
Committee to follow the recommendation of the Zoning Staff on a
favorable recommendation, Certainly if the rezoning is denied we
believe that due process requires some articulation of the standard
or standards on which the denial is based.
By the way in my letter to Gulf 011 to which you apparently
referred in your statements to the Board, I said that Gulf apparently
nas 30 percent more service stations in Atlanta than its nearest
competitor,not that Gulf has 50 percent of the stations here. I
spoke with a Gulf official who says that Gulf is first in Atlanta
though not in the region and he attributes this to the foresight
and energy of Mr. Millican, your predecessor in charge of Gulf,
in locating sites and in building modern stations here
With best personal regards, I am
Very truly yours,
fled Py flor
Albert M. Horn
AMHs cm
CC; Honorable Sam Massell, Jr. Honorable Charles Leftwich
us Robert S. Dennis 2 George Cotsakis
“ E. Gregory Griggs at G. Everett Millican
oe E. A. Gilliam ni Richard C, Freeman
Y John M. Flanigen ae Cecil Turner
" William T. Knight Jack Summers
" Q. V. Williamson Milton G, Farris
“ Hugh Pierce Rodney M,. Cook
¥ Douglas L. Fowlkes