Public Hearing

[ITGuy1]

What is the name of your state (only U.S. law)? Georgia

I would appreciate any advice anyone can offer with the situation below:

There is a public hearing in May for a proposed medical building on the lot adjacent to my house. They are requesting a variance to the 50' undisturbed buffer on the property to be reduced to zero feet.

There is a condo community on the other side of the lot. The condo association president has given approval for the variance. I'm circulating a petition opposing the request and I've spoken to over 20 condo owners. All of the condo owners told me that they were never notified by the condo association of the variance request and weren't asked for permission to approve the variance. All of the condo owners I spoke to signed my petition opposing the variance request.

While I was circulating the petition in the condo neighborhood I was confronted by the condo association president and he told me in a hostile tone that I wasn't allowed in the neighborhood and to stop notifying people of the variance (it is on a public street and is not in a gated community). I did some research on the condo association president and it turns out he is a consultant for a medical company. My guess is that he will get some sort of work or kickback by helping get the variance/medical building site approved. I'm not sure who I can to report this information to. Do I need to contact a lawyer or is there a law enforcement agency who investigates this kind of thing?

Thanks for any help.

 

[justalayman]

there is nothing inherently illegal with the condo pres having ties to the medical field and your suspicions are nothing more than suspicions. If you and the condo owners wish to contest the variance, go to the meetings where it is discussed and voted on.

 

[PaulMass]

While I was circulating the petition in the condo neighborhood I was confronted by the condo association president and he told me in a hostile tone that I wasn't allowed in the neighborhood and to stop notifying people of the variance (it is on a public street and is not in a gated community)

Tell the clown to jump up a rope, and continue exercising your first amendment rights.

 

[Just Blue]

Tell the clown to jump up a rope, and continue exercising your first amendment rights.

Just WOW!!

 

[ITGuy1]

Thanks for the responses. We certainly are going to attend the public hearing and present our case. Looking back at my original post I see that I probably didn't present my question very well. Maybe this is just he wrong forum for this type of question so I apologize if that's the case.

I guess my neighbors and I have the feeling there is something unscrupulous going on behind the scenes due to the condo president's actions and behavior and we were looking for some advice as to what steps we can take to determine if our suspicions are correct.

Again I apologize if this is the wrong forum for this type of question, I'll try to locate a forum that is more appropriate.

 

[154NH773]

There are a number of things you must determine if you want to oppose the upcoming zoning variance. First you must obtain the relevant zoning ordiance, whether that is town or county. Second, you must determine from the ordinance what criteria must be met for a variance to be granted. Third, you must present at the hearing any objections based upon the criteria set forth in the ordinance.

From a small amounty of investigation on GA law; I found the following:

variances may be granted;
where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, . . . or where, by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of a piece of property, the strict application of the development requirements of this chapter would result in practical difficulties to, or undue hardship upon, the owner of the property. . . .

In deciding a property owner's request for a variance, a board of zoning appeals considers whether the facts applying to a specific piece of property warrant relief from zoning under the standards set in the county ordinance.
This decision-making process is akin to a judicial act: the board determines the facts and applies the ordinance's legal standards to them. In deciding whether to grant a variance based on the county ordinance, the board of appeals had to determine whether reasonable use of the property owners' land was not possible under the ordinance's requirements, the owners did not create the hardship, and the variance would not cause substantial detriment to the public or impair the ordinance's purposes.

Variances in many locations ask that several criteria all be met, such as;

• it is impossible for the applicant's land to yield a reasonable return without the variance,
• the need for the variance is due to the unique circumstances of the property and not to the general conditions of the neighborhood
• granting the variance will not alter the essential character of the locality, and
• the hardship is not the result of action taken by the landowner or a prior owner.

In my State, the criteria for a variance are laid out in State statutes, but it looks like Georgia (Title 36, Chp 66) leaves it up to the local authorities (County or Town) to set the criteria for a variance. Find out what those criteria are.

 

[FlyingRon]

Well the best leverage you can get is to have the owners in the condo development work to make their issues known to the board (I doubt seriously that the president himself has the authority to speak for the development). Any conflict of interest within the association needs to be brought up by them, not you.

However, when the hearing is held you can certainly inquire about disclosure between the petitioner (whoever wants to build the building) and any other parties to the hearing.

You might want to band together with some of the other abutting owners and see if you want to pool some money for legal representation.

 

[154NH773]

I guess my neighbors and I have the feeling there is something unscrupulous going on behind the scenes due to the condo president's actions and behavior and we were looking for some advice as to what steps we can take to determine if our suspicions are correct.

Forget about this!

Concentrate on getting as many condo residents as possible to attend the hearing, or have them sign petitions opposing the variance and present them at the hearing. That will surely make the condo president look stupid.

 

[ITGuy1]

• granting the variance will not alter the essential character of the locality

Thank you for all of the replies! As far as the above zoning ordinance, if there is a similar ordinance in my city (Alpharetta) it might be very helpful at the hearing. We have an older neighborhood with many mature trees and undisturbed wooded sections. The variance would replace a large wooded area with a berm and some landscaped bushes which alters the aesthetics and character of the neighborhood. Removing the buffer also exposes our quiet neighborhood to a very busy and loud main street. I believe it could be argued that the essential character of the locality would most definitely be altered by the variance. I will have to locate the ordinance in our city.

Flying Ron - Excellent points, I was wondering if the condo association president had the authority to speak on behalf of all the residents. Especially since I have signatures from 24 of them so far who oppose the variance, several of whom will be going to the hearing. I will look into the legal representation option, what sort of lawyer handles these kind of cases? Would that be real estate law (sorry I am a complete idiot in this area)?

154NH773 - You have a very valid point and I was probably acting on a more emotional level than thinking logically. With the condo owners attending the meeting in person I'm hoping it will be apparent to the city council that they weren't represented properly by the condo association president when he gave approval for the variance.

 

[154NH773]

what sort of lawyer handles these kind of cases? Would that be real estate law (sorry I am a complete idiot in this area)?

I might say that you don't need a lawyer now, but experience has made it obvious that local boards will normally listen to a lawyer, no matter how bad their advice is. So, I will advise you to get a "real estate" lawyer, or more specifically, a "land use" lawyer to plead your position. It is certain that the medical center will have one or more lawyers present.

If you lose, make sure you know the appeal procedure, which may go back to the Board for a re-hearing, or might go directly to a civil court. Ask the lawyer for the procedure, and if he doesn't know; get another lawyer.

If they don't record the hearing, make sure you do.

 

[ITGuy1]

Thank you again. It's good to know what sorts of things to expect at the hearing so that I can be prepared.

 

[ITGuy1]

I wanted to see if anyone had any advice for me regarding the public hearing mentioned in the above thread. I spoke to the community development director for the city and she said that I can write up whatever issues I have with the variance and submit them to her and she will present that to the city council prior to the public hearing.

She said once I submit the writeup though it becomes a "matter of public record". I'm assuming that means that the developer will have access to my writeup prior to the public hearing date. My question is, is it better strategically to keep my cards close to the vest and not let the developers know that I'm presenting a petition with 40+ signatures from home/condo owners opposing the variance? My concern is that it gives their lawyers a strategic advantage before the hearing.

Thanks.

 

[154NH773]

My question is, is it better strategically to keep my cards close to the vest and not let the developers know that I'm presenting a petition with 40+ signatures from home/condo owners opposing the variance? My concern is that it gives their lawyers a strategic advantage before the hearing.

I would agree with your assessment.

Since it is a "public hearing", you can present your oral argument at the hearing and present your written statement and petition signatures at that time. Be sure you have an original and copies for each board member, and copies that you can also give to the applicant at that time.

I would write all your oral arguments in a letter and when you present it to the board, ask that it be preserved as part of the official record of the hearing. It may be the only proof that you even appeared at the hearing, depending on how well they write the minutes. You will need this document showing your opposition if the issue goes to court.

Document, document, document....

 

[LdiJ]

I would agree with your assessment.

Since it is a "public hearing", you can present your oral argument at the hearing and present your written statement and petition signatures at that time. Be sure you have an original and copies for each board member, and copies that you can also give to the applicant at that time.

I would write all your oral arguments in a letter and when you present it to the board, ask that it be preserved as part of the official record of the hearing. It may be the only proof that you even appeared at the hearing, depending on how well they write the minutes. You will need this document showing your opposition if the issue goes to court.

Document, document, document....

My direct experience has been exactly the opposite of that. I have found that if you truly have hard core opposition to something, that its better to get the information to the board members ahead of time so that they have time to truly consider that opposition before voting on the matter. Yes, that might mean tipping the information to the other party, but it also helps the board members make more considered decisions about voting.

The fact that you have already discussed the matter with someone who has pull with the board and she recommend that you let her present the information to them in advance, kind of backs that up. If you don't do it, she is going to think that you are not as serious as you led her to believe.

 

[ITGuy1]

Thanks for the replies. I see both of your points, it sounds like there's not really a cut and dry approach in this situation. I think I'm leaning toward keeping the information to myself until the hearing as 154NH773 suggested. Mostly because I'm a private citizen with no law experience going up against a team of lawyers, it seems like I probably shouldn't give them any more of an advantage than they already have. I'll definitely be documenting everything and will be taping the hearing.

The community development director has not been very cooperative with me overall and I've heard from other people that she is more "corporate friendly than "citizen friendly", so I don't know if I necessarily trust her recommendation either.

I appreciate everyone's feedback so far. If anyone has any other comments/suggestions to add I'd love to hear those as well.