34 Irby Avenue – Update #2

Project Details:

This is the third time the applicant has appeared before the DRC Committee. Prior recommendations issued by the committee are excerpted below:

November 7, 2012

Due to concerns over the safety of the proposed parking (being located across the street where no crosswalks or sidewalks exist), the DRC recommends denial of the requested SAP for parking.  It is the opinion of this committee, that the Park Bench owner’s actions have inappropriately forced a neighboring property into non-compliance and that the onus should be upon Park Bench to resolve the issue on behalf of both properties either via removal of the patio and reversion to the former parking lot or SAP meeting the full criteria of a shared parking arrangement both for the applicant and adjacent property.

December 5, 2012

It is the opinion of this DRC Committee, that the Park Bench owner’s actions have inappropriately forced a neighboring property into non-compliance and that the onus should be upon Park Bench to resolve the issue on behalf of both properties either via removal of the patio and reversion to the former parking lot or SAP meeting the full criteria of a shared parking arrangement both for the applicant and adjacent property. 

In this meeting, the applicant represented to the committee that additional parking arrangements had been made with 3191 Paces Ferry Place and provided a copy of the lease for those spaces.

The committee requested confirmation of the lease regarding Whole Foods spaces, which the applicant produced.  The committee asked whether the agreement had been accepted by the new property owner as the property had recently changed hands.  The applicant indicated a belief that the agreement would be automatically assumed by the new owner, however, was not able to confirm this.

 The applicant indicated that he had made several attempts to reach agreement with the Peachtree Animal Hospital regarding parking arrangements that would resolve the nonconformity caused by the outdoor bar erected previously without a permit, however, had not been able to come to an agreement.

Applicant:  Dewayne Martin

SAP#:

Recommendation:  The committee has previously offered two potential solutions for resolving the nonconformity to the applicant as outlined in the previous recommendations above.

Four months have lapsed since this recommendation was provided and although attempts have been made by the applicant to reach resolution, no significant progress on either option has been made.  Therefore, it is the recommendation of the Committee that the SAP be denied.