Minutes 08/22/1978 - Laserfiche WebLink

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110 TUESDAY AUGUST 22, 1978 the area, particularly on Berkshire Place where children play, that additional tenants would cause an undesirable noise condition, and that because of the topography of the existing apartment building and those proposed that in inclement weather these tenants parked their cars on Berkshire Place which was undesirable to them. Following consideration of all of the evidence, the Commission voted to recommend to Council that this petition be denied. It was the feeling of the Commission that in the development of this property that some abridgement of the covenants relating to the Druid Hills area of Lanier Farms might occur due to the necessity of combining two additional lots with the present lot containing an existing five- unit apartment building in order to comply with the Lanier Farms covenant allowing apartments on corner lots. There was a statement by a Commission Member also that due to the topography of the property and the curvature of the road that an additional safety hazard might be created. The Planning Commission respectfully submits the above recommendation for Council's further consideration. Representing Mr. Custer was Mr. Douglas K. Frith, Attorney at Law, who described briefly Mr. Custer's llprivate enterprise" ventures within the City as well as nis contribution toward providing needed housing for citizens. Mr. Frith then called to Council's attention, by description and photographs, several instances in recent years where the Planning Commission has allowed other developers to combine lots (by the Commission's approval of resubdivisions) to enable said developers to construct apartment complexes on said lots or properties. Mr. Frith also contended that Mr. Custer's proposed development would make for the best usage of the land and that topography thereof lends itself to such usage. In addition, Mr. Frith introduced supporting evidence in the form of letters from the following persons, viz., Mrs. Holly Woodruff-Cox, tenant; Mr. Bill Adkins, owner of several apartment complexes and a property developer; Mr. J. P. Sutton, realtor and owner of several apartment complexes as well as of several single-family residences; and Mr. Robert Cagle, real estate appraiser. Mr. Frith also referred to Lanier Farms' 1938 development plan for the Forest Park and Druid Hills Subdivisions, noting that--because of changing conditions and demands over the years--variations from the plan have developed since 1938 and, that, even so, Mr. Custer's proposed development would not violate the spirit and intent of said plan.