Agenda - Planning Commission - 01/02/2003

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Z.g. November 25, 2002 -- Page 3 Religious Uses -- Congregation seeks to use single-family home as a place of worship Setback variance and parking regulation relief needed GEORGIA (10/15/02) -- On behalf of the property oWner, the Congregation of Anshei Chesed applied for a use permit to allow them to use the property as a place of worship. The property was Zoned residential and. contained a single- family home. Along with the application, the congregation also applied for 'a' Setback variance and relief from On-si~e parking regulations. ' The county's planning staff recommended approval with some conditions, but the planning commission recommended denial. The county board of com- missioners denied the application-, and the congregation then askedthe lower court to require the county ro issue the Permit. ' The lower court determined the board's decision was arbitrary, discretion- ary, and lacked any articulable objective ground of support, and it ordered the county to issue a permit allowing the landto be used as a place of worship. The county appealed. DECISION: Reversed. The commission was not required' to issue the permit. The compatibility of the proposed use with the surrounding residential area was one of the factors the board of commissioners was author/zed to consider when making its decision to evaluate the congregation's application. The record showed several commissioners were opposed to any "institufionaI" use of the residential property in the area near the single-family homes. These.commis- sioners' position prevailed in making the decision tO deny a permit. Where the decision to grant or deny an appliCation for a special use permit was within the discretion of the local governing.body, a disappointed applicant who sought relief from the governing body's denial had t° show a gross abuse of discretion. That burden could not be met in this' case. Citation: Fulton COunty v. Congregation of Anshei Chesed, Supreme Court of Georgia, No. S02A'0676 (2002), see also: Gwinnert County v. Ehler Enterprises., 512 S.E. 2d 239 (1999). see also~' Emory University v. Le'~itas, 401. S.E. 2d 691 (1991): Signs -- Sign company contracts with bus company to. place benCh-signs at bus stops Argued because bus company was public utility, it was exempt from . zoning restrictions OHIO' (10/07/02) -- Bench. Signs Unlimited' entered into a contract on Feb.. 23, 1996, with a local bus company, a public utility, for the purpose of placing a number of bench signs at various locations within Lake Township. The'con, tract expired'after five years, but Bench Signs continuedto place several bench 27