Agenda - Planning Commission - 05/02/2002

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Page 8 -- April 10, 2002 Z.B. to construct apartments. The city officials advised them only duplexes were perm/ned there, and Davis stated he would comply with the statute and build duplexes. Davis also informed the city officials he would be applying for re- zoning for commercial use. At that time,. Davis was advised that a 15-foot buffer zone would be re- quired if he was successful with the rezoning application.. Davis was g-ranted a perrmt for grading, but the application for rezoning was denied. The denial was vetoed, and a period of hdgation followed. Davis f'mallY discontinued efforts to rezone, and the property was never Used for commercial purposes. Kay charged the city failed to :require Davis to construct the 15-foot buffer · zone pursuant to statute. The city 'was granted sum_mary judgment, and Kay appealed. DECISION: Affirmed. The property was never rezoned nor was it used for commercial uses. Thus, there was never a requirement to refer to the statute requir/ng the 15-foot buffer zone. Although Kay could have a cause of action against Davis for property dam- age, there never was a requirement to enforce the buffer zone. Citation: Kay v. Davis, Court of Appeals, of Ge°rgia, lst DiV., No. AO[A2375 (2000). see also: Matjouiix v. [ntegon Gen. Ins. Corp., 486 S.E. 2d 684 (1997). Now RENEW your subscription ONLINE at wWw. quinlan.com l [ I I I I I I I ! I I Zoning Biweekly Bulletin To order Zoning Biweekly Bulletin, call (800) 229-2084, or complete and return this form to Quinlan Publishing Group, 23 Drydock Ave., Boston, MA 02210-2387, or fax (800) 539-8839. $92 (plus $9~81 s&h) -- 1 year (24 issues) Q New subscription Q Payment enclosed E3 Renewal subscription C3 Bill me ZON2 Name Organization Address City Slate Phone Fax Email Z~p I I I I I I