Attorney general called in to investigate Senoia zoning

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Attorney general called in to investigate Senoia zoning

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Senoia's race

for mayor took an interesting twist this week as candidate Dianne Cleveland

called for an investigation into the city's zoning practices.

In a press

conference Wednesday, Cleveland said she had written a letter to Attorney

General Thurbert Baker and asked him to fully investigate the circumstances

surrounding the approval of a zoning sought by developer Steve Enterkin

for a tract on Rockaway Road.

The council

turned down Enterkin's request for annexation and zoning to a high density

category April 2, but reversed that decision June 4, and approved the

developer's request.

"This

action was contrary to the normal procedures and intervals followed by

council. I believe the action taken by the council was contrary to the

formal rules and to the interests of the residents of the city of Senoia,"

said Cleveland.

Cleveland criticized

the council for wanting smaller lots in the city.

"As a

land owner in Senoia, I can tell you that my holdings would be far more

valuable under a change to a high-density zoning category than under the

current zoning. However, the growth of small, crowded subdivisions is

not what most of the residents hope for our beautiful, spacious community,"

she said.

Cleveland said

the blame for the city's problems is "greed and lust for lot sales

and new housing construction."

She said she

had repeatedly tried to get an explanation from Mayor Joan Trammell, City

Administrator Leonard Thompson and City Attorney Drew Whalen on why the

annexation was brought up again without notifying the residents.

But Trammell

said Cleveland never contacted her in person or by letter asking for an

explanation and said Whalen only received a letter about the issue Oct.

1.

"I think

Dianne is acting totally irrational," Trammell said.

Trammell said

there was no basis for the investigation and cited a recent letter that

was sent from Whalen to Cleveland.

Whalen wrote

that he was contacted by Enterkin's attorneys after he was turned down

for the zoning in April.

He said that

he learned Enterkin had helped fund the city's lawsuit against the county

to annex the property, which put the matter in a whole new light.

"Under

Georgia law, a developer can prevail under a theory of 'vested rights'

representations made by the local government during the development phase,"

Whalen wrote.

Since city

officials had consistently expressed a desire to annex the property, Whalen

believed Enterkin had a viable case and said the council could reconsider

the matter.

Whalen also

said he did not know what Cleveland considered "normal procedures"

for zoning, but said he is confident legally correct action was taken.

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