FEBRUARY 2001

Page 2

its shadow one to two hours a day for most of the year.

The trial judge will once again be Joel Fryer (the same judge who ruled against the City and our neighborhood in the TAP Associates trial in January 2000). 

Over the past month, NBCA and neighbors near the first  tower have worked with the developer's representative, trying to resolve the many significant issues these giant towers have brought to our neighborhood.  These problems include noise, construction trash falling from the sky, traffic and landscaping issues. 

Unfortunately, nothing approaching an adequate proposal was made and we are left with no alternative but to lobby the City Council and the Zoning Review Board to make sure our neighborhood is not violated once again. 

In December of 1999, with plenty of help from vocal North Buckhead residents and nearby supporters from other neighborhoods, and with strong support from Council Member Lee Morris and others on the Council, the City turned down an application to rezone property near Phipps Plaza to permit the construction of a second giant  residential condo tower near Phipps Plaza.. 

That application was particularly interesting because City land-use plans which precluded a second very high-density tower were "accidentally" revised by the city's administration through a "clerical error".  This let the developer claim that his request for another tower was perfectly valid.  Fortunately, the Council didn't see it that way.

The developer, John Kuzmiersky, ultimately sued the City and a potential trial (perhaps March or April) may be held.  But, whether the trial is held or not, the case will be remanded to the City Council which must work out the details of any project like this proposed tower.

The second tower is planned to be even taller than the first --  about 540' vs. 509'!  The first tower is so tall that some nearby homes are in