APRIL 2001

Page 2

In December of 1999, with plenty of help from vocal North Buckhead residents, and with strong support from Council Member Lee Morris, 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.  The Developer has asked for a review of this ruling which should occur this summer.

With our recent win in the Georgia Supreme Court with the TAP Associates decision reversal it is time to refocus our efforts on this second condo tower which is planned to be taller than the first --  about 540' vs. 509'! 

The NBCA has hired attorney Robert Zoeckler to represent our interests in this matter.

The case has been remanded by Judge Fryer to the Atlanta City Council to establish "constitutional zoning" and conditions on the site.  Please help us by turning out and speaking at public hearings on this topic.

North Buckhead resident and developer Harold Cunliffe doesn't like rules that don't make sense.  Cunliffe is developing a 2-acre site on Wieuca at Whittington. 

The City insisted that his new sidewalks be located at his property line rather than near Whittington.  In most cases this would probably make sense, but it really bothered Cunliffe that to comply with the city's demand would mean that more than 35 trees would have to be cut.  The city maintained that  "rules are rules", and wouldn't budge.

Finally with help from Council member Julia Emmons, WSB-TV and AJC City Life's reporter Helen Cauley and Atlanta Public Works' head, Norman Koplon, the city decided that saving the trees was a wonderful idea.  The trees won!  The sidewalks will be nice too.