File An Appeal of the Moon Decision

Posted in the Doraville Forum

Jarod

Norcross, GA

#1 Jun 26, 2012
It is so easy. C-2 and C-1 specifically forbid wholesale. Both C-2 and C-1 outright say no wholesale and that any use which is not specifically allowed (or allowed by Conditional Use) is forbidden. And, C-2 and C-1 doesn't allow wholesale as a Conditional Use either.

I can't imagine Moon lasting very long having to charge all their customers sales tax in C-2. They could always apply to rezone the property from C-2 to either M-1 or M-2.

Wholesale is allowed in M-1 and M-2.

Here's the code citation for the appeal.

The great thing is Moon has no standing in the appeal process. It is the Applicant for the Appeal verses the Zoning Administrator with the Council making the final decision. Their decision can be litigated in the county court system.

Sec. 23-1401.- Appeals process.

When it is alleged that an error has been made in interpretation of the provisions of this Ordinance or when decisions relating to provisions of this article aggrieves any person, an appeal shall be made within thirty (30) days of the decision.

Such appeal shall be filed with the City of Doraville and the purpose of the appeal shall be specified in writing.

The City Council shall establish a reasonable time for the hearing of the appeal and shall give public notice thereof as well as due notice to the parties in interest; and shall decide the appeal within reasonable time. At the hearing, any party may appear in person or by agent or by attorney.

GOOD LUCK FOLKS!
Molly

Auburn, GA

#2 Jun 26, 2012
Sadly, thanks to Cecil and the mayor putting their heads together (now there's a scary thought)and devising a grand scheme to allow this trash to get in by using supposed loopholes based on "interpretation" (which is total BS) these sleazeballs have suddenly changed their business model to retail! Yea Donna and Cecil! I'm betting these same two, probably with input from Cooley, also threw the "disco" loophole out to the Georgia Palace slime. It just never ends. However, people are really angry now, lots of people. We'll see what the next few weeks hold.
Joe

Ellenwood, GA

#3 Jun 27, 2012
Molly wrote:
Sadly, thanks to Cecil and the mayor putting their heads together (now there's a scary thought)and devising a grand scheme to allow this trash to get in by using supposed loopholes based on "interpretation" (which is total BS) these sleazeballs have suddenly changed their business model to retail! Yea Donna and Cecil! I'm betting these same two, probably with input from Cooley, also threw the "disco" loophole out to the Georgia Palace slime. It just never ends. However, people are really angry now, lots of people. We'll see what the next few weeks hold.
This is yet another stupid decision made by the mayor, the scared attorney and a city planner who is working hand in hand with the slumlords instead of for the city, which is us. Wholesale or retail, this business stinks! The sign is offensive, especially its proximity to city hall and the fact that it is located at such a well travelled intersection. This place is not "Victoria's Secret" nor does it seem to have one ounce of class. Everyone should see that this "business" is not a good addition to our city and the location and building size have just opened up numerous possibilites for even more sleaze at this location (leasing spaces to others in the same building) and setting an example for other sleazeballs to follow.
Rick

United States

#4 Jun 27, 2012
Jarod wrote:
It is so easy. C-2 and C-1 specifically forbid wholesale. Both C-2 and C-1 outright say no wholesale and that any use which is not specifically allowed (or allowed by Conditional Use) is forbidden. And, C-2 and C-1 doesn't allow wholesale as a Conditional Use either.
I can't imagine Moon lasting very long having to charge all their customers sales tax in C-2. They could always apply to rezone the property from C-2 to either M-1 or M-2.
Wholesale is allowed in M-1 and M-2.
Here's the code citation for the appeal.
The great thing is Moon has no standing in the appeal process. It is the Applicant for the Appeal verses the Zoning Administrator with the Council making the final decision. Their decision can be litigated in the county court system.
Sec. 23-1401.- Appeals process.
When it is alleged that an error has been made in interpretation of the provisions of this Ordinance or when decisions relating to provisions of this article aggrieves any person, an appeal shall be made within thirty (30) days of the decision.
Such appeal shall be filed with the City of Doraville and the purpose of the appeal shall be specified in writing.
The City Council shall establish a reasonable time for the hearing of the appeal and shall give public notice thereof as well as due notice to the parties in interest; and shall decide the appeal within reasonable time. At the hearing, any party may appear in person or by agent or by attorney.
GOOD LUCK FOLKS!
It will cost you $400.00 and guess what, the idiots don't even have a form to apply for the appeal. Duh!

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