According to Patch, residents of 335 West Ponce de Leon Ave and in the surrounding neighborhood have filed separate but identical appeals against the 315 West Ponce de Leon Ave mixed use development project approval process, which was officially announced by Carter yesterday and was approved by the DDA in December.  The appeal also questions the changes made to the zoning ordinance by the City Commission in December 2012.

The Notice of Appeal posted on Patch details the following concerns:

1. The Zoning Administrator failed to follow the procedures established in the acceptable ordinance for providing public notice.

2. The Zoning Administrator failed to consistently apply the relevant requirements and standards for the Downtown Multiple Dwelling developments and developments in the Special Pedestrian Area to the development proposal.

3. The Zoning Administrator has not addressed applicable ordinances, which require variance approval by the Zoning Board of Appeal

4. Revised ordinances relating to Downtown Multiple Dwellings and C-2 zoned districts passed by the City Commission, December 3, 2012, conflict with wording and intent with multiple ordinances currently in effect.

5. Noncompliance with zoning code procedures for due process re: the change to Ordinance O-08-Z-11

You can read the detailed arguments behind these concerns over in the full notice of appeal.  But here also is the conclusion:

There are numerous errors on the part of the Zoning Administrator in making decisions, determinations and recommendations to the DDA that the project as proposed for 315 W. Ponce de Leon Avenue is “Zoning compliant.”  The DDA Resolution, being based on incorrect information should be set aside.  A legal determination needs to be made as to the applicability of the revised code, ostensibly adopted on December 3, 2012, and the status of the existing DMD use with conditions for this property.  The project could conceivably proceed under Ordinance #O-08-Z-11.

Patch also posted part of a letter that DeKalb County Commissioner (and 335 resident) Kathie Gannon wrote to 335 residents this week, which said in part…

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Patrick sends along this announcement…

Now in its sixth year, Art-B-Que attracts a diverse group of local and national musical sensations while also promoting our own local artisans, as well as Atlanta’s thriving food truck movement.

Art-B-Que 2013

• Saturday and Sunday, May 11th and 12th
• LOCATION:  Rail Arts District

Music and Live Entertainment:

The 2013 Art-B-Que will have live entertainment all weekend long to appeal to every musical taste. Twenty bands over two days!

Artist Market:

Art-B-Que offers a professionally juried artist market that features eclectic, unusual, interesting and unique works from top painters, photographers, sculptors, metal craftsmen, jewelers and more! To all artists who wish to show their work at Art-B-Que, please click here for application.

Amazing Food:

This year featuring food trucks, a juried barbeque contest, and mouth-watering samples from several local restaurants, Art-B-Que has something for everyone. Come hungry! If you are interested in being food vendor, please click here for application.

Volunteer:

Art-B-Que is an all volunteer effort. In addition to members of AECAFI and the Art-B-Que Standing Committee, Art-B-Que volunteers are a diverse group of Avondale Estates and Decatur residents and members of the Avondale Estates Business Association. Volunteer options include assisting with set up and take down, water runs and beer jockeys. If you are interested in volunteering, please .

Admission to Art-B-Que is free, so mark your calendar today!

For more information and event times visit the Art-B-Que website.

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