Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

COLUMBUS CONSOLIDATED GOVERNMENT

COUNCIL MEMORANDUM





TO: Mayor and Councilors DATE: December 13, 2007



FROM: Isaiah Hugley, City Manager SUBJECT: Temporary -

Certificate of Occupancy







Attached is an Agenda Report from the Planning Department recommending denial

of a temporary Certificate of Occupancy for Mr. Rick Johnson, owner of Village

Pawn Shop on Victory Drive. The Village Pawn Shop sustained major fire damage,

forcing closure of the business. In an attempt to reopen, the owner found a

new location at 1330 Victory Drive, which was the old Action Marine. The owner

signed a lease for the property believing the site was properly zoned and

without contacting the City. When attempting to purchase a Certificate of

Occupancy from Inspections/Code, he was denied based on improper zoning.



The Planning Department is recommending denial. However, as City Manager, I?m

recommending a temporary Certificate of Occupancy be granted not to exceed 120

days and minimize any further disruption that can ultimately lead to going out

of business.



Please see the attached information.



Attachments:

Email from Mayor Pro Tem Pugh

Email from Karl Douglass

Agenda Report from Rick Jones, Planning Department

Resolution





Eturner325@aol.com

12/11/2007 11:45 PM



To

IHugley@columbusga.org, karldouglass@aya.yale.edu

cc

Commishwjw@aol.com, DArrington@columbusga.org, epugh@columbusga.org,

evelyn.pugh@suntrust.com, ewoodson@tsystsol.com, GAllen@aflac.com,

glenndavis@columbusga.org, jhunter@columbusga.org,

jimwetherington@columbusga.org, JULIUSATTY@aol.com, mbaker@columbusga.org,

MWoodson@columbusga.org, pbarnes@columbusga.org, Pops9784@aol.com,

RJones@columbusga.org, rmcdaniel@columbusga.org, skiphenderson@columbusga.org,

skiphenderson@columbusbankandtrust.com, wanthony@columbusga.org,

wjohnson@columbusga.org

Subject

Re: Rick Johnson & Village Pawn Shop

















I don't have a problem approving the temporary measures; however, is there

anyway we can do a council poll and not have to wait until next Tues but

confirming it next Tues. With the holidays around the corner I think the owner

needs to get to sales asap. Evelyn Pugh







"Karl Douglass"

12/10/2007 05:47 PM



Please respond to







To

, "Pop Barnes" ,

, "'Julius Hunter'" , "Julius

Hunter" , "'Evelyn Turner Pugh'"

, , ,

"Gary Allen" , "Mimi Woodson" ,

, , "Wayne Anthony"

, "Skip Henderson"

,

cc

, , "Isaiah Hugley"

, "David Arrington" , "Rick

Jones" , "Will Johnson"

Subject

Rick Johnson & Village Pawn Shop















Rick Johnson owns Village Pawn on Victory Drive. His store suffered major

damage in a recent electrical fire.



Until his store is rebuilt, Rick is attempting to temporarily relocate in the

Action Marine building, also on Victory Drive. Rick has negotiated a short

term lease with the owner and is working hard to reopen in order to meet the

needs of his customers during the busy December shopping season.



When Rick went to get his Certificate of Occupancy, he was told that he could

not locate his pawn business - even temporarily - in the building because it is

zoned LMI. Action Marine's operation had been grandfathered.



The Unified Development Ordinance does not provide any options for a temporary

situation like Mr. Johnson's. As a result, even though he is fully prepared to

go through the rezoning process in order to bring a building that he does not

own into compliance with city ordinance, he is prohibited from doing any

business in the interim. This is a major flaw in the UDO that should be

addressed as soon as possible.



In the meantime, I would ask the Council to consider legislative action to

provide Mr. Johnson some relief. He not only needs to stay in business for his

sake, he has a fiduciary responsibility to protect the property that he is

holding in pawn for those who have "deposited" their items with his business.



An executive order or legislative action to allow Mr. Johnson the ability to

operate his pawn business in the Action Marine location for 120 days is wholly

appropriate in this instance. 120 days should provide him ample time to work

through the necessary zoning process and bring the property in compliance. Mr.

Johnson is a credit to our community and has often extended himself to help

this community. I'm now asking that this community, in the form of its

government, extend itself to him. Having had a fire in his store is tragedy

enough. We should not allow an unintended consequence of government

regulations cause another tragedy and force Mr. Johnson out of business.



Further, the lack of an emergency provision in the UDO is a regulatory problem

that must be fixed so that no other citizen is affected like Mr. Johnson is

being affected right now. I hope that the council will move with all

deliberate speed to address this weakness in the ordinance.



Best Regards,

Karl

_______________________________



Karl Douglass

karldouglass@aya.yale.edu













Agenda Item #



Columbus Consolidated Government



Council Meeting



12/18/2007



Agenda Report #



TO: Mayor and Council



SUBJECT: 1330 Victory Drive, Requested for Certificate of Occupancy



INITIATED BY: Rick Jones, AICP, Director of Planning







Recommendation: The Planning Department recommends the denial of this

request for a temporary Certificate of Occupancy.



Background: On November 27, Victory Pawn Shop at 3409 Victory Drive,

suffered major fire damage, forcing the closure of this business. In an

attempt to reopen the business, the owner found a new location at 1330 Victory

Drive, which was the old location for Action Marine. The owner, without

consulting the Inspections and Code Department, signed a lease for the

property, believing that the site was properly zoned. A pawnshop is a

permitted use in a General Commercial (GC) zone. The property is currently

zoned Light Manufacturing/Industrial (LMI), and does not allow for this

particular use. The owner requested a Certificate of Occupancy (CO) for this

location from Inspections and Code and was denied.



Interceding on his behalf, Mr. Karl Douglass from Columbus South, Inc., is

requesting Council grant this business a temporary use permit during the

Christmas season.



Analysis: The proposed site was once used for boat and marine sales, which is

a permitted use in an LMI zone. According to our records, the property has

been zoned LMI since the 1980?s. Immediately adjacent to the site is the city?s

Rotary Park on the west; to the east is additional property owned by the city;

to the south is the city?s Riverwalk; across Victory Drive to the northwest is

Jay Automotive Group Bargain Cars, zoned High Manufacturing/Industrial (HMI);

and to the northeast is Faith Worship Center, which was recently rezoned from

LMI to GC. Most of the property in the immediate vicinity of this site is

zoned LMI.



Land use designations are controlled under the zoning sections of the Unified

Development Ordinance (UDO), which establishes procedures for changing land

uses. The ordinance does provide for special exceptions uses, which are

typically those uses that maybe acceptable is a particular zone, but only under

certain circumstances.



In addition, the UDO provides for temporary uses or special events, which are

generally those uses such as outdoor festivals, craft shows, carnivals, flea

markets and the like. These events are also limited to a certain amount of

days in which they can operate and require an application process that includes

site plans, identification of signage, insurance, and intended use.



Nowhere in the ordinance does it provide authorization for staff or the City

Council to authorize uses not defined for a particular zone. This type of

action requires either a rezoning of the property, or an amendment to the UDO

itself. It also provides adjoining property owners and citizens alike

notification of the potential change and input into the decision making process.



Further, a quick research of other communities has not revealed to us a process

that allows for temporary uses as has been requested. Generally zoning law

does not allocate for such a procedure, as it has the potential for diluting

the zoning ordinance.



Financial Considerations: There are no known financial considerations.



Legal Considerations: The Unified Development Ordinance does not allow for the

issuance of a temporary Certificates of Occupancy. It requires that the

property either be rezoned or that a text amendment be submitted for Council's

consideration.



Recommendations/ Actions: The Planning Department understands clearly the

situation the owner is in, and empathizes with his needs. However, we cannot

recommend approving this request.



The UDO does not provide the city with any authority to grant a special

exception or temporary use for this situation. Such situations or requests are

usually handled through the procedures established by this ordinance.



Granting this request would establish a precedence that may not be defensible

at a later time. Others applicants may seek the same type of relief, based

upon circumstances that may or may not be as difficult as this one is.

Changing the ordinance is also not recommended, as any action of this type

requires the direct involvement of the general public.







A RESOLUTION



NO. _____

A RESOLUTION AUTHORIZING APPROVING A TEMPORARY CERTIFICATE OF OCCUPANCY FOR A

PAWN SHOP AT 1330 VICTORY DRIVE.

WHEREAS, Rick Johnson of Victory Pawn has applied for a Certificate of

Occupancy to operate a pawn shop; and,

WHEREAS, pawn shops are not permitted under the current LMI (Light

Manufacturing / Industrial) District; and,

WHEREAS, the Unified Development Ordinance does not provide for approval of a

temporary Certificate of Occupancy; and,

WHEREAS, the Council deems it necessary the granting of a temporary Certificate

of Occupancy for this particular use;

NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY

RESOLVES AS FOLLOWS:

That a temporary Certificate of Occupancy shall be approved for a pawn shop at

1330 Victory Drive. Said temporary Certificate of Occupancy shall not exceed

120 days from time of issuance.

___________

Introduced at a regular meeting of the Council of Columbus, Georgia, held

the

_________day of _____________, and adopted at said meeting by the affirmative

vote of

_____________members of said Council.

Councilor Allen voting __________.









Councilor Henderson voting __________.

Councilor Hunter voting __________.

Councilor McDaniel voting __________.

Councilor Turner Pugh voting __________.

Councilor Woodson voting __________.



___________________________________ _____________________________

Tiny B. Washington, Clerk of Council , Mayor











Attachments


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