Last Updated on 12/4/2008

Published on 8/31/2008

By Tommy Howard

thoward@gtowntimes.com

"How can you sue yourself?"

That's the first question that comes to mind for several people when they hear that the City of Georgetown has filed legal action against ... the City of Georgetown.

It's not quite that simple, but the action still is a puzzle to many.

The former City of Georgetown Zoning Administrator Jamie Davis is named as the plaintiff in a "Notice of Appeal and Petition."

She is no longer with the city, however. And, she was not the Zoning Administrator at the time building permits were issued that are at the heart of the legal action.

Just before a city Planning Commission meeting in March, when there was to be a public hearing on the Pin Oaks Apartments on Church Street Extension, City Administrator Steve Thomas said he learned the apartments were actually townhouses.

Sabrina Morris, at that time in March, was serving as both the city's Director of Development and as Zoning Administrator. However, she was not present at the meeting. Thomas told a group of people present that there would be no meeting of the Planning Commission because, since the project was made up of what he called townhouses, planning staff could allow a building permit without input from the Planning Commission.

What he did not say -- and what the most recent "Notice of Appeal and Petition" fails to mention -- is that the building permits were actually issued on Feb. 28, more than two weeks before he said he learned of the supposed "townhouse" designation.

Connelly Builders of Columbia has two other multi-family housing developments in Georgetown, Hickory Knoll just down the street from the proposed Pin Oaks apartments, and Georgetown Commons in the Maryville area.

Other action

Another legal action is also pending.

On Jan. 29, 2008, Connelly Development and Pin Oak LLP filed a motion for injunction and writ of mandamus against the city, the Building and Planning Department and Sabrina Morris.

A motion hearing is scheduled in that separate case on Thursday, Sept. 4.

Permits issued

The building permits issued on Feb. 28, 2008 were for seven units and a clubhouse.

On the building permit in the block where an applicant is to describe the work, each of the seven dwelling units is described as: "Multi-Family apartments - 4 units 3 bedrooms Townhouse - 2 stories."

In other documents the project is described as apartments. The units would be rental units, not owned by individuals.

Over a period of several weeks in late winter, several Planning Commission meetings were not held because of a lack of quorum or other reasons. A large crowd of people living near the area gathered each time, mostly to voice their opposition.

Lori Zito is one of the residents of the area, and she became a spokesman for many of her neighbors. She has been named in the City's most recent legal action, which was dated Aug. 14 and "clocked in" at the Georgetown County Courthouse on Aug. 15.

The upshot of this petition is that Conway attorney Michael W. Battle is filing a legal action against the City of Georgetown Board of Zoning Appeals.

Battle filed the action on behalf of Jamie Davis, Zoning Administrator on Aug. 14. Davis, however, was not working for the City at the time the building permits were issued on Feb. 28.

They were accepted at the city's Building and Planning Department by "DG," Debra Grant. The block showing "Zoning Approved By" bears the initials "SM," or Sabrina Morris. The block on the form indicating "Plans Checked By" is blank.

"Approved for Issuance" is signed by SJ Stack (Stephen Stack, the city's Building Official).

All of those signatures or initials were affixed on Feb. 28, 2008.

On March 25, almost one month after the building permits were issued, Thomas told a packed City Council chambers audience the Planning Commission meeting that night would not be held.

As Scott Harper reported at the time:

City Planner Sabrina Morris -- who has handled the matter from the beginning -- was replaced by Thomas who did all the talking.

He said he decided to take over because he was a history major in college and found this issue intriguing.

After showing the Commission and audience a map from 1981 that showed the property was zoned R3 at that time, Thomas dropped the bombshell that drew the anger of (City Councilman Peggy) Wayne and the residents.

He said when the original plans for the project were presented early last year, it was for 56 units, which would have required Planning Commission approval. The city's zoning ordinance was revised last year and, because of that, the number of proposed units was reduced to 48 and then down to 28.

Thomas said the plans were redrawn and now the 28 units, according to the city ordinance, are considered a townhouse development and not group housing as originally proposed. He said the ordinance allows city staff to approve townhouses.

"It is single-family housing. Because of that, it does not need Planning Commission approval," Thomas told the Commission. In other words, none of the meetings that were scheduled and canceled -- or the ones that were actually held -- were necessary, according to Thomas.

"With that in mind, I don't know what we are doing here," Commission Chairman Bill Hartis said in late March, Harper reported.

The city's ordinance defines a townhouse as "buildings containing more than two dwelling units. Townhouse units located on individual lots of record shall not be considered multifamily units."

The property, a little more than five acres in size, has not been and is not planned to be subdivided into individual lots.

Ultimately, in early August, the Board of Zoning Appeals signed an order a majority of its members had approved the previous month.

The order states:

"The City of Georgetown's Zoning Administrator did err in interpreting that the "Pin Oak" development is to be classified as a townhouse when issuing a building permit to Connelly Builders Incorporated. The decision of the Zoning Administrator is hereby rejected and we recommend that this matter be remanded to the City's Planning Commission as had been scheduled on March 18, 2008."

The appeal filed by Conway attorney Battle on Aug. 15 means that Davis, no longer with the City, is seeking to overturn a decision made by the Board of Zoning Appeals. Davis, the City of Georgetown Zoning Administrator at the time the "petition" was filed, is listed as the plaintiff.

City Attorney Elise Crosby is listed as attorney for the defendants, the City of Georgetown Board of Zoning Appeals.

Also, Lori Zito representing her neighbors is listed as a defendant. Zito and her neighbors had previously hired attorney Robert Moran to represent their interests.

So, the City of Georgetown will pay Conway attorney Michael Battle to represent Davis, no longer an employee of the city, in a legal action against the city's BZA. Crosby will also be paid by the City of Georgetown to defend the BZA against the legal action brought by the Conway attorney.

Late Friday afternoon, the Georgetown Times sent an e-mail message to City Administrator Steve Thomas, Mayor Lynn Wood Wilson and City Attorney Elise Crosby seeking an explanation "about why the city has decided to file a legal action against its own Board of Zoning Appeals."

Thomas wrote in an e-mail:

"The city has no comment at this time except to say that the 'Notice of Appeal and Petition' should speak for itself."

Neither Wilson nor Crosby replied to the e-mail request for comment.

*

In early May 2007, developer Kevin Connelly presented his proposal to City Council. At the time he asked for incentives for infrastructure, similar to the $241,000 that Council had just approved for the gated South Island Plantation.

City Council told Connelly and Mark Richardson of Greenway Development that it would not approve incentives for their two separate low income housing developments.

In the May 3, 2007 meeting, several Council members offered their thoughts on low income housing.

Councilman Paige Sawyer said businesses look at the demographics of an area when they are seeking places to locate.

"We need places to eat such as an Applebees or Chick-Fil-A and they will not locate in areas with lots of subsidized housing," Sawyer said. "We need more single-family housing. I don't think the city needs to expand any further in the subsidized housing business."

Councilman Rudolph Bradley agreed.

"Developers like this do a disservice. Georgetown is not the ideal place for these types of structures. Why not take the acreage and put single-family housing?" he asked.

Mayor Lynn Wood Wilson, who said there are already two low income housing developments in that area, also concluded his remarks with a question.

"Do we need to be the low income housing area for the whole county?"

Councilman Brendon Barber said the city has already zoned mobile homes from most areas and the people who lived in those mobile homes need such affordable housing.

*

In the current legal action, Crosby and Moran have 30 days from Aug. 15 to reply to Conway attorney Battle.

Reporter Scott Harper contributed to this story.