Sandy Springs Issues Subpoenas In Zoning Case

SANDY SPRINGS, GA -- Sandy Springs leaders have authorized its city attorney to issue subpoenas in a zoning case currently before the Board of Appeals.

The Council unanimously approved the authorization -- granted to the body under its municipal code -- at its March 21 meeting.

At question is whether a residential home is being used as a rental property or personal care facility.

Under section 3.3.6 of the Sandy Springs zoning ordinance, up to four “unrelated persons, occupying a dwelling unit and living as a single housekeeping unit…” is a permitted use.

However, the city believes that the home in question on Riverhill Drive is being used as a personal care home and as a commercial enterprise, it does not meet the zoning requirements.

Sandy Springs City Attorney Wendell Willard requested the subpoenas in an effort to gather pertinent information and talk with all parties involved.

The property owner, Silver Oak Partners I, LLC, was notified in December that the living arrangements in place at the home constituted a use not allowed in that zoning area. The company filed an appeal with a March 9 hearing set before the Sandy Springs Board of Appeals.

At the request of the city, the Board granted a 60-day deferment.

According to Sandy Springs, under Section 2.06 -- Inquiries and Investigations -- of the City Charter, the Council can "make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence.”

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