USEFUL LINKS

Round two.

Owners of a 3.4 acre tract on Canton Road have reconsidered their decision not to request a land use permit allowing automotive sales on their property at the corner of Canton Road and Westerly Way.

Owners of this property at the corner of Canton Road and Westerly Way have reconsidered and are again requesting a Special Land Use Permit to sell used vehicles from the site.

Commissioners voted unanimously to rezone the property to a community retail center (CRC) with stipulations without future consideration of a land use permit for automotive sales that had been requested during a Dec. 8 meeting of the Cobb County Planning Commission. That request would have been heard in February, 2010. The Planning Commission recommended allowing a CRC designation and a three-year special land use (SLUP) permit for used car sales on the Lestos site after an agreement had been worked out by the owners with the Canton Road Neighbors and Northeast Cobb Homeowners Group. Both civic groups are active in the Northeast Cobb area monitoring zonings.

The initial rezoning request sought a change from general commercial to general commercial for the purpose of vehicular sales, service, repair and retail. That was needed because the tract next to Westerly Way had been vacant of a car lot for more than six months. Because of that time lapse and the property's general commercial zoning on a site not indicated as a community or regional activity center on the county's future land use map, it had lost its grandfather status to sell vehicles.

Sams said his clients are now seeking the SLUP once again because they have a tenant for the property that wants to sell used vehicles from the site.

"The Lestos had someone who wanted to use the property for used car sales, but between the planning commission and bord of commissioners meeting, that client backed out," said Sams. "With that in mind, we withdrew the SLUP request. They now have a different person who wants to utilize the property for car sales. That person came to them about three weeks ago, so we filed for a SLUP again Feb. 3. They have been without income on that property for about a year now, so this will generate some income they need."

Sams has said the Lestos are seeking the SLUP without the three-year time constraint, but that could be a tough sale to Cobb County. A Canton Road Redevelopment Plan passed by the commission in 2005 did not leave much room for the future development of automotive uses along the road, where numerous tire and automotive stores still exist. Also, local homeowners groups have made it a point to limit or eliminate used car sales along the road. Carol Brown, of the Canton Road Neighbors, said she would not oppose allowing the car sales but would not back them on a permanent basis.

"I know we've been through this before," said Brown. "It's deja vu all over again. As a group, we are reluctant to deny this permit. Considering the economy and out of fairness to the property owner, we'll keep our word to agree to the three years we originally backed with all the original terms and restrictions."

The Lestos' property had been a home for numerous used car businesses since it was rezoned in 1989 for a 31,000 square-foot shopping center. However, the retail center was never built, and car sales began being implemented on the site..