The owners of a parcel of land that were denied a special land use permit for a personal care home may be headed to court.
At its April 10 meeting, the Dunwoody City Council voted unanimously to deny an application that would allow for the construction of a personal care facility called Legacy Manor on Mount Vernon Road. A letter submitted to the council prior to that vote indicated the applicants were considering litigation if denied.
A letter submitted by the attorney for the applicants, Anna and Roman Khoklan, said that a refusal by the city council to grant the permit would “would be unconstitutional and discriminate an arbitrary and capricious act by the Mayor and City Council without any rational basis therefore, constituting an abuse of discretion in violation of Article I, Section I, Paragraphs I and II of the Constitution of the State of Georgia of 1983 and the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States.”
Anre Washington, the Khoklan’s attorney, released a statement on Tuesday.
“While we respect the decision of the mayor and the council, it is deeply disappointing,” he said. “This request is consistent with the city’s code, future land use plan, and the surrounding residential community.”
“There is an existing and growing need for the city to permit residential housing options that allows disabled seniors to live in residential areas and age in place with dignity,” the statement continued. “This denial leaves those disabled seniors and their families with fewer options within the city. My client is considering all available options. “
The city, through its communications director Jennifer Boettcher, declined to comment on the matter.
The council, after hearing from Dunwoody Community Development Senior Planner Madalyn Smith, voted without discussion 6-0 earlier this month to deny the application, despite several concessions made by the applicants.
The Khoklans had reduced the footprint of the first floor of the facility and reduced that lot coverage from 43 percent to 38 percent. In addition, the applicants submitted a hydrology study and provided an updated plan set.
Residents near the facility have opposed the construction of the facility since it was proposed, citing concerns about traffic congestion, parking inadequacies, and the location of a 6,800 square-foot care facility in a residential area.
The personal care home, which would house seven residents, according to city documents, would “serve senior citizens who require assistance for their daily life.”
Dunwoody’s staff had recommended the passage of the permit in documents provided as part of the presentation package.
