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Letter to the Editor Brunswick News - January 30, 2015
Commission Hands not "tied"
By David C. Kyler
Executive Director, Center for a Sustainable Coast
In researching the Glynn County Zoning Ordinance as it applies to the Flash Foods proposal on St. Simons Island, on behalf of the Center for a Sustainable Coast, I have concluded that:
- The Glynn County Zoning Ordinance is very clear that zoning decisions require the Planning Commission to qualitatively assess the public interest as well as specific requirements such as parking, access and set-backs.
- Contrary to claims often made, the hands of Planning Commission members and elected officials are not “tied.” There is ample justification for legal rejection of proposed development projects if they are deemed to be at odds with the public interest.
- Public interest as defined in the ordinance includes effects on roads, water and sewer, traffic, noise, lighting and the use and value of surrounding property, as well as “other factors” considered to be important. Legal allowances for the Planning Commission evaluating public interest impacts are quite open-ended.
- There is no reason for the Planning Commission to be coerced due a threat of being taken to court
if the project is rejected. Any proposed development project can be denied on the basis of unwanted effects on
public interest, and if such assessment is well reasoned it will be upheld in court.
We need to ensure that county officials know the laws they are obligated to uphold and motivate them to protect the public interest.
Without this disciplined effort to properly follow the law, political rationalizations to allow undesirable development will ruin our treasured quality of life.
David C. Kyler
Executive Director, Center for a Sustainable Coast
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