Gwinnett Buzz - Latest Comments

Re: When using your property impacts others

DebrianMedia — Sat, 21 Jun 2008 01:54:06 -0000

Bob, thanks for your comment. The BoC may indeed be required to balance competing interest of property owners. However, we have commissioners that do not always do that. Two commissioners particularly - Green and Beaudreau - are beholden to special interests. Those special interests may not be developers but they as equally powerful as an influence group. That group is homeowners (and yes, I am a homeowner, but I do not think I have the right to stop others' from using their property just because I own a home). I have chronicled several cases where Beaudreau and Green have opted to cater to homeowner interests over ensuring that property rights are protected. And these are only cases in the short period since I have started this blog. I can think of other cases where Beaudreau has done the same before I began blogging here.

I have said it before and I state it again - developers are a part of the community too. Many are even county residents and, while their interests should not always win out, they should not be treated as if they are the scourge of the county. Lorraine Green commented Monday night at the candidates forum that she was a not a developer, Realtor, or contractor as if those careers were akin to running a strip club or being a prostitute.

You cite the impact on "the county's plan for growth [being] 'materially' negative ENOUGH to warrant the denial." This is no defense. When did a county's plan for growth come to supersede private property rights? Our founding fathers did not contemplate enumerating our inalienable rights to include "life, liberty, and a government-created growth plan." A growth plan is just that - a plan that may not necessarily ensure property rights take precedence over government land use planning. I have seen Beaudreau deny a rezoning request that, based on evidence presented in the hearing for that case, posed no harm to surrounding property owners. Beaudreau's stated reason for the denial? The request was a "spot zoning." I have heard him use that phrase on at least one other occasion. Where is the justification for infringing property rights based on the fact that a property use does no more harm than violating a government plan? What about the owners of that property who are denied the economic and other benefits of their property simply because Beaudreau, Green and company had a "plan"? When the property rights of one member of our community is infringed, we are all negatively impacted because a precedence and climate for abrogation of our own rights is established.

Finally, you are correct in regarding materiality in that materiality is not a concrete concept and has a certain amount of subjectivity itself. However, detailing every possible case of land use impact on neighboring property owners is simply not feasible. Furthermore, the concept of materiality is common in our laws and legal system and is an unreasonable concept to apply in land use decisions.

Re: When using your property impacts others

Bob Griggs — Sat, 21 Jun 2008 00:23:55 -0000

Your concept of "material impact" is interesting, until I realized that it really is NO DIFFERENT from the current standard for approving or denying rezonings.

The County Commission is already required by law to consider the impact on public facilities including roads, water and sewer, etc. They are also required to consider the impact on adjoining and nearby properties. The considerations were codified years ago and are commonly known as "the Steinbergs," named after the state legislator who authored them. They provide a guideline for the Commissioners as they balance the property rights of the zoning applicant with the equally valid property rights of surrounding property owners.

The Commission's decision on a rezoning is purely subjective. In other words, there are very few if any "hard and fast" rules that determine whether or not a rezoning application should be approved. The Commission is required to make its best effort based on the evidence; to balance numerous property interests and the significance of each. Some considerations, as I noted above, are not even related to the impact on adjoining or nearby property but on "the people's property"-- roads, schools, police and fire and so on.

The concept of "material impact" is equally as subjective. Who determines what is or is not a "material impact"? Who determines whether a "material impact" is substantial ENOUGH to affect the zoning decision? What is substantial to one property may not be substantial to another.

SOMEBODY has to decide. At the end of the day, "material impact" is STILL just a balancing of property interests. If the Commission votes to deny a rezoning, it has done so usually because it has determined that the impact on surrounding properties and/or public facilities and/or the county's plan for growth was "materially" negative ENOUGH to warrant the denial.

In other words, the Commission employs your standard today... you just have a problem with specific decisions that the Commission has made. And that's okay-- as the BoC balances the property rights of one person against the equally valid property rights of another, not everyone can be totally happy.

Re: Thoughts on Conservative Republican Women candidates forum

DebrianMedia — Fri, 20 Jun 2008 16:57:23 -0000

Thanks for your comment, Joshua. I am not entirely sold on Charles Bannister. But I would ask you, what has he stumbled through during his tenure? Can you clearly elucidate what positions of Lorraine Green you find so favorable to earn your vote?

Re: Thoughts on Conservative Republican Women candidates forum

Joshua Barlowe — Fri, 20 Jun 2008 12:59:07 -0000

"Charles Bannister, however, seemed to stumble through the majority of his answers. "

Here, GBuzz, you have hit the nail on the head. Charles Bannister has stumbled through everything during his tenure in office. Nothing ever gets done, he always just talks a good game and asks the citizen of Gwinnett to "trust" him.

It's time for some change. I'm voting for Lorraine Green!

Re: Bay Creek Park expansion approved

DebrianMedia — Thu, 19 Jun 2008 18:09:10 -0000

I am not against kids using the park. I am against there be some amount of hanging around. But if too many kids (or any group for that matter) turn it into a hang out as, it can become unattractive to others users. I suspect you are a young person and probably don't remember the days when Phoenix High School was a Rose's shopping center. The cruising there used to be a significant issue in Lawrenceville. I just hope Bay Creek remains a park that is welcoming to football users, baseball users, walkers and runners as well as skateboard enthusiasts.

Re: Bay Creek Park expansion approved

twitchy204 — Tue, 17 Jun 2008 21:10:56 -0000

I get what you're talking about, and that can and most likely will happen with any sport, won't it? isn't a park supposed to be a place to simply relax? I don't see why you're against kids standing around at the park. to me, it sounds like you like the park as it is and don't want kids to get attracted there by a skate park and end up standing around up to no good, if i am understanding things correctly. i respect that, but it sounds kinda selfish.

Re: Sen. David Shafer reaches out to the Buzz

DebrianMedia — Tue, 17 Jun 2008 19:11:44 -0000

Newsbuzz, your point is well taken, but I was talking about commentary and not journalism. I am not a journalist. All jokes aside, I would not claim to be. However, I am a commentator and the media should not have a monopoly on that. In fact, you do not even have to be a blogger to be a commentator. There are so many forms of web community now that virtually can be a commentator. Sure, some will be more known than others and some will have a larger platform, but the Internet is still empowering to the average citizen.

That being said, you point on soliciting input from Tennessee elected officials is a good idea that I may well pursue. Right now, however, as the Gwinnett GOP primary heats up, my work on pursuing Sen. Shafer's plan is on hold. However, I do plan to get back to it soon. Right now, focusing on the Gwinnett primary races takes the bulk of my blogging time.

Re: Bay Creek Park expansion approved

DebrianMedia — Tue, 17 Jun 2008 19:07:55 -0000

Twitchy, you make a lot of sense. Some people don't like basketball, so I cannot argue with your logic. As someone who uses Bay Creek a lot, my only concern is I do not want to see the park turn into a massive teen scene with skateboarders OR basketball players. If they are there shooting hoops or skating that is cool. But I do worry that it may turn into a hang out with large groups of teens just hanging around in the parking lot not actively using the facility and, thus, possibly taking away from the ability of others to enjoy the park.

Re: Bay Creek Park expansion approved

twitchy204 — Tue, 17 Jun 2008 18:49:23 -0000

what's the difference in tax money being spent on skatepark's opposed to baseball fields or something? it gives us a place to get together and skate, instead of being out in the street "destroying" public places as many people like to think. As frustrated as some people get with skateboarder's out in public, i would think that most people would be glad for a place for skateboarder's to get together, in a place that they're allowed. please e-mail back with response at fourwheelerfreak24@yahoo.com

thank you.

Re: Sen. David Shafer reaches out to the Buzz

newsbuzz — Fri, 13 Jun 2008 12:55:13 -0000

While you work on the rest of the story as to why you think moving the state line might not be such a wild idea I can tell you, and you know I speak from experience here, that no news manager that I've ever met thinks their ideas are somehow smarter than the person who lives next door. However as a trained and tested news professional I can tell you we do look at stuff with a different eye and here's why what we do splits from us apart from bloggers. We look at both sides, we talk to both sides and we look at both when we put our news stories together. We would never just talk to David Shafer and just take his point of view. I urge you to call some folks in Tennessee, both elected and those who would suddenly find themselves living in Georgia, and see what they have to say about this, I bet it wouldn't be the same view as Shafer. Presenting the news is never black and white, it's one big shade of gray. On a daily basis I put my personal views aside and I also use them and so does everyone else in our newsroom. It's how we get a balanced story. And THAT is what makes news professionals different than a blogger.

Re: Gwinnett residents to road-trip to Alaska

SJ — Sun, 01 Jun 2008 22:55:51 -0000

I think this is great for Mr. Johnson and his wife Pooja. We all need to create a budget these days to accomplish what is ordinary and extraordinary. All power to you and your four legged friends.