504/506 Birney Street Motion approving settlement of the case of City of Marietta v. Mary Ruddell Coulter Family Limited Partnership, Case Number 10-1-04559-42, with the address of 504/506 Birney Street, Marietta, Georgia is hereby granted with the following conditions and stipulations: 1. The amount of $20,250.00, which is the City’s original payment into the Registry of the Court. 2. The City installs a commercial driveway apron on N. Fairground (as offered by the City in April 2012). 3. The City agrees to assist the owner with the application to the Board of Zoning Appeals for a variance of the fence setback to allow fencing within 1 foot from the sidewalk/ROW (as offered by the City in April 2012). 4. The City increases dimensions of parking pad previously constructed by the City as replacement for parking pad removed by the City, on property to comply with zoning ordinance (per discussion between Dan Conn and Ed Ruddell on July 30, 2012). 5. This motion also includes any other stipulations as approved by the Director of Public Works and the City Attorney.

Committee

CITY COUNCIL

Introduced

August 6, 2012

Passed

August 8, 2012