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Box 1, Folder 4, Document 34
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DEPARTMENT OF LAW
2614 FIRST NATIONAL BANK BUILDING
ATLANTA, GEORGIA 30303
ROBERT S. WIGGINS
MARTIN McFARLAND
EDWIN L. STERNE
RALPH C. JENKINS
JOHN E. DOUGHERTY
HENRY L. BOWDEN CHARLES M. LOKEY
CITY ATTORNEY THOMAS F.CHOYCE
FERRIN Y. MATHEWS SHES) Bs PIES HER
ASSISTANT CITY ATTORNEY ASSOCIATE CITY ATTORNEYS
August 5, 1969 HORACE T. WARD
DEPUTY CITY ATTORNEY
ROBERT A. HARRIS
HENRY M.MURFF
CLAIMS ATTORNEYS
JAMES B. HENDERSON
SPECIAL ASSOCIATE CITY ATTORNEY
Honorable Ivan Allen, Jr.
Mayor
City Hall
Atlanta, Georgia 30303
Dear Mayor Allen:
This letter is written in response to your memorandum dated
July 22, 1969, directed to Mr. Henry Bowden and Mr. W. R. Wofford.
In this memorandum you requested advice concerning restrictions
that might prevent a house located at 1307 Thurgood Street, S. W.
from being used as a dwelling place for a number of girls. Attached
to your memorandum were copies of petitions signed by Mr. Herman E.
Glass and certain concerned citizens.
The petition suggested that the girls be allowed to live together
as a family on this particular property.
The question to be answered in this matter is whether the girls
are living together as a family or occupying a boarding or rooming
house.
The above mentioned property is located in an "R-4" zoning dis-
trict in which boarding or rooming houses are not permitted. Another
City Ordinance requires that a license be obtained in order to operate
a boarding house.
In order for the arrangement to satisfy our zoning ordinances, it
must be established that the girls are living together as a family.
Article III, Section I (20) defines family as follows;
Honorable Ivan Allen, Jr.
August 5, 1969
Page 2
One or more persons occupying a dwelling and living
as a single housekeeping unit, as distinguished from
persons occupying a boarding house, lodging house, or
hotel, as herein defined.
The key language in the above definition is "living as a single
housekeeping unit.'"" This requires a degree of central management.
In the event it can be shown that the girls occupying the house are
sharing the rent and expenses and are cooking and eating together,
the arrangement would satisfy our definition of family in my opinion.
If the individual girls are paying periodic rents to the landlord
or his agent for space, it would appear that a boarding or rooming
house exists under the zoning ordinance.
I trust that the foregoing covers/ the information that you requested.
HTW/cj
cc: Hon. Henry Bowden, City Attorney
Hon. W. R. Wofford, Building Official
2614 FIRST NATIONAL BANK BUILDING
ATLANTA, GEORGIA 30303
ROBERT S. WIGGINS
MARTIN McFARLAND
EDWIN L. STERNE
RALPH C. JENKINS
JOHN E. DOUGHERTY
HENRY L. BOWDEN CHARLES M. LOKEY
CITY ATTORNEY THOMAS F.CHOYCE
FERRIN Y. MATHEWS SHES) Bs PIES HER
ASSISTANT CITY ATTORNEY ASSOCIATE CITY ATTORNEYS
August 5, 1969 HORACE T. WARD
DEPUTY CITY ATTORNEY
ROBERT A. HARRIS
HENRY M.MURFF
CLAIMS ATTORNEYS
JAMES B. HENDERSON
SPECIAL ASSOCIATE CITY ATTORNEY
Honorable Ivan Allen, Jr.
Mayor
City Hall
Atlanta, Georgia 30303
Dear Mayor Allen:
This letter is written in response to your memorandum dated
July 22, 1969, directed to Mr. Henry Bowden and Mr. W. R. Wofford.
In this memorandum you requested advice concerning restrictions
that might prevent a house located at 1307 Thurgood Street, S. W.
from being used as a dwelling place for a number of girls. Attached
to your memorandum were copies of petitions signed by Mr. Herman E.
Glass and certain concerned citizens.
The petition suggested that the girls be allowed to live together
as a family on this particular property.
The question to be answered in this matter is whether the girls
are living together as a family or occupying a boarding or rooming
house.
The above mentioned property is located in an "R-4" zoning dis-
trict in which boarding or rooming houses are not permitted. Another
City Ordinance requires that a license be obtained in order to operate
a boarding house.
In order for the arrangement to satisfy our zoning ordinances, it
must be established that the girls are living together as a family.
Article III, Section I (20) defines family as follows;
Honorable Ivan Allen, Jr.
August 5, 1969
Page 2
One or more persons occupying a dwelling and living
as a single housekeeping unit, as distinguished from
persons occupying a boarding house, lodging house, or
hotel, as herein defined.
The key language in the above definition is "living as a single
housekeeping unit.'"" This requires a degree of central management.
In the event it can be shown that the girls occupying the house are
sharing the rent and expenses and are cooking and eating together,
the arrangement would satisfy our definition of family in my opinion.
If the individual girls are paying periodic rents to the landlord
or his agent for space, it would appear that a boarding or rooming
house exists under the zoning ordinance.
I trust that the foregoing covers/ the information that you requested.
HTW/cj
cc: Hon. Henry Bowden, City Attorney
Hon. W. R. Wofford, Building Official
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