Thursday, March 29, 2012

What Happens at the April 2nd City Commission Meeting?

Notice of Violation Hearing Letter


In my opinion the business license will be revoked as the business will be found to be in violation of Georgia Code - Property - Title 44, Section 44-12-138 which says at (a)(1): . . . A pawnbroker shall not use the term 'loan' in any advertisements or in connection with any advertising of the business of the pawnbroker" 

The business name itself (Cruchelow Jewelry and Loan) violates the Georgia Code as the stated 'purpose of the business' is listed as "Pawn Shop" in the application for a business license.

On April 3rd the business will not reopen.

It is not necessary to address the issue of a 'mistake' on the part of the City of Kennesaw in issuing the license nor it is necessary to consider any subsequent application for a variance. 

The title of the business itself coupled with the stated purpose of the business in their 'Application for Occupational Tax Certificate', is enough to require the City Commission to revoke the business license.
Posted by Picasa

Tuesday, March 27, 2012


From my post on the Kennesaw Patch:

Bill

Perhaps the Mayor and City Commission should consider that using the term 'residents' of the area is a bit misleading, try thinking 'voters' instead.

How many votes will allowing the Pawn Shop to remain vs. how many votes will you get by doing the right thing and making them depart?

Judging from the turnout at the meeting last evening it seemed that only one person in about 50 attending was supporting the pawn shop. I don't think that mayors or city councilmen often get re-elected by playing to the 2% of the population vs. the 98% who take up important local issues.

We expect firm and decisive action on this matter, not six elected officials who want to sit on a fence. So you are either 'with us' or you are 'against us' and keep in mind that if you opt for a variance to allow the shop to remain that puts you in the 'against us' category.

Posted by Picasa

Updates info: Kennesaw pawnshop hearing

The sign updates the meeting dates/times for the Pawn Shop hearing:


by Kim Isaza
newseditor@mdjonline.com
March 27, 2012 01:18 AM
Cruchelow Jewelry and Loan, which is located in the Mack Dobbs Point shopping complex at the corner of Cobb Parkway and Mack Dobbs Road, was recently granted a pawnshop license erroneously. <br> MDJ file photo
Cruchelow Jewelry and Loan, which is located in the Mack Dobbs Point shopping complex at the corner of Cobb Parkway and Mack Dobbs Road, was recently granted a pawnshop license erroneously.
MDJ file photo
slideshow













KENNESAW — The city of Kennesaw has put the owners of a pawnshop on notice that by using the word ‘loan’ in their name, they are in violation of a state ordinance.

But the bigger issue for people who live near Cruchelow Jewelry and Loan is that the pawnshop should not even exist in the strip mall at Cobb Parkway and Mack Dobbs Road, and the city admits it made a mistake when it granted the business a license last September.

“We had a serious, serious oversight in our zoning department,” Mayor Mark Mathews told the crowd of about 40 residents who attended a city meeting on the issue Monday night at the Ben Robertson Community Center. He also apologized for the mistake.

“That’s not the way we want to do business,” Mathews said. “I fully understand the concerns of our residents.” But the mayor also said he appreciates anyone who tries to open a business in this economy.

The issue dates to 2004, when, in approving a zoning request for property owner Celestino Venturi to build the strip mall, the city agreed — and wrote into city ordinances — that certain uses, including pawnshops, would not be permitted there.

The pawnshop is owned by John and Serena Cruchelow, who did not attend Monday’s meeting. But Nancy Johnson, who described herself as a good friend of the newlywed couple, spoke up on their behalf, sometimes through tears.

“These are two good people,” Johnson said. “They didn’t know they weren’t supposed to be there. What’s being done for them?”

Later, Johnson said the couple had spent $18,000 finishing the space for their shop and could not afford to relocate.

“This is their life savings, and if the city closes them down, they lose their life,” she said. “They just want to bring business to the community.”

A few neighbors responded that they were sympathetic toward the couple, and one woman said she would volunteer to help them move if it would save them money. Most neighbors focused their disdain on Venturi, who has owned the property all along and knew pawnshops were not allowed there. Venturi was not at the meeting and has previously declined to comment to the Journal regarding the shop.

“The owner was well aware of the stipulations,” Mathews said.

Most city council members attended the meeting, as did City Manager Steve Kennedy and zoning administrator Darryl Simmons.

The hearing on the citation over the Cruchelow’s use of the word ‘loan’ will be at the April 2 city council meeting, which begins at 6:30 p.m. at city hall. At that time, the council has three choices: do nothing, suspend the shop’s pawn license, or revoke the shop’s pawn license. The owner could change the shop’s name to solve that problem, and then apply for a variance in an effort to stay put. Mathews said a variance request is expected.

But the residents, one of whom said he brought a petition with signatures of 75 of his neighbors, were clear in wanting the pawnshop gone.

Hope Brandner’s subdivision, Summer Brooke, was built in the late 1990s, long before the strip mall came along.

“It almost feels like we’re being thrown under the bus,” she said.

As for whether the city should help pay for the Cruchelows to locate their business, she said city residents will end up paying for it somehow.

“It’s a no-win situation,” Brandner said. “The developer, No. 1, is responsible because he was aware of it. But the city is also responsible. They admit they made a mistake. They stepped in it. Don’t come in here and try to do some kind of variance because we, the taxpayers who elected you, are not going to be happy with you.”

As for the citation over the word ‘loan’ in the business name, that provision is found in Georgia code section 44-12-138, which states that any pawnbroker who opens up after March 1, 1992, must prominently use the word ‘pawn’ and cannot use the term ‘loan’ in any advertisements.

Johnson, the friend of the Cruchelows, asked if that applies to car-title pawn firms that may use the word ‘loan,’ to which Mathews agreed that it does.

“We are reviewing existing licenses,” Mathews said.   

Read more:   The Marietta Daily Journal - Kennesaw pawnshop hearing will be April 2
Mayor Mathews: We Made a Mistake

Kennesaw mayor admits city officials were wrong in allowing a pawn shop to locate in a shopping center near Mack Dobbs Road.

ByDonna Espy-Rypel, Kennesaw Patch
About 50 residents from the Summer Brooke and Summer Stream neighborhoods gathered Monday to hear the latest developments with a controversial pawn shop.


City officials admit they were wrong when Cruchelow Jewelry & Loan was allowed to open in the Mack Dobbs Point strip mall last year, despite a 2004 agreement prohibiting pawn shops from the property.

Now city officials are weighing possible solutions to the issue, which was brought to light by Kennesaw resident Bill Harris.

"We approved this application erroneously, and it's a very unfortunate oversight," said Kennesaw Mayor Mark Mathews. "We're taking steps to make sure this doesn't happen again."

A hearing is scheduled for April 2 at the 6:30 p.m. city council meeting, and Mathews said one of three things can be done at that meeting: 1) Find no fault; 2) suspend the business license for a period of time and the business would close; or 3) revoke the license.

At Monday's meeting a Summer Brooke resident a petition has been signed by 75 of 112 residents wanting the pawn shop removed from the strip mall.

Nancy Johnson of Kennesaw spoke on behalf of pawn shop owners Serena and John Cruchelow. She said he hated to see their hard work and investment closed down.

"They couldn't come and defend themselves right now, so somebody has to tell their side," said Johnson, adding the Cruchelows put $18,000 toward renovations in the building. "These are two good people trying to start a business."

Mayor Mathews said the name violation alone was a serious matter and the pawn shop was in the wrong by having used the term 'Jewelry and Loan' when the Georgia Code completely bars that 'Loan' usage for any pawn shops opened after 1992.

Most in attendance said they had no ill will toward the pawn shop owners, but were angry at the strip mall owner, Celestino Venturi, for going against what he agreed to in 2004.

Mathews said there will be a winner and a loser in the situation. "I apologize to all of our residents," said Mathews, adding a solution will come as quickly as legally possible. "That's not the way we do business. We don't hide from our problems."

Monday, March 26, 2012

City meets with residents over pawn shop that shouldn't have been approved

Posted: Mar 26, 2012 10:55 PM EDT
Sonia Moghe - email

Photo:  Residents are asked to raise their hands if they want the Pawn Shop gone.

KENNESAW, GA (CBS ATLANTA)

Residents near the new Cruchelow Jewelry and Loan store told Kennesaw Mayor Mark Mathews they want the shop gone.

Neighbor Carol Robertson said she was at a meeting in 2004 between residents, the city and the landlord, where she said residents were promised that, if they allowed businesses to come to this residentially-zoned land, certain types of businesses like pawn shops would not be allowed.

"When you have people that (are) in a pawn situation, you're inviting people who are not of the cleanest elements sometimes who are coming in with stolen goods," Robertson said.

Mathews admitted that the city should not have approved a pawn broker's license for the business.

"We had a terrible oversight and for that I apologize to the residents, I apologize to the business owner," Mathews said. "They shouldn't be in that position."

But Nancy Johnson, a friend of the Cruchelow Jewelry and Loan owners, said the owners had no idea the shop they decided to rent was on land that was zoned to prohibit pawn shops.

"Honestly, they've put so much into this and they're good people," Johnson said. "They just want to bring a business to their community, and they didn't know about any of it."

Johnson said the owners, who are husband and wife, spent about $18,000 fixing up the space to turn it into a shop and cannot afford a move. She said she feels that the landlord did know about the agreement to prohibit pawn shops on that land since he was allegedly at the 2004 meeting with residents.

"He knew, I've got a copy of the contract (he made with the business owners), it's all through the contract, he explicitly said that no outdoor sign could say pawn," Johnson said.

The City Council can decide whether or not to suspend, revoke or allow the store's pawn broker license by April 2.

Results of the 3/26 Kennesaw Informational Meeting

The City of Kennesaw Informational Meeting ran from 6:30 pm until 7:25 and was attended by approximately 45-50 area residents and of course the media including CBS-TV Atlanta. The Mayor and City Manger Mr. Kennedy were present.

Mayor Mathews spoke at length about the problem and again admitted that it was the City which dropped the ball on approving the business license last September.

The meeting was specifically for area residents and no representative of Mr. Venturi, the property owner, appeared nor it seems were they invited. I did copy the Venturi lawyer Mr. Garvis Sams with information that the meeting was to be held so the owner and his lawyer would have been able to attend if they had wished to do so.


When the Mayor asked if there was anyone in attendance who favored the shop being there no one spoke up in favor of it, however, later in the question/answer segment Nancy Johnson did speak in favor of the shop saying that she knew the shop owners and that $18,000 in improvements had been made and that it was not possible to simply up and move.

Other than these several comments the audience reaction was entirely negative.
A Violation hearing for the shop is now set for Mon 4/2/12, at 6:30 p.m., where the City Council has 3 options as outlined by the Mayor. 1) Do nothing, 2) Suspend the License or 3) Revoke the license. The outcome of this meeting 4/2 will be to select one of these options.
Residents of Summer Stream and Summer Brooke spoke and a Summer Brooke representative said that they had a petition signed by 75 of 112 residents in that subdivision which asked that the Pawn Shop be removed from the strip mall
.
Mayor Mathews stated that the name violation alone was a serious matter in that the Pawn Shop seemed entirely in the wrong by having used the term Jewelry and Loan where the Georgia Code completely bars that 'Loan' usage for any Pawn Shops opened after 1992.

A comment from the floor asked about other Title Loan businesses who might be in similar violation and the Mayor said that this issue was also being looked into.
Representatives of Summer Stream and Summer Brook will be in attendance at the April 2nd meeting.

An Outgoing Email to the City of Kennesaw

A final word on the Pawn Shop
Date: 3/26/2012 1:42:42 P.M. Eastern Daylight Time
From: Consumer2010@aol.com

To: mmathews@kennesaw-ga.gov, bthrash@kennesaw-ga.gov, cwelsh@kennesaw-ga.gov, bjenkins@kennesaw-ga.gov, jduckett@kennesaw-ga.gov, tkillingsworth@kennesaw-ga.gov, skennedy@kennesaw-ga.gov, dsimmons@kennesaw-ga.gov

I plan to attend the meeting this evening along with other interested area residents.

I do not know who will be there from the City so I am emailing this suggestion to all of you.

The issue is clear cut and 2 fold:

1) the Pawn Shop is there by virtue of deceit and trickery and the owners well knew it should not be in that strip mall.

2) the State of Georgia has established rules for Pawn Shops, one of them bans the use of the word 'Loan' for any pawn shop opened after 1992. The very title of their LLC is contrary to these regulations.*

In order to have a shorter meeting it might be worth just telling the attendees what the City of Kennesaw is going to do about the Pawn Shop problem.

I believe you can take as a given, that those attending want the pawn shop gone, so rather than listen to 30 people say pretty much the same thing, why not just tell us what you are going to do and we can all get out of there quickly.

Hopefully tonight, the word 'variance' isn't going to be used.


Bill Harris
Summer Stream, Kennesaw

*Georgia Code - Property - Title 44, Section 44-12-138
"(a)(1) . . . A pawnbroker shall not use the term 'loan' in any advertisements or in connection with any advertising of the business of the pawnbroker"

Friday, March 23, 2012

City Sets Meeting to Discuss Pawn Shop

The City of Kennesaw has put out a mailing to the Summer Stream and Summerbrooke subdivisions regarding an informational meeting to be held at the Ben Robertson Community Center in Kennesaw at 6:30 pm Monday March 26th.

The topic is the Cruchelow Jewelry and Loan store in the Mack Dobbs Point mall at the corner of Cobb Pky and Mack Dobbs Drive.

A summary of the Pawn Shop issue is found at this Rip Off Report link:
http://tinyurl.com/77y98uc

and also at: http://jcruchelow.blogspot.com
http://kennesaw.proboards.com/index.cgi
 

-----------------------------------------------------

Upcoming Meeting on Pawn Shop Issue

The meeting will take place Monday at 6:30 p.m. at the Ben Robertson Community Center.

By Gaetana Pipia,
Editor, Kennesaw Patch

The city is seeking input from community members on what should be done about a pawn shop that was mistakenly allowed to open up for business at the Mack Dobbs Point strip mall.

Kennesaw city officials admit a mistake was made when Cruchelow Jewelry & Loan was allowed to open there this year, despite a 2004 agreement prohibiting pawn shops from the property.

Now, city officials are weighing possible solutions to the matter, which has been brought to light by Kennesaw resident Bill Harris.

Read more about the circumstances and history surrounding the pawn shop issue here.  http://jcruchelow.blogspot.com/

Officials with the City Manager's Office and Planning and Zoning Department have invited Summer Brooke and Summer Stream residents who live near the property, along with other concerned community members, to attend a meeting on the matter this Monday, March 26, at 6:30 p.m. at the Ben Robertson Community Center.

Wednesday, March 21, 2012

Georgia Code - Property - Title 44, Section 44-12-138

A direct link to the below quoted information is: http://law.onecle.com/georgia/44/44-12-138.html

Georgia Code - Property - Title 44, Section 44-12-138

(a)(1) Any pawnbroker as defined in paragraph (2) of Code Section 44-12-130 shall include most prominently in any and all types of advertisements the word 'pawn' or the words 'pawn transaction.' A pawnbroker shall not use the term 'loan' in any advertisements or in connection with any advertising of the business of the pawnbroker; provided, however, that the provisions of this sentence shall not apply to a pawnbroker in business on March 1, 1992, which uses the term 'loan' in connection with the name of the business or with advertising of the business.

 

 
Q)  Who is John Ross Salazar? 
A)  Check back, we are working on it!

The Information is Now On Record with the City

Testimony has now been given, under oath, subject to the penalties of perjury, to the City Council and City Attorney, by two people regarding the knowing deception of the Cruchelow's in obtaining a license to operate their Pawn Shop in the Mack Dobbs Point strip mall.

The information provided is to the effect that:

1)   Strip Mall Owner Ventrui was not aware that the use of units 1 & 2 at his mall would be for the purposes of operating a Pawn Shop, that when Venturi personally informed them that the Pawn Shop was not permitted they claimed the usage had been disclosed in their City application and they then put up additional Pawn Shop worded sinage.

2)   On numerous occasions the Cruchelows' made statements in the community indicating:

   a) that they were aware that Pawn Shops were not allowed in that strip mall,

   b) that they believed they had come up with a way to beat the system to get their Pawn Shop into that mall,

   c) that they had outsmarted the City by getting the license in a location that prohibits such businesses.

Monday, March 19, 2012

Did the Cruchelow's "Beat the System?"

Results of the Kennesaw City Council Meeting of March 19th

When the meeting was opened to general comments from the floor, I addressed the Council about the Pawn Shop matter and pointed out that they had been 'had' by the Pawn Shop application and that the fancy title served to cover up the real purpose of the shop which was only mentioned once in their 20 page application when 'pawn shop' appeared one time only.

I summarized the info that the property Owner, Mr. Venturi, was kept in the dark about the actual purpose of the shop and that the shop owners bragged to neighbors that they had gotten around the prohibition on pawn shops with their disingenuous application. I mentioned that if I were on the Council and had this happen to me that I would be very POed at the Cruchelows.

Following me to speak were 2 other Kennesaw residents who confirmed and elaborated on what I had already presented to the Council.

Residents of this area expect that the City Council and Zoning Department will now take this matter in hand and require the Pawn Shop to close down.

Saturday, March 17, 2012

I'm not sure in Blog Sites can actually have 'Breaking News', but this might qualify:

A former friend and neighbor of the Cruchelow's writes on Yelp.com the below and you might pay particular attention to:

"On numerous occasions they spoke openly about opening their own "pawn shop" and bragged about how they, so called, found a way to beat the system by putting/ opening their "pawn shop" in a location that city ordnance strictly prohibits such "down market businesses".

You can see additional information, such as the Cobb Police report and Yelp screen shots at:  http://jcruchelow.blogspot.com/

Right click then 'open' for larger view or just print it out -
 
In case the text of the above is not clear, here it is again:

Hello Mr. Tony J.

Unfortunately I know these people; they're my next door neighbors! I personally cannot speak directly regarding how they operate their business but I most definitely can speak intelligently to their moral character which surely influences how they conduct themselves in business!

When the Cruchelow's moved in, consequently, becoming my new neighbors, both my wife and I quickly befriended them and welcomed them to the neighborhood. On numerous occasions they spoke openly about opening their own "pawn shop" and bragged about how they, so called, found a way to beat the system by putting/ opening their "pawn shop" in a location that city ordnance strictly prohibits such "down market businesses".

Well, it didn't take but a short period of time to realize that we shouldn't have befriended them for reason stated above. Even worse, Mr. Cruchelow and I had a physical altercation, due solely to his "Hot Temperament"! (Neither of us were arrested, although he would've been had I pressed the issue; additionally, he was later arrested for "Disorderly Conduct" due to his horribly dirty trash talking loud mouth. My wife and I were totally mortified as Mr. Cruchelow "repeatedly" spewed vulgarity at me in the company of my 1 year and 4 year old children; consequently, my wife immediately took our children inside. Mr. Cruchelow was So loud screaming vulgarities, that our neighbor 4 houses away "inside" his home could clearly hear him; consequently, Mr. Cruchelow was arrested, charged and found Guilty of Disorderly Conduct in front of children! E.g.,
http://jcruchelow.blog...

Bottom line:
Ask yourself "Should I" be doing business with these people, more specifically, Mr. John Cruchelow!

Warning: It's my understanding that the city of Kennesaw recognized their mistake and are actively looking to revoke their business license or whatever they need to do, for all of our sakes, to get this type of "down market" business out of Kennesaw! In my most humble opinion and I'm not some right/ left wing extremist or on my preacher soapbox, Pawn Shops are right up there with the Adult Bookstores, Tattoo Parlors and Liquor Stores!

Further information can be found at,
http://kennesawpawnpro...

Just one of several reasons area residents do NOT want a Pawn Shop in their neighborhood is the cheesy advertising on the windows and having people parading up and down in front of the mall advertising as shown below:

Friday, March 16, 2012

A broken promise -

The property owners near the Mack Dobbs Point strip mall put considerable time and effort into trying to limit the sort of businesses that would be allowed to open on the then undeveloped property.

Community meetings were held and agreements were made with the owner of the parcel to be rezoned, the Kennesaw City Council was involved and made sure that the agreement was binding and incorporated into the minutes of the October 2004 Council meeting.

Subsequently all this was undone in September 2011 by another City Council agreeing to allow the sort of business to open that had already been banned.

Unfortunately this 2011 action negated the considerable community involvment of 2004 and showed the property owners of Summer Stream and other developments that they could not count on their elected officials to keep their word.

"It seems a shame," the Walrus said,
"To play them such a trick,
After we've brought them out so far,
And made them trot so quick!"




From the Kennesaw Patch and CBS TV:

Kennesaw city officials admit a mistake was made when Cruchelow Jewelry & Loan was allowed to open at the Mack Dobbs Point strip mall this year, despite a 2004 agreement prohibiting pawn shops from the property.

Now, city officials are weighing possible solutions to the matter, which has been brought to light by Kennesaw resident Bill Harris.

In 2004, Harris and other residents of the Summer Stream neighborhood adjacent to the 2.9-acre area at North Cobb Parkway and Mack Dobbs Road attended a series of meetings regarding the property, which developer Celestino Venturi sought to change from residential to commercial.

"Through meetings and interaction with Mr. Venturi it was agreed that certain down market, annoying or undesirable types of businesses would be excluded from opening on that property, this so as not to adversely affect our property values or have 24 hour businesses near our homes," Harris wrote in a letter to fellow homeowners.

Harris met with city officials on March 8 and has highlighted the issue on his blog, kennesawpawnproblems.blogspot.com.

While many were initially opposed to the zoning change, an agreement was reached between residents, Venturi, and the City of Kennesaw that the area could be developed as long as certain types of businesses were prohibited, Harris told Patch.

According to minutes from the Oct. 4, 2004 City Council meeting, Zoning Administrator Darryl Simmons recommended approval of the rezoning on condition of a Sept. 24 compliance letter prepared by Sams Larkin and Huff. The letter details the kinds of businesses which cannot be on the property, including pawn shops, tattoo parlors, theatres, pool halls, auto paint/body repair shops and more.

City officials admit they made a mistake.

"There was an unfortunate oversight by Zoning Staff in their review of the Cruchelow application," said City Manager Steve Kennedy. "Certain information was overlooked which resulted in the related application paperwork being signed off on by the Zoning Administrator."

Kennedy and Simmons were both present during the initial 2004 discussions about the property, along with Mayor Mark Mathews, who served on the Council at the time, and current Council member Bill Thrash.

City finance director Gina Auld recommended the City Council approve a pawn and precious metal license for Cruchelow Jewelry & Loan, and the application was approved unanimously, according to minutes from the Sep. 19, 2011 Council meeting. The license was approved in December.

"We have scheduled a meeting with the owner of the property this week and we are setting up a meeting with the surrounding neighbors to communicate the situation to them," Kennedy said Wednesday. "A final decision as to what the resulting action will be has not been identified at this time. The situation from an internal perspective has been reviewed with staff involved and this situation should never happen in the future."

Harris said he hopes a solution can be found and that the city will not simply grant a variance, allowing the shop to stay.

"I don’t foresee this as being an easy thing to solve," Harris said. "But I think the people would be interested in knowing about it. I think the general feeling would be they’re disappointed to find the pawnshop there, but I don’t think we’re boiling tar looking for feathers."

Harris, who said he has not been inside Cruchelow Jewelry & Loan, said it's not fair to simply kick the business owners out. After all, "They’ve done what they’re supposed to do," he said.

A possible solution could be that the business not advertise or present itself as a pawn shop, he said. Harris also suggested the business could move to unoccupied units at the Mars Hill Point strip mall also owned by Venturi.

"The Mars Hill property is considerably busier than the Kennesaw one and if Mr. Venturi offers to keep the rent the same for the length of the current lease (probably 3 yrs) the Pawn Shop would have a better location, and a similar space and it would be to their advantage to make the move," Harris wrote in an email to city officials.

Harris also suggested that the city refund all monies the shop has paid as encouragement for them to move.

============================================
Pawnshop at center of heated debate
Updated: Mar 16, 2012 4:49 PM EST

Mike Paluska - email

KENNESAW, GA (CBS ATLANTA) -

Residents who live near Cruchelow Jewelry and Loan are angry at the city for allowing them to open the Mack Dobb Point shopping center, despite zoning laws.

Kennesaw Mayor Mark Mathews said the city was in violation of their own laws by granting the store a business license.

"A pretty major error on our part," Mathews said. "Just an oversight, we are stuck in the middle now and we are trying to figure out the best way to solve it."

Mathews said in order for the business to continue operating in the shopping center, they must apply for a rezoning permit.

"What it would require is the owner of the property applying for a rezoning, because it was zoned with stipulations, what they would do is have to file for a rezoning to remove those stipulations," Mathews said. "It takes about 45 to 60 days, that is one of the options. If the property owner chooses to do nothing, the business would be operating in violation of the ordinance and would have to close."

"I want the owner to stand by what he told us eight years ago," said concerned resident Bill Harris.

Harris worries if the pawn shop is allowed to remain open, it could lead to other businesses moving in.

"It's kind of a down market thing for the neighborhood, it is one of the things we wanted to exclude," Harris said. "If it goes to court and somebody challenges it and says they want to put an adult bookstore here they will say you already let a pawn shop in, why not an adult bookstore?"

Mathews said he understands Harris' frustration, but claims that would not be possible.

"Even though we had an oversight in this case, that is not normally the way we do business," Mathews said. "And having an adult bookstore open would not be possible, any of those types of businesses require special land use permits they have to have separate approval from the mayor and council rather than just get a business license."

Thursday, March 15, 2012

FYI: Marietta Daily Journal Article

Misc:  Both the ABC and CBS Stations in Atlanta have run segments on the issue and the Marietta Daily Journal and the internet site www.patch.com have articles on this.

Pawnshop has neighbors seeing red in Kennesaw
by Marcus E. Howard mhoward@mdjonline.com
March 15, 2012 12:24 AM |
Cruchelow Jewelry & Loan, which is located in the Mack Dobbs Point shopping complex at the corner of Cobb Parkway and Mack Dobbs Road, was recently granted a pawnshop license erroneously. <br> Photo by Jon-Michael Sullivan
Cruchelow Jewelry & Loan, which is located in the Mack Dobbs Point shopping complex at the corner of Cobb Parkway and Mack Dobbs Road, was recently granted a pawnshop license erroneously.
Photo by Jon-Michael Sullivan
slideshow
KENNESAW — Some Kennesaw residents are livid that the city allowed a pawnshop to open in a shopping center near their neighborhood, despite a 2004 agreement that would keep certain kinds of businesses out of the area.

Bill Harris said he and his neighbors in the Summer Stream subdivision off Mack Dobbs Road reached an agreement with the city in 2004 about what kinds of businesses would be allowed in a new shopping center next to their neighborhood.

But in September, city officials approved a business license for Cruchelow Jewelry & Loan in the Mack Dobbs Point shopping center on North Cobb Parkway at Mack Dobbs Road, exactly the type of business residents wanted kept out.

In his website devoted to the issue, www.kennesawpawnproblems.blogspot.com   Harris writes that he and other residents found out in the fall of 2004 about plans to rezone the 2.9-acre development from residential to business.

Meetings were organized with developer Celestino Venturi by nearby residents to stop the rezoning, but an agreement was eventually reached with city officials to prohibit certain types of businesses in the new development, such as adult bookstores, massage parlors and pawnshops.

“Residents concerns were at that point more towards just what would go on that parcel, which was next to the northern end of our development,” Harris wrote. “We had expressed our opinions to Mr. Venturi and some of us attended the October 4, 2004, Kennesaw City Council meeting where quite a lot of time was devoted to the zoning change. In fact, of the 33 pages of minutes of that meeting, 14 pages had to do with the zoning change.

“Mr. Venturi and his Marietta land use/zoning attorney Mr. Garvis Sams gave assurances that many types of undesirable businesses would not be built on this property. The assurances were both written and oral and were in great detail incorporated into the minutes of the meeting.”

According to minutes from the city council’s Sept. 19 meeting, city finance director Gina Auld recommended the City Council approve a pawn and precious metal license for Cruchelow Jewelry & Loan, submitted by John and Serena Cruchelow. Mayor Mark Mathews called for a vote on the application, which was approved unanimously, according to the minutes. The license was approved in December.

City officials acknowledge making a mistake in approving the license.

“It’s just one of those things that was an oversight by our zoning department, and we’re trying to work through it,” Mathews said Wednesday. “We’ve been in contact with (Bill Harris) multiple times, as well as the business owner and others. We’re trying to work through it as best we can and see what options are out there.”

City Manager Steve Kennedy said the city is evaluating options regarding the pawnshop, which opened this year.

“One would be to have them move,” he said. “Another one would be to do a temporary revision to the zoning stipulations from 2004, that would allow the pawn shop to be there for just this one time and any future applications would not be honored, and other combinations of suggestions.”

A tax service, a children’s consignment store, a nail spa, a battery store and an AT&T store occupy other storefronts in the shopping center

On March 8, Kennedy and city zoning administrator Darryl Simmons met with Harris to explain that the zoning approval to allow the pawn store was processed in error by the city’s planning and zoning staff. They said they would look into meeting with other area residents to answer questions and receive feedback regarding the matter.

A date for that meeting has not been set, according to the city.

“The worst answer for area residents is if they just give them a variance and allow them to remain,” Harris said. “The next business that wants to locate there and is blocked from doing it would then be able to say, correctly, ‘Well you gave them a variance to remain, and we want one also.’ So perhaps we end up with some adult book store or massage parlor because the city decided to let this pawn shop slide.”

Business owner John Cruchelow did not comment when questioned by the Journal about whether he knew of the prior agreement between residents and the city regarding the property.

Venturi, the developer, said he preferred to abstain from making any public comments until he meets with city officials to discuss future plans for his property.


Read more: The Marietta Daily Journal - Pawnshop has neighbors seeing red in Kennesaw

Monday, March 12, 2012

Area homeowners were blindsided by the Kennesaw City Council action

Misc: 52 Summer Stream residents and 4 living on Mack Dobbs will be getting a 2 page mailing about the zoning issue this Wed and Thurs.  Other info is available at:  http://jcruchelow.blogspot.com/

In the Fall of 2004 it became known that the 2.9 acre undeveloped lot at the corner of Cobb Parkway and Mack Dobbs, was under consideration for development. At that time the land had a residential usage zoning (City PUD) and the owner of that time a Mr. Celestino Venturi was trying to get the zoning changed to allow business usage (HGB - Highway General Business).
 
Interested parties in our 54 unit Summer Stream subdivision,  others from Summer Brooke and Cobb Pky, organized two meetings at the New Beginnings church which is just across Mack Dobbs from our subdivision.

When I learned of the protest meeting I looked up the lands owner, Mr. Celestino Venturi and informed him of the meeting and suggested he attend. He had interests in several upscale Marietta restaurants and also owned a strip mall on Cobb Parkway at Mars Hill Road in Acworth.

Mr. Venturi and about 25 residents attended and it was a good meeting with views exchanged. The general feeling was that something was going to be built there and it was almost certain that the zoning change would take place as scheduled.

Residents concerns were at that point more towards just what would go on that parcel, which was next to the northern end of our development. We had expressed our opinions to Mr. Venturi and some of us attended the October 4, 2004 Kennesaw City Council Meeting where quite a lot of time was devoted to the zoning change. In fact of the 33 pages of minutes of that meeting 14 pages had to do with the zoning change.

Mr. Venturi and his Marietta Land Use/Zoning attorney Mr. Garvis Sams gave assurances that many types of undesireable businesses would NOT be built on this property. The assurances were both written and oral and were in great detail incorporated into the minutes of the meeting. 

The area residents were pleased that both Mr. Venturi, lawyer Sams and the City Council were in agreement that a long list of disagreeable business types would be prohibited from using that property. 


One of the major concerns was that there would be no 'Pawn Shops' and this is specifically addressed in the meeting and the written assurances given.  
From Page 9 of the 2004 Council minutes:  ". . . Mr. Venturi has agreed to eliminate as a part of the otherwise permitted uses:  . . . Overnight travel trailer parks, pawn shops, private parks, recreation grounds, rooming houses and boarding houses . . ."

The property is now called 'Mack Dobbs Point' owned by Mack Dobbs Properties LLC, 630 Willeo Rd, Roswell 30075, (ie: Celestino Venturi) and in the fall of 2006 a 24,600 sq ft building with 16 store fronts was put up and opened for tenants in 2007. It was recently on the market for 3,350,000 with Cassidy Turley Commercial Real Estate Services.

Unfortunately in a Sept 19, 2011 City Council meeting, approval was given for a Pawn and Precious Metal License to be operated in this strip mall at 2953 North Cobb Parkway. The motion carried 5-0 and is now doing business at this site and in fact various City personnel attended the ribbon cutting and it was promoted on the City of Kennesaw web site.  Despite the fancy title, the business advertises itself both on the site and in advertising as a 'Pawn Shop'.



=========================================

Just in case anyone wondered (I did) if the purpose of the business was stated as Pawn Shop, I took some time out to review the 20+ pages of documents on file with the Kennesaw City Clerk. Cruchelow Jewelry and Loan was mentioned many times, but as you can see here, 'Pawn Shop' did get one mention on the 'Application For Occupational Tax Certificate', if you weren't paying attention you might easily miss it, but it was there one time.

 
Posted by Picasa
 
Posted by Picasa

Sunday, March 11, 2012

Area residents need to contact the City to make sure Zoning regulations will be enforced

The City admits that they made an error in allowing a Pawn Shop to be licensed in the Mack Dobbs strip mall.  Consideration is now being given to what can be done in this matter. 

I anticipate that the City will be in contact with area residents regarding this error, probably by a mailing and they will update residents as to the issue and solicit opinions from area residents as to what course of action would meet with general community approval.

It is extremely important that residents contact the City to express their concern about allowing businesses which are clearly excluded into this strip mall. We don't want to find massage parlors, adult book stores etc moving into this mall. The 2004 agreement must be enforced by the City. 

A message board has been set up to facilitate communications on the issue, take a look at:  http://kennesaw.proboards.com/index.cgi?  If only one or two residents bother to complain about this then probably the City will just give them a variance and nothing will happen, however, if enough people do protest then there is a possibility that something will actually be done and complaints about this may deter any future prohibited businesses from being allowed to rent in this strip mall.  So at the very least you should use the active links to email City officials to get some serious attention to the problem.

Probably on this coming Tuesday I will be writing to the residents in the Summer Stream development with some additional information and I expect to be able to enclose with that letter some comments giving the City view and possible courses of action which they and the City Council might take.

Both Mr. Kennedy and Mr. Simmons would be pleased to hear by mail or email from area residents who might wish to comment on the issue, and if you would like to write the address is:

Kennesaw City Hall
2529 J.O. Stephenson Ave.
Kennesaw, Ga. 30144


Mayor Mathews:
mmathews@kennesaw-ga.gov

5 Council members are:
bthrash@kennesaw-ga.gov
cwelsh@kennesaw-ga.gov
bjenkins@kennesaw-ga.gov
jduckett@kennesaw-ga.gov
tkillingsworth@kennesaw-ga.gov

City Manager Steve Kennedy

Planning/Zoning Administrator D. Simmons

Wednesday, March 7, 2012


Posted by Picasa



Posted by Picasa

City Council Meeting of 10/4/04

Pawn Shops were excluded from this strip mall at 2953 North Cobb Pkwy as per the 10/4/04 meeting.  Now in a Sept. 2011 Council meeting this Pawn Shop was approved.
Posted by Picasa
Cruchelow Jewelry & Loan occupies Space 1 and 2 of 16 spaces.
Posted by Picasa

Tuesday, March 6, 2012

MINUTES OF MAYOR & COUNCIL MEETING
CITY OF KENNESAW
Council Chambers

Monday, September 19, 2011

6:30 p.m.

CITY OF KENNESAW
Minutes 09/19/2011

XVI. FINANCE AND ADMINISTRATION (Councilmember Bill Thrash)
GINA AULD, Finance Director
A. Consideration to approve a Pawn and Precious Metal License for Cruchelow
Jewelry and Loan located at 2953 North Cobb Parkway, Kennesaw, GA 30152
by applicants John and Serena Cruchelow. Applicants have submitted a
complete application in accordance with Code Sec. 22-276. Fingerprint and
background check results are on file. Finance Director recommends approval.

FUNDING LINE: 100.0000.34.2310 Fingerprints $50.00.

Finance Director Gina Auld presented the application for a Pawn and Precious Metal License for Cruchelow Jewelry and Loan located at 2953 North Cobb Parkway by applicants John and Serena Cruchelow. The applicants were present but had no further comment.

Mayor Mathews called for a vote on the implied motion to approve the application for a Pawn and Precious Metal License for Cruchelow Jewelry and Loan located at 2953 North Cobb Parkway by applicants John and Serena Cruchelow.

Vote taken, approved unanimously, 5-0. Motion carried.

City Council Meeting 10-4-2004

(For a larger and easier to read image right click page and open link)




Posted by Picasa




Posted by Picasa




Posted by Picasa




Posted by Picasa