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<br /> <br /> <br /> <br /> <br /> Honorable Russell S. Kokubun, <br /> Chairman, and Members <br /> Page 3 <br /> September 11, 1989 <br /> <br /> (1982). For example, where the rezoning is anticipated to cause <br /> increased traffic problems, it is reasonable to require that the <br /> owner contribute money or land for roadways or other actions to <br /> ameliorate those problems. Johnson y Glen, 246 Ga. 685, 273 <br /> S.E.2d 1 (1980). <br /> Because of this requirement of a reasonable relationship between <br /> the condition and the public health, safety, or welfare, <br /> conditions which are added on when an extension of time is <br /> granted should be limited to those relating to the reason for <br /> the extension. Otherwise, they could be challenged as being <br /> arbitrary or discriminatory. For example, assume that a <br /> rezoning ordinance had required, among other conditions, that <br /> the property owner build an access road and a drainage channel <br /> within one year after plan approval is granted. After one year, <br /> the owner has built the proper road, but needs another year to <br /> complete the channel. If the extension is granted, the council <br /> may impose new conditions on the channel construction which <br /> conditions are made necessary because of the time delay, but no <br /> new conditions may be imposed on the road. The road <br /> construction has already satisfied the valid requirement <br /> relating to public safety and welfare. A change in that <br /> requirement would be arbitrary and discriminatory. However, the <br /> channel requirement is unsatisfied. It may be changed to comply <br /> with the needs of public health, safety and welfare. <br /> Please contact this office should you have any questions. <br /> Very truly yours, <br /> <br /> RICHARD I. MIYAMOTO <br /> Corporation Counsel <br /> <br /> By <br /> FREDERICK GIANNINI <br /> Deputy Corporation Counsel <br /> <br /> <br /> FG:hc <br /> xc. Mayor's Read File <br />