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ATLANTA BD. OF ZONING ADJUSTMENT v. KELLY

No. A99A1436.

520 S.E.2d 269 (1999)

238 Ga. App. 799

CITY OF ATLANTA BOARD OF ZONING ADJUSTMENT et al. v. KELLY.

Court of Appeals of Georgia.

June 30, 1999.

Attorney(s) appearing for the Case

David D. Blum, Lemuel H. Ward, Atlanta, Michael H. Hilliard, East Point, for appellants.

Powell, Goldstein, Frazer & Murphy, Tracy M. Culver, Atlanta, Carl E. Westmoreland, Jr., Macon, Kirwan, Parks, Chesin & Miller, Larry Chesin, Atlanta, for appellee.

HAROLD R. BANKE, Senior Appellate Judge.

The City of Atlanta Board of Zoning Adjustment and its members (collectively "BZA") appeal the entry of default judgment which reversed the BZA's denial of a variance to homeowner Scott Kelly.

The underlying case arose after Kelly commenced work on a construction project involving a new carport and breezeway, which encroached beyond the required rear and side yard setbacks. Although the applicable zoning ordinance mandated...

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