Property Owner Seeks Rezoning for Kennesaw Pawn Shop

After a 30-minute executive session behind closed doors with their legal counsel, the was unable to make a decision Monday on a controversial pawn shop that opened in the Mack Dobbs Point strip mall this year despite

owners John and Serena Cruchelow were in attendance at a public meeting for the first time and were represented by attorney Michael Pryor.

"The Cruchelows believe they have done everything they needed to do to obtain a business license," said Pryor, who also acknowledged that the property landlord, Celestino Venturi, has applied for rezoning that would allow the pawn shop to operate on his property.

The first of two hearings on that rezoning request for the Mack Dobbs Point strip mall will probably take place May 3, followed by a final meeting during the May 7 council meeting, said Mayor Mark Mathews.

"My clients want to be in compliance with state law and are willing to take down their 'loan' sign as soon as possible," said Pryor in addressing the council. "They don't have a problem with that."

While by approving the business license, Mathews for having used the term "loan" instead of "pawn," in violation of state law.

According to Georgia code section 44-12-138, pawnbrokers "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."

But City Council members ultimately decided they had no jurisdiction to enforce the state law.

John Cruchelow addressed the council for the first time, stating he wasn't trying to deceive the city by putting a pawn shop where it was not allowed. "I was just trying to open up a business and support my wife, that's all," said Cruchelow.

Some nearby neighbors were not happy with the outcome of Monday's meeting.

"We're ticked off," said a Summer Stream homeowner who did not wish to be identified but has lived in the neighborhood since it opened in 2001. "The pawn shop doesn't belong there. It was in the 2004 ordinance."

Representatives from both the Summer Brooke and Summer Stream subdivisions asked the council to rescind the business license of the pawn shop, citing petitions with signatures from the majority of homeowners. They asked city officials to enforce the zoning that's in place and correct their mistake in approving the Cruchelows' business license.

"We're doing everything legally and by the book," said Mathews in response to some heated public comments at the end of the meeting.

"This has all been a very serious and unfortunate mistake on our part in approving this business license," Mathews said. "We're not going to be able to make everyone happy, and that's very unfortunate."