MARIETTA - The owner of the Manget at Historic Marietta development wants permission to build seven attached townhomes in place of a proposed 10-unit condo building.

But before the City Council grants that request, the owner will have to fix some problems in the development, such as where developers built onto city right-of-way.

The 6.75-acre first phase of what would ultimately have been an $87.6 million development was the only phase that got off the ground before the recession hit, said Brian Binzer, the city's development services director. The development currently has an empty eight-unit condo building, 12 single-family detached homes and 14 attached town homes developed by Cumming-based Hedgewood Homes. In September 2008, the property was foreclosed on and BB&T gained control of the property from Hedgewood.

On Wednesday, Mitch Paulk, with Land Engineering, Inc., asked on behalf of BB&T for permission to build seven attached townhomes in place of where a 10-unit condo building was approved to go.

The bank also wants the city to approve the final plan on the existing eight-unit condo building to allow for the sale of those units to move forward.

Most of the problems the city has with the development pertain to how four of the single-family homes on Frasier Street were built. By building them too close to the road, the steps leading from the raised homes down to the sidewalk extend onto city right of way, in some cases by three to four feet, Binzer said.

Builders also failed to leave a strip of grass between the curb and sidewalk for the planting of trees, making it difficult to comply with the canopy effect approved in the landscaping plan. Binzer said when the homes were built in early 2007, the city did not require individual site plans, a policy that has since been changed.

Mayor Steve Tumlin said he supports the request to build town homes in place of a condo building.

"I always like less density," Tumlin said.

"Going from 10 condos to seven single family dwellings is a plus. I think they'll be good for the neighborhood and the city, and I think they're sellable," he said.

But the bank is going to have to fix where the builders built onto city right of way, he said.

"In a way, they owe us for a piece of property. They built upon the city's property," Tumlin said.

The city will have to work out an agreement that may involve trading some property, he said.

"Just turning our head is not a viable option," Tumlin said.

Staff was directed to negotiate with Paulk a plan of correction and bring it back to the council's March 8 meeting.