PLANNING AND ZONING COMMISSION
Meeting April 12th, 2005
Full Minutes

Call to Order: The meeting was called to order by Chairman Bob Herb at 7:33pm on April 12th at 4040 S. Berkeley Lake Road.

• 4043S. Berkeley Lake Rd ( Chapel – B): Variance to build a gazebo within the rear setback at a distance of 31 ft vs. required 40 ft setback from the lake. (39-804-5)

Theresa Sipe described the proposed gazebo for the chapel which will be built and funded by Boy Scout Greg Roberts. She requested it be located 33 ft (not 31ft as originally requested) which would encroach 7 ft into the set back.

Herb read the requirements for approval of a variance.

39-1401 Variances - Application for, Procedure and Notification
a. There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography, and
b. The application of the Ordinance to this particular piece of property would create an unnecessary hardship, and
c. Such conditions are peculiar to the particular piece of property involved, and
d. Such conditions are not the result of any actions of the property owner, and
e. Relief, if granted, would not cause substantial detriment to the public nor impair the purposes or intent of this Ordinance, and
f. The variance is granted for a use of land or building or structure that is not prohibited by this Ordinance.

There was discussion as to the reason for the location of the gazebo in relation to the driveways and the boat ramp, and which would also require less removal of trees. The 40ft set back was originally designed to keep a view of the lake and this would not change that. Sipe provided a plat of chapel property to prove it is on Chapel property and not on the FPR Property.

Commissioner Johnson motioned to approve the variance as requested. Commissioner Hammond seconded the motion.

In discussion Commissioner Moore motioned to amend the motion so that no permanently installed electricity would be allowed in the gazebo.

Commissioner Belt seconded the motion. All were in favor of the motion and the Variance was approved.

• The River District at Berkeley Lake: consider modification to final development plat to allow homes to be built at a height greater than 35 ft and to consider change in layout of amenity area.

Geary and Adams described four examples of designs and architectural styles of the 35 homes that will be built in the village area. They said their intent is to keep them looking like they have low roofs but as 3 ft is required for a chimney stack and they would like to get space in attics, they would like them to be higher than the ordinance allows. They described the heights of the homes which would be a maximum of 35 feet. There was discussion that the original purpose of ordinance was to stop a wall of roofs around the lake. The downward view will make the homes look smaller too.

Commissioner Johnson motioned to approve for the Village Lots a Maximum of 42 feet to the highest point of the structure (including the chimney), measured at the front; not to exceed 52 feet, measured at the rear, on a downward sloping lot on the village lots. Commissioner Belt seconded the motion.

There was discussion and clarification as to how the maximum heights are measured.

All were in favor of the motion and the motion passed.

Dean asked that the homes on the ridge also have a modification of height on the final plat. He asked that they could be built at 42ft on the high side and 52 ft on the lower side. He said that the houses would be set back along way from road as they are estate lots with more acreage they would be as far as 200ft from the road. He said when the foliage is there, they would be harder to see too.

Commissioner Johnson motioned to amend the final plat, so the homes on the ridge would be a maximum of 42 feet to the highest point of the structure, measured from the highest finished ground level of a sloping lot and not to exceed 52 feet measured from the lowest finished ground level of a sloping lot. Commissioner Belt seconded the motion. Commissioners Belt, Johnson and Moore voted in favor of the motion, Commissioner Hammond voted against as he had not had time to consider this request. The motion passed.

There was also some discussion regarding the temporary for sale sign to be erected forthe roadside but it was not considered a P and Z issue. The change in layout of amenity area was also considered to be a County requirement and not a City issue.

Dean was advised to bring the revised plat with the new elevations to the Council meeting on April 21st for their review.

• Ordinance 39-807 Driveway grates
Chairman Herb said that the issue had arisen because the ordinance requires “driveways sloping towards a road shall be equipped with a grate, the size to be determined by the Zoning Enforcement Officer, but it shall be no less than 4". This is not always necessary due to curb and gutters for example. There was discussion regarding the purpose of driveway grates, the use of curb and gutter to prevent shoulder erosion, and curb and drain grates to stop water run-off into the road. All of new subdivisions do not require grates in driveways because of the curb and gutters. The ordinance was originally intended to protect run off near the lake.

There was further discussion as to defining when to require a grate and what type, including the Steepness of driveway, curve and whether it has curb and gutter. The idea is to avoid and discourage a sheet of water across the road. Commissioner Moore agreed to write a new draft version of this section of the ordinance to clarify it.

• Chairman Herb noted that he had granted 6 administrative variances since the last meeting, the details of which will be attached to the minutes.

• Chairman Herb noted that since the last meeting, Commissioner Belt had been re-elected to serve 5 years which would run from 1.1.2005 to 1.1.2009. He was originally serving out the term of another commissioner who had resigned.

• Chairman Herb suggested the next meeting would be on May 17th due to a variance request and he described the variance request briefly.

Commissioner Johnson motioned to adjourn the meeting at 8:50 pm, Commissioner Hammond seconded the motion and all were in favor.

Respectfully submitted by Jackie Wall, P and Z Clerk, and approved on May 17th, 2005.

Administrative Variances Granted since Nov 22 Meeting.

• 142 Lakeshore Drive (Lot 4, Section 5 - Berkeley Lake): variance to expand a non-conforming structure (39-602-1); expansion will be in full conformance

• 210 Lakeshore Drive (Lot 15, Section 5 - Berkeley Lake): variance to expand a non-conforming structure (39-602-1); expansion will be in full conformance

• 630 Lakeshore Drive (Lot 89, 90, 91 – Berkeley Lake): variance to expand a non-conforming structure (39-602-1); expansion will be in full conformance.

Dec 28, 04

• 806 Lakeshore Drive (Lot 15, Section 3 - Berkeley Lake, DC ): variance to expand a non-conforming structure (39-602-1); expansion to replace a rear wood deck will be in full conformance
Jan 17, 05

• 778 Lakeview Lane ( Lot 20 & PT 21, Sec. 3 ): variance to expand a non-conforming structure (39-602-1); expansion to add a roof over the rear deck will be in full conformance
Jan 31, 05

• 514 Lakeshore Drive( Lot 60 & PT Lot 61): variance to expand a non-conforming structure (39-602-1); enclosing center area of rear lower and upper decks which will be in full conformance.
Mar 3, 05