PLANNING AND ZONING COMMISSION
Meeting June 8th, 2004
Full Minutes

Call to Order: The meeting was called to order by Chairman Bob Herb at 7:30pm on June 8th, 2004 at City Hall.

Present: Commissioners Gary Moore, Craig Belt, Skip Johnson, Rodney Hammond and Chairman Bob Herb

Guests Present: Citizens- Waid and Phyllis Ingham. Jane and Charles Hardwick. Dudley and Martha Simpson. Pam Cote, Ray Bateman and Marvin Stringer. Charles Sewell (OEO), Bernie Cohen and Debbie Guthrie- Council members.

Old Business: Approval of Minutes from the May 24th meeting. The Minutes were approved by Commissioners Moore, Belt and Johnson. Commissioner Hammond abstained as he was not at the last meeting.

New Business
· 610 Hilltop Lane
Variance request was regarding 39-1203 Certificate of Occupancy required- Part 1. Chairman Herb read the text:

A Certificate of Occupancy issued by the Zoning Enforcement Officer is required in advance of use or occupancy of:

1. Any lot, or a change in the use thereof.

Chairman Herb said that this normally refers to when building work is completed. The boat house in this case is being temporarily used as sleeping quarters. The OEO has said that the boat house should not be used in this manner as it is a change in use. The Inghams were asked to explain the situation.

The Inghams said that they had their neighbors with them, and a letter representing another neighbor. They said they had had their house since 1980. Mr. Ingham said the boathouse had a bunk built into it for the previous owner to use for himself and for visitors to sleep in on rare occasions. They explained that their son is a recovering alcoholic, and is unable to drive until October 2006 because of a DUI conviction. He said he is doing well in his job. However, as they are in their 70’s, they have different interests to their son. In order to gain privacy for everyone, their son opted to sleep in the boat house. He said the boathouse has no running water and no kitchen facilities. He returns to the house to eat and shower both in the morning and in the evening. No other people go down there. He said he was sympathetic to concerns but would like an variance for him to stay there until October 2006 when he will be able to drive again. He is able to save money to help him later. He is quiet and no bother to the neighbors.

Mr. Ingham described the boathouse as one room with a bunk and a small porch. Mr. Ingham had used it as an office in the past. There is electricity, a TV and an AC unit for his use. He said that his son uses the bathroom in the house when possible but has a hospital type collection container if he needs to use it. There are no lights on the pathway.

Neighbors said that they rarely heard their son, and they had no objection to him being there. Charles Hardwick said that his main concern was how he got rid of his waste products. He said he did not believe that he would go up in the hill to the house in the middle of the night. He also asked that he not put his cigarette butts in the lake. Jane Hardwick said that the ordinances were being broken, and that precedence should not be set. No one should be allowed to live in a boathouse. She explained other options.

Dudley Simpson said he was sympathetic to the problem but he agreed it could set a precedence.

Chairman Herb read a letter from Sydney Dassinger (attached).
Chairman Herb said that there had been many questions about the variance request, and he pointed out that each variance request stands on its own. No precedence would be set as the reasons are unique as always.

The variance request was “to use the boat house as sleeping quarters”. Chairman Herb read the Chapter 39-1203 again:

Certificate of Occupancy Required
A Certificate of Occupancy issued by the Zoning Enforcement Officer is required in advance of use or occupancy of:
1. Any lot, or a change in the use thereof.
2. Any building hereafter erected or a change in the use of an existing building.
3. Any non-conforming use that is existing at the time of the enactment of this Ordinance or any amendments thereto, that is proposed to be changed, extended, altered or rebuilt. The Certificate of Occupancy shall state specifically wherein the non-conforming use fails to meet provisions of this Ordinance.

There was discussion as to how well this applied to this situation. Chairman Herb read the code that determines how variances can be granted:

39-1401 Variances - Application for, Procedure and Notification
1. All applications for variances shall be submitted initially, in writing, to the Planning Commission of the City of Berkeley Lake, which shall consider these requests at its next regularly scheduled meeting. The Planning Commission may authorize such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest. The spirit of the Zoning Ordinance shall be observed, the public safety, health and welfare secured and substantial justice done. Such variances may be granted in individual cases if the Planning commission finds that:
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 further discussion as to the violation, and whether there were grounds to grant a variance.. It was clarified that that there was no citation issued- just a warning notice to comply. There were questions as to whether other ordinances had been violated.

Commissioner Belt said he was sympathetic to the situation but he motioned to deny the variance request as the requirements for granting a variance did not exist. Commissioner Moore seconded the motion.

There were three votes in favor of denying the motion (Commissioners Belt, Hammond and Moore) and one against (Commissioner Johnson). The variance was denied.

The Inghams were advised that they could appeal the decision to the City Council.

OTHER NEW BUSINESS

There being no further New Business the meeting was adjourned at 8:30 PM.

The meeting was reopened at the request of Marvin Stringer, regarding the building of a kitchen in a basement area, which could become a rentable space. His appeal had been turned down by both P and Z and Council. He asked P and Z to come up with a way of seeing whether this could be possible as the intent was for personal use and not renting space. Chairman Herb reiterated that a ruling would not be made, merely a discussion of suggestions of possibilities.

Mr. Stringer explained his situation again. He wanted to have a second kitchen for canning purposes as well as for family cooking and entertainment, strictly for their own use.

Chairman Herb read where this is applicable currently in the code:

39-1202 Use Permit Required
No building or other structure shall be erected, moved, added to or structural altered without a Use Permit issued by the Zoning Enforcement Officer. This would not apply to ordinary maintenance and repairs to existing structures.

No Use Permit shall be issued except in conformance with the provisions of this Ordinance. The Planning Commission must approve compliance prior to issuance of any Use Permit in the following circumstances:

1. Construction in any residential district which partitions a dwelling into 2 or more non-interconnected spaces.
2. Construction in any residential district resulting in more than 1 kitchen in a dwelling or any kitchen in an accessory structure.

There was discussion regarding whether this would be possible without opening the door to apartments again. All the components for an apartment are already in place in this situation, which could enable a future owner to take advantage of it. The idea of the ordinance was to keep the R100 status of the community, which does not allow for apartments. Changing the current ordinance may not be possible to allow for such situations.

Chairman Herb asked if the Commissioners could think if there are further options to consider at a later date.

The meeting adjourned again at 9 pm.

Minutes passed on July 27th, 2004