PLANNING AND ZONING COMMISSION
Meeting January 23rd, 2003
Call to Order: The meeting was called to order by Chairman George Sipe at 7:32 on January 23rd 2003 at City Hall.
Present: Commissioner Gary Moore, Commissioner Bob Herb
Guests Present: Craig Belt, Laura Sipe, Joe Voyles, Richard Potts, and Michael Oh

Old Business: Approval of Minutes from the December 10th 2002 meeting. Chairman Sipe stated that the Minutes were approved as given.
39-1401 – Variance Guidelines-Chairman Sipe read and explained the following:
Variance Guidelines: For a Variance to be granted each one of the following should to be true: 1. There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape, or topography. 2. The application of the Ordinance to this particular piece of property would create an unnecessary hardship to the owner of the property. 3. Such conditions are peculiar to the piece of property involved and such conditions are not the result of the individual property owner. 4. If granted, the Variance would not cause substantial detriment to the public nor impair the purposes or intent of this Ordinance. 5. The Variance is granted for use of land or structure that is not prohibited by this Ordinance.
Chairman Sipe also explained that regardless of the decision on the variance request by the P&Z; the decision is subject to appeal by anyone for a period of 15 days.

326 Lakeshore Drive – The request is for a front setback variance of 45 feet rather than the standard of 65 feet. There is an existing structure located at that 45 foot set back, which is currently non-conforming and the desire is to remove that structure and create a new one. If a new structure were put back in a non-conforming way then it requires a variance otherwise it would have to comply with the 65 foot set back. Michael explained that the land is such that if you did not utilize some of the front set back there would not be enough room to build. The existing building is over 50 years old. There is one section that is a little newer. The neighbors are a little closer to the street than this existing building. Chairman Sipe explained that this house is on a curve where the lake somewhat wraps around the house. What is requested is only one area that will need the 45-foot set back on the front. As drawn the structure would be compliant in all other areas. He further explained that the intent of the front set back requirement is so that the structure is not imposing on the street. Commissioner Herb asked about the height of the structure. Michael stated that he would be in compliance with the 45ft. height in the back and the 35ft. height in the front. This is a sloping sight from the street. Chairman Sipe explained that the height becomes important when the structure imposes on the front set back because this is what makes the structure even more imposing on the street, however due to the fact that this is a downward sloping lot it becomes less of an issue.
Commissioner Herb motioned to approve the request. Commissioner Moore seconded the motion. There was more discussion about the imposition of the structure on the street. The motion to approve the request passed unanimously. The variance was granted subject to the 15-day period for appeals.

472 Lakeshore Drive – variance to expand a nonconforming structure, variance to build within the front setback at 59.5' vs. required 65', variance to build within the side setback at 5' vs. required 12.5'.
Currently non-conforming (including the overhangs, which do count) as follows: It is non-conforming on both side setbacks; it is 1.4 ft. from one side and 6 feet from the other side. It is conforming in the front setback but is not conforming at the building line. The lot is supposed to be 100 feet and this is 75 feet. The request is to change a non-conforming structure and to leave the side that is 1.4 feet the same but change the other side, which is currently 6 feet from the side setback to 5 feet, which will encroach the side setback by an additional 1 foot. The code requirement is 12.5 feet. The commissioners asked many questions and there was much discussion. Joe Voyles explained the plans and answered questions asked by the commissioners. Chairman Sipe stated that his concern is that this is already a big house on a small lot and it is already very close to the sides. “Usually we look for more than 12.5 feet on the sides it is just that 12.5 is the limit. This one exceeds that in both cases quite significantly. The front setback is not an issue. The house is sloped down from the road and moving it a few feet forward is not an issue. There are many reasons to try to keep the side setbacks at 12.5 feet, which even include fire safety and views of the lake.” There was passing discussion about whether the house would cover more than 15% of the ground. This would be ok but would require another variance. The problem here is the width of the house…if it was expanding toward the street or the lake it would not be as much of a problem. It would be good if there could be changes to the plan to address some of these concerns about the massive size of the width.
Commissioner Herb motioned to postpone the hearing pending new drawings that would make the structure more conforming. Chairman Sipe explained that would give time to work with the architect in order to address some of the concerns. Then Mr. Potts can come back sooner than waiting the three weeks to advertise and post. The motion to postpone was seconded by Commissioner Moore. There was more discussion along with explanations and suggestions, which included a suggestion for a stand-alone studio. The Commissioners vote to postpone was unanimous. The postponed hearing will be heard on February 11th 2003.

OTHER NEW BUSINESS
Election of Chairman of the Planning and Zoning Commission - Chairman Sipe explained that the Board of Commissioners each January elects the Chairman for one year. Commissioner Herb nominated Chairman Sipe to serve another year. Chairman Sipe further explained that he has gone on record that he will be running for City Council in the fall and therefore potentially could not full-fill the entire term as Chairman of the P&Z. The vote was unanimous for Chairman Sipe to serve as Chairman for another year.
There being no further New Business the meeting was adjourned at 8:32PM.