PLANNING AND ZONING COMMISSION

Meeting February 11th, 2003

Call to Order: The meeting was called to order by Chairman George Sipe at 7:35 on February 11th 2003 at City Hall.

Present: Commissioners Gary Moore, Bob Herb, Skip Johnson and Commission Chairman George Sipe

Guests Present: Craig Belt, Joe Voyles, and Richard Potts

Old Business: Approval of Minutes from the January 23rd meeting. Chairman Sipe stated that the Minutes were approved as corrected.

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.

266 Lakeshore Drive - postponed

472 Lakeshore Drive - Richard Potts and Joe Voyles presented the changes made to the plans in order to make the structure more conforming. There were many questions asked and much discussion during this time. The original variance request is to expand a nonconforming structure and a 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'. Last month the Commissioners had suggested to remove the carport in order to make the structure closer to conforming on one side. Chairman Sipe explained that one of the intentions in the Code is to move things in the direction of conforming. Commissioner Bob Herb motioned to approve the new drawings. Commissioner Gary Moore seconded the motion. There was much discussion. The possibility exists that some of the changes could mean that the structure could be closer than the variance requested for the front setback at 59.5'. The variance was unanimously approved.

Chairman Sipe stated that he would be letting the commissioners know when there would be a reschedule for the 266 Lakeshore variance. Commissioner Skip Johnson discussed the maximum height of a structure from the ground and the amount of square feet allowed for a structure on a lot on Berkeley Lake. Commissioner Johnson will be thinking of ways to code this possibility in all circumstances and will be prepared to make suggestions at the next P&Z meeting. The meeting was adjourned at 8:05 PM