PLANNING AND ZONING COMMISSION
Meeting May 20th, 2003

Call to Order: The meeting was called to order by Chairman George Sipe at 7:36 on May 20th, 2003 at City Hall.

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

Guests Present: Tom Peters, Jonathon Waters, and Laura Sipe

Old Business: Approval of Minutes from April 15th meeting. Chairman Sipe stated that the Minutes were approved as corrected.

61 & 63 Lakeshore Drive - At 61 Lakeshore Drive the variance request is to the lot depth. Normally the ordinance requires a minimum lot depth of 200 feet and this lot is 164 feet. Additionally a variance is requested for the minimum lot area to be 17,282 square feet. Vs. the current required 28,050 square feet. for the lot area. At 63 Lakeshore Drive the variance is to the lot depth from the required 200 feet to 184 feet. A variance to the lot area from the required 28,050 square feet to 21,804 square feet and a variance of the lot width at the building line to 84 feet vs. the required 100 feet. Tom Peters described the plans for the lots. He stated that what he plans to build is something that would certainly fit into the Berkeley Lake community. There will be as little tree removal as possible. He further stated that when the developer laid out his original plans, these were meant to be building lots. The lots are bigger than some of the adjoining lots. There was much discussion and many questions were asked. The purpose of variances are to make exceptions when the “one-size-fits-all” nature of the ordinances doesn’t fit a specific circumstance. The P& Z has to consider a variance in the context of six rules all which have to be true…

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.

Commissioner Bob Herb motioned to approve the variances on both 61 Lakeshore and 63 Lakeshore Commissioner Hanson seconded the motion and approval was unanimous.

Commission Chairman Sipe reminded everyone that all variances are subject to appeal to City Council for a period of 15 days.

Changes to the Home Occupation Ordinance

Chairman Sipe stated that at the last Council meeting there were requests for additional changes to the Home Occupation Ordinance. The new changes were presented. Chairman Sipe asked for a motion to accept the changes made by Council.

Commissioner Herb motioned to accept the changes. Commissioner Moore seconded the motion and approval was unanimous.

Commission Chairman Sipe discussed the exemptions in 39-811.2. In the first part we are saying that a citizen can not have businesses in the home that involves people coming to the house. In the exemptions part we are making an exception for the delivery of services where people would come to the house. That brings up the issues of where they park and just how often might the homeowner have a steady stream of people seven days a week and a different car every 30 minutes. At what time would this become excessive? As it currently stands it reads that no more than four clients per day not to exceed sixteen total in any seven-day period. Does that accomplish the goal in the first paragraph of the Ordinance which reads: It is the intent of these regulations to insure that a home occupation as an accessory use is so located and conducted that the average neighbor under normal circumstances would not be aware of its existence. These standards for home occupations are intended to insure compatibility with other permitted uses, which are residential uses.

Chairman Sipe further stated that once you move into the area of limited commercial or business use and have any significant traffic coming to the home, you are in danger of having crossed that line. There was discussion among the commissioners. The following questions were discussed: Are we over regulating? Is four clients per day too many? Could this be enforced? Could the statement be less specific?

Commission Chairman Sipe stated that changes to the above wording could say, “only occasional and incidental client visits.” Leave it no more specific than that.

Commissioner Johnson motioned to accept the proposed new wording. Commissioner Herb seconded the motion and approval was unanimous.

There being no further business the meeting was adjourned at 8:15 PM.