PLANNING AND ZONING COMMISSION
Meeting August 13th, 2003

Call to Order: The meeting was called to order by Chairman George Sipe at 7:34 on August 13th, 2003 at City Hall.

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

Guests Present: Brian and Deborah Smay, Keith and Tyler Willing

Old Business: Approval of Minutes from May 20th meeting. Chairman Sipe stated that the Minutes were approved as corrected.

New Business
Variance request -14 Lakeshore Drive.
The request is 2 variances. One is to expand a non-conforming structure and the second is a variance of a side setback from a currently non-conforming 11 feet 9 inches to 8 feet from the standard side setback of 12 and a half feet. Chairman Sipe explained to the Smays why it is called a ‘non-conforming’ structure according to code. He asked them to explain their situation so the hearing is clear as to what is being requested. The house does not have a car port and they’d like to add one. The Commissioners asked questions and reviewed plans provided.

Commissioner Herb motioned that they accept the application for both variances on 14 Lakeshore Drive. Commissioner Hanson seconded. There was no further discussion. Approval was unanimous.

Chairman Sipe explained that there is a 15 day appeal period then it is ok to go ahead with the work. The variance sign can be removed. The Smays’ thanked the committee and left.

Buffer fencing exemptions
Chairman Sipe explained that this exemption refers back to a variance case heard from Miramont for Mr. Holiday. P & Z could not grant an exemption because it was not supported in the code. This is to add to the code so the P & Z can treat that kind of request just as they handle a variance. It won’t be called a variance but the exact same process would be followed ie. advertise, public notice, open hearing, can be appealed to city council etc. It was not reasonable to make it broader as it would have to encompass too much more. It purely covers fencing within buffers. The city would not pursue an owner if they built a fence in a buffer zone and obtained this exemption, but that does not say that their neighbors, for example, could not pursue it. Deeds could be changed, but that would take more time to do legally and is outside the purviews of the city.

39-1401.3 Buffer Fencing Exemptions
The Planning Commission may grant exemptions to buffer fencing restrictions when they find those restrictions no longer serve their original purpose. The procedural process defined for variances and appeals shall be followed for public notification and consideration.

When such exemptions are granted, conditions on construction, materials, fence height, transparency, and other attributes may be set. All other buffer restrictions must continue to be met or the buffer fencing exemption shall be vacated.

Buffer restrictions formally remain as they appear on the plat and property title. Buffer fencing exemptions apply only to action by the city and do not preclude action by other property owners.

This is currently on first read. Motion to approve text by Commissioner Herb and seconded by Commissioner Johnson. Unanimous decision in favor as read.

There are no future meeting dates scheduled at this time.

There being no further business the meeting was adjourned at 7:56 PM.