PLANNING AND ZONING COMMISSION
Meeting December 10th, 2003

Call to Order: The meeting was called to order by Chairman George Sipe at 7:37pm on December 10th, 2003 at 4035 South Berkeley Lake Road.

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

Citizens Present: 15

Variance Requests
• 4285 Dove Point (Lot 55, BA – Miramont): buffer exemption request to construct a fence in a 60’ non-disturb buffer where fencing is prohibited

Chairman Sipe said that the following application was not technically a variance request but it had been received before and was denied as the P and Z had been unable to grant such applications relating to the buffer. However since then, Council had passed Ordinance 39-1401.3, which enabled the commission to re-evaluate the application. He cited the ordinance:

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.

Originally the buffer had been added to protect the interests of the older residents of Berkeley Lake before the Miramont Subdivision had been added. The owner was asked to describe the circumstances leading up to his application and he did. He said the property owners behind him also had fencing behind their properties backing up to the buffer.

Commissioner Herb motioned that they accept the application for the buffer fencing exemption at 4285 Dove Point (Lot 55, BA – Miramont). Commissioner Moore seconded. There was no further discussion. Approval was unanimous.

Chairman Sipe stated that the City hereby accepts the fence had allowed the fence. However it is still on the original plat as a restriction and on the Deed Covenant and the city would not alter that. It did not stop any private action that other people could take.

• 333 Lakeshore Drive (Lot 15 – Berkeley Lake): variance to expand a non-conforming structure, including enclosure of porch and adding a pergola (39-602-1) and variance to build within side setback at 7’ vs. required 12.5’ (39-804-6)

The Commissioners discussed what was non-conforming and viewed pictures of the structures, which had already been built without variances. Mr. Label described the circumstances as to how this had happened. Chairman Sipe explained that the P and Z had to look at the variances as if they had not already been constructed.

Commissioner Moore motioned that they deny the variance 39-804-6 to build within the side setback for 333 Lakeshore Drive (Lot 15 – Berkeley Lake). Commissioner Herb seconded the motion.

In discussion Chairman Sipe read and explained the following:

39-1401 – 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.

There was discussion regarding any recommendations they would have and location of the septic tank.

There was no further discussion and the variance was denied.

Commissioner Moore motioned that they approve the variance 39-602-1 to enclose the porch for 333 Lakeshore Drive (Lot 15 – Berkeley Lake). Commissioner Herb seconded the motion.

There was discussion that this would not change significantly what was already there.

All were in favor to accept the variance application and the motion was approved unanimously.

Commissioner Moore motioned that they approve the variance 39-602-1 to add a pergola for 333 Lakeshore Drive (Lot 15 – Berkeley Lake). Commissioner Herb seconded the motion. There was no further discussion and all were in favor. The motion was unanimous.

Administrative Variances
Chairman Sipe identified four properties for the record, which he had granted administrative variances for:

• 26 Lakeshore Drive (Lot 47, Section 1 - Berkeley Lake): variance to extend a boathouse to a maximum distance of 27’ from the shoreline (vs. 25’; 39-401-2)
• 4304 Balmoral Glen Drive (Lot 32, BA - BC): variance to expand a non-conforming structure (39-602-1); expansion will be in full conformance
• 519 Lakeshore Drive (Lot10, Section 4- Berkeley lake): to expand a non-conforming structure
• 4355 South Berkeley lake Road (Lot 5, BA-BL): to extend the corner of a boathouse to 27” from the shoreline

Henderson Property
Chairman Sipe introduced Charles Dean who is interested in developing the sod farm currently owned by the Hendersons’. He informed Mr. Dean that the Council has recently passed a temporary development moratorium. He said it would probably not continue until February 28th, 2004 as stated. The purpose is to review the development regulations and other related ordinances for the City of Berkeley Lake in order to better serve the public health, safety and welfare of its citizens. He said that Mr. Dean could choose not to present anything as a result of this. He said the city cannot do anything officially in terms of considering a concept plan but they could discuss the general way the City works and what had been found acceptable in the past in order to help him.

Mr. Dean said that he wanted to present his plan to see if there were things to discuss on it. The committee looked at his plan.

Brit Kugler said he had introduced Mr. Dean to the Hendersons. He said it would add value to everything in Berkeley Lake as it would be the premier subdivision in this area, not just Berkeley Lake. Homes would be priced from $700,000 to $2 million. He described the property and how it would be seen from the lake area.

Mr. Dean showed how plots could look on smaller lots on a previously built sub-division. He described how the lots would meet city standards, and other features as well as the two-gated entrances.

Chairman Sipe discussed the lot sizes in relation to Gwinnett County’s code. He said the City would like to see it have not more 80 properties and discussed minimum lot size as well as attributes that could benefit Berkeley Lake.

There were questions about the view from South Berkeley Lake Road. There was much discussion about minimum lot size and the possible impact on Berkeley Lake.

Chairman Sipe said that once the preliminary plat was available there would be things that would need to be agreed to, which would include things to protect the vision everyone shares for the area, for example other buffers or restrictions to control what homeowners might want to do to their property at a later date.

Other limitations were discussed. Mr. Dean asked questions about minimum plot width too and he asked how quickly he could bring back an unofficial updated plan.

Chairman Sipe suggested that the commission could meet again before Christmas and a date would be discussed between everyone.

Other Business
Chairman Sipe suggested postponing electing the new Chairman to the next meeting as two commissioners were absent. It was suggested that they try to meet next week.

There being no further business the meeting was adjourned at 9:15 PM.