CITY OF BERKELEY LAKE

PLANNING AND ZONING COMMISSION

Hearing January 29th 2002

Call to Order: Chairman George Sipe called the meeting to order at 7:32 on January 29th 2002 at City Hall.

Present: George Sipe, Skip Johnson Juan Armendariz, Bob Herb, and David Hanson

Citizens Present: 11

Agenda includes three variance requests, administrative variance reviews, election for Chairman for the year 2002 and proposals for Code changes.

Old Business: George Sipe began by asking if all approved the minutes from the last meeting. The minutes were unanimously approved.

600 Hilltop: To expand a non-conforming structure. This is a variance request to build within a front setback at 43 feet vs. 65 feet. Chairman Sipe presented drawings. The house is non-conforming because it is less than 65 feet from the edge of the road. The proposed garage will also be less than 65 feet from the edge of the road. The plans were reviewed and discussed. David Hanson motioned to disapprove the variance as requested. Skip Johnson seconded the motion. The motion failed. Juan Armendariz motioned to approve the Variance on the condition that the structure will not be closer to the road than the existing structure. Bob Herb seconded the motion. Chairman Sipe pointed out that this is a pie shaped lot, which causes the structure to be spread out more naturally because it is at the end of the cul-de-sac. There was much discussion. Chairman Sipe read the conditions in which any variance is considered:

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.

There was more discussion, which included concern about how large the structure will look from the lakeside. Chairman Sipe called the question that the variance be approved so long as the new structure not be any closer to the road than the existing structure. The variance was granted unanimously.

* Chairman Sipe reminded all those present that there is a 15-day period after a variance request is granted that any citizen can still come forward to contest this decision to City Council and then possibly be over turned.

4104 S Berkeley Lake Rd. – A variance to build within the side setback at a distance of 2 feet from the side lot line vs. the required 12.5 feet. There was no plat presented. A drawing was presented. There was much discussion. Neighbor Jim Fox stated that he felt that even though the garage would be attractive, he felt that it would be to close. David Hanson stated that he was appalled by the lack of documentation from a builder who has been before the P&Z many times, especially for such a large variance. The builder (Claude Murphy) stated that Charles Sewell was given this information. There was much discussion. This property was never advertised for a variance for the rear setback. This variance was advertised for the side setback. Chairman Sipe stated that they were not aware of the rear setback. Legally, all other issues aside, the Commission can not consider the variance at this time without posting for all the variances required to meet construction. David Hanson stated that the Ordinance is clear what type of documentation is required to request a variance and that the process should be respected.

There was much discussion about the possibility of considering the variance when documentation is presented. Chairman Sipe stated that even with the documentation, there still should to be a request for the variance for the rear setback so that the variances will be considered as a total package. The motion will then be to approve the set of variances for a single project. The variance request was postponed until the new variance could be advertised. A scale drawing was strongly suggested.

3375 Commons Gate Bend – A variance request to clear vegetation and install landscaping elements within Rear Buffers one and two as defined on the plat. Chairman Sipe explained that Berkeley Commons has three distinct Buffer areas with the third Buffer being the most restrictive. Absolutely no clearing, construction or planting should take place in Buffer area three. The Buffers number one and two are not undisturbed. Buffer one states that no buildings play equipment or any other item may be constructed or placed in Buffer area one. Dead or diseased may be removed and underbrush may be cleared. Buffer Two states the same as Buffer One except that Buffer One can be disturbed more during the building process. Third Buffer should remain undisturbed.

Chairman Sipe read from the Minutes of the December 19th 2000 P&Z meeting. At that time a variance request from 3315 Commons Gate Bend was approved. It was concluded that landscaping could be considered in Buffer Zones one and two. Much discussion followed. It was suggested that the Berkeley Commons Homeowners Assoc. request changes to the buffer areas as one organization. Chairman Sipe stated that in the interim it would be a good idea for the P&Z to establish some consistent guidelines for now and in going forward. A Motion was made to approve this variance to permit landscaping through the first and into the second Buffer to a maximum of one third of the area of the second Buffer so long as the value of the landscaping is represented 50% in trees within the second Buffer. Three votes were made in favor of the motion. David Hanson abstained. This motion will be a guideline to be used in future decisions made by this Commission.

Chairman Sipe stated that two Administrative Variances have been approved. They are as follows:

108 Lakeshore Drive – To expand a nonconforming structure. This request was to expand in a direction, which would not in any way accentuate the aspects of nonconformance.

66 Lakeshore Drive – To expand a nonconforming structure. This request also was to expand in a direction, which would not in any way accentuate the aspects of nonconformance.

The Commissioners nominated and voted to reelect Chairman Sipe as Chairman for the year 2002.

The Commission unanimously voted to place on First Read the changes made to the Code of Ordinances. The changes are attached to these minutes.

The meeting adjourned at 9:15 PM