PLANNING AND ZONING COMMISSION

Hearing April 16th 2002

Call to Order: Chairman George Sipe called the meeting to order at 7:38 on April 16th 2002 at City Hall

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

Citizens Present: 4

Old Business: George Sipe began by asking if all approved the minutes from the last meeting. The minutes were unanimously approved as corrected. There was no other old business.

New Business

Agenda: Includes one variance request as follows:

75 Lakeshore Drive – Variance request by Tevis and Julie Stein to add a garage to a conforming structure at 8ft from the side set back vs. 12.5 Ft. Mr. Stein presented drawings of the house and proposed garage. He explained other changes being made to the house that are conforming. Mr. Stein presented a plat showing the lot size and dimensions. The request is to build a two car garage. To build to the other side would require a change to the septic tanks and the main structure of the existing house. The commissioners asked many questions about the location of the driveway and house directly next to the proposed garage. There were questions asked about the overhang of the garage roof. Chairman Sipe state that the approval of the variance must include the overhang of the roof. Commissioner Herb motioned to approve the request. Commissioner Armendariz seconded the motion. Chairman Sipe stated that he investigated the minimum required for a parking space. The minimum width is 9ft. It would seem that 18ft. is an absolute minimum for an indoor parking area with walls etc. Commissioner Hanson asked if the variance was enough to accommodate a sufficient overhang. The relevance to the next-door neighbor was discussed and decided that due to the grading, the structure would not be particularly onerous to the neighbor. There was no further discussion and the variance was unanimously granted.

* 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.

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.

Other New Business:

Chairman Sipe presented the changes to Chapter 39 which were approved by Council at the March Council meeting. The definition of family, overcrowding, apartments in the City, etc. had been discussed by Council for the past few months. Chairman Sipe was asked to put his proposals into Ordinance form and present to Council. It is now on First Read. These proposals must be read and approved by the P&Z in order to proceed to the Public Hearing and Second Read at the April 18th Council meeting. There are two sets of Ordinances to be discussed. The first set is currently on first read. Chairman Sipe read and explained the following definitions and changes:

XXX" marks deletions, "-->" marks insertions.

39-103  Definitions

XXX q. Family:  One or more persons living as a single housekeeping
XXX    unit.  The term "family" does not include any organization
XXX    or institutional group.

--> q. Family:  One or more persons living as a single housekeeping
-->    unit and in a single living space.  The term "family" does
   not include any organization or institutional group.

REASON: To reinforce that a single family occupies a single living
space.

39-201  Establishment of Zoning Districts

For the purposes of this Ordinance, the incorporated area of
the City of Berkeley Lake, Georgia, may be divided into Zoning
Districts designated as follows:

R-100   Single Family Residential
--> RMD Residential Multifamily Duplexes
RA-101  Residential Agricultural
M-1     Light Industrial
C-1     Neighborhood Business
O-I     Office-Institutional

-----------------------------------------------------------------------------

--> 39-810 Residential Multifamily Duplexes
-->
--> This zoning district is intended to provide a mixed residential
--> area for both single family and duplex use.  Minimum acreage 10.
-->
--> Within the RMD multifamily residence district, the following
--> uses are permitted:
-->
--> a. Residential structures designed for one or two family
-->    occupancy.
-->
--> b. No more than one duplex may be constructed on each lot
-->    of record.
-->
--> c. To partially offset the greater density of development,
-->    the minimum lot area and minimum floor space for duplexes is
-->    50% larger than that required for single family structures.
-->
--> d. Except as stated above, RMD shall otherwise include all
-->    provisions of the R-100 zoning district.

REASON: To provide a zoning district for future use which permits
structures that may be occupied by two families.

N.B.    39-103-k defines "Duplex" as "A residential structure designed
for two family occupancy."

-----------------------------------------------------------------------------

39-703  Minimum Number of Off-Street Parking Spaces Required

XXX 6. Residences - Two spaces for each dwelling unit.

--> 6. Residences - One space for each vehicle present at the
-->    residence which is operated by the family or two, whichever
-->    is greater.
  
REASON: To insure adequate off-street parking is available for all
vehicles based at a residential location.

-----------------------------------------------------------------------------

39-804  Area, Yard Coverage, Height and Supplementary Regulations

XXX The following area, yard coverage, height and supplementary
XXX regulations apply to R-100 Single Family Residence Use Districts,
XXX except that lot depth and lot area shall not apply to any lots
XXX adjoining Lake Berkeley due to the topography and shape of
XXX said lots.

--> The following area, yard coverage, height and supplementary
--> regulations apply to R-100 Single Family Residence Use Districts,
--> except that due to the topography and shape of lots adjoining
--> Lake Berkeley, lot depth and lot area shall not apply while
--> building setbacks specified as distances from property lines
--> shall additionally apply to the natural shoreline of said lots.

5. Building Setback (Rear)  Minimum  40 feet from any point of rear
                                     lot line(s)
XXX      or natural shoreline of Lake
XXX                                      Berkeley

REASON: To clarify the current intent of the setback and to apply it
as the side as well as rear setback where applicable.

-----------------------------------------------------------------------------

XXX 39-806  County Septic Application
XXX
XXX The Zoning Enforcement Officer shall determine the number of bedrooms
XXX for the County septic application.

39-806  Overcrowding

Dwellings shall not be occupied by more occupants than supported
by the structure and septic system, if any.  Minimum requirements
are as follows:

1.  Bedroom space must be available for each occupant and may
    not be a kitchen, bathroom, toilet room, laundry, closet,
    hall, garage, storage, utility or similar area.

2.  Every bedroom occupied by one occupant shall contain at
    least 80 square feet of floor area and every bedroom occupied
    by more than one occupant shall contain at least 60 square
    feet of floor area for each occupant thereof.  There must
    be one or more attached, permanent closets accessible from
    within each bedroom totaling not less than 5 square feet
    of floor area for each occupant thereof.  Floor area to be
    considered must have a ceiling height of not less than 7 feet.

3.  There must be no less than 1 bathroom or toilet room for
    every 3 occupants.

REASON: Deletion recognizes the county/state's role in determining
bedrooms for purposes of septic system sizing.  Addition
protects the City's interest in health, safety, and proper
uses of residential districts.

-----------------------------------------------------------------------------

39-1202  Use Permit Required

No building or other structure shall be erected, moved, added to
or structural altered without a Use Permit issued by the Zoning
Enforcement Officer.  This would not apply to ordinary maintenance
and repairs to existing structures.
XXX No Use Permit shall be issued except in conformance with the
XXX provisions of this Ordinance.

--> No Use Permit shall be issued except in conformance with the
--> provisions of this Ordinance.  The Planning Commission must
--> confirm compliance prior to issuance of any Use Permit in the
--> following circumstances:
-->
--> 1. Construction in any residential district which partitions
-->    a dwelling into 2 or more non-interconnected spaces.
-->
--> 2. Construction in any residential district resulting in more
-->    than 1 kitchen in a dwelling or any kitchen in an accessory
-->    structure.

REASON: To insure acceptable use compliance in single family residential
districts.  N.B. 39-103-n defines "Dwelling, single family"
specifically as "A building DESIGNED FOR or OCCUPIED exclusively
by one family."

Discussion

Many questions were asked by the Commissioners about Chapter 39-804- building setbacks. Chairman Sipe suggested that the P&Z define the word Shoreline and or Natural Shoreline. There were many questions asked about Chapter 39-806 with the following results: Commissioner Armendariz stated for the record that sewer and water systems in the United States are designed and based on land use and population. Chairman Sipe stated that while Commissioner Armendariz is correct, there is a procedural matter in Gwinnett County where the authority which approves septic systems, bases the size only on the number of bedrooms in a structure. Commissioner Herb motioned to change the wording of Chapter 39-806-2 to read: There must be no less than 70 square feet of bedroom floor area for each occupant. There must be one or more attached permanent closets accessible from within each bedroom totaling not less than 5 square feet of floor area for each occupant. Floor area considered must have a ceiling height of not less than 7 feet. Commissioner Hanson seconded the motion and three commissioners approved with commissioner Armendariz abstaining.

Chairman Sipe then read the proposed Ordinance offered by the City Attorney which is a proposed solution to 39-803 by adding a subsection 6. He explained some of the problems with this proposal. Commissioner Hanson motioned to reject the proposal made by the City Attorney. Commissioner Herb seconded the motion. The motion was unanimously approved.

Chairman Sipe then read the following proposal for changes to 39-803:

Background:

1.  A limited number of R-100 properties have partitioned their houses into duplex dwellings.

2.  Those duplexes were illegally constructed and continue to be in violation of R-100 acceptable uses.

3.  In some cases, the construction was done in good faith either under an invalid use permit or with the consent of City officials (who lacked the authority for such consent)

Goal:

1.  To provide a legal basis for the existence of duplexes constructed in good faith to continue their existence.

2.  To not create a precedent or other avenue for new duplex construction within the R-100 zoning district.

3.  To not encumber the City and all other R-100 zoning districts with permanent special exceptions.

4.  To not enrich the owners of illegally constructed duplexes by limiting the special exception to current owners only

5.  To protect public health by verifying appropriate septic
    capacity where applicable.

-----------------------------------------------------------------------------

39-803 In Residence District R-100, the Following Uses Are Permitted:

6.  No multi-family housing units shall be built or occupied,
    except those which have been granted a temporary special
    exception pursuant to each of the following conditions:

    a.  The duplex existed as of the date of this ordinance.

    b.  There are no alterations to the exterior of the dwelling
        which would change the appearance from that of a single-
family dwelling.

    c.  Where served by septic systems, proof (such as receipts)
must be provided to show capacity upgrades to support
the duplex consistent with Gwinnett County septic system
requirements.

    d.  Construction of multi-family dwellings has never been
permitted in this R-100 zoning district.  Proof must be
provided that construction of the duplex was performed
in good faith. This may be either a Use Permit or a
signed truthful statement identifying the City officials
who authorized construction.

    e.  This ordinance shall be advertised within 10 days of its
date.  Within 60 days of the date of this ordinance, upon
application by the property owner, the Ordinance Enforcement
Officer shall have inspected and certified that the duplex
existed and that the terms of this ordinance are met.  The
properties granted this temporary special exception shall
be read into the public record at the close of the 60 day
period by identifying the current owner and address of each
such property at the following City Council meeting.

    f.  Duplexes permitted under this temporary special exception
        may be rented.

    g.  Upon termination of this temporary special exception, the
        duplex units must be recombined to form a single living space.
Such termination occurs upon any of the following events:

1.  Documents provided for this temporary special exception
    are subsequently found to be fraudulent.

2.  The property owner no longer occupies one of the units.

3.  Title to the property is transferred.

After discussion Commissioner Herb motioned to approve the substitute text (for that provided by the City Attorney) as submitted by Chairman Sipe. Commissioner Armendariz seconded the motion and approval was unanimous.

There was no further new business. Chairman Sipe stated that the next P&Z meeting will be on April 30th to hear a variance request for the following: 108 Lakeshore – changes to a non conforming structure; variance to front setback for 58' vs. 65'.

The meeting adjourned at 9:20 PM