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

Guests Present: 6

Old Business: Chairman George Sipe began by stating that the minutes from the last meeting will be approved at the next meeting. There are two variances to be heard tonight.

850 Valley View Lane – Variance to expand a non conforming structure and a variance to build within the front setback at 55 feet vs. the required 65 feet. The commissioners reviewed the drawings; the builder, Claude Murphy explained the changes. There was much discussion. Chairman Sipe stated that the side variance was not advertised or posted, therefore would have to go through the process and be heard in three weeks. He stated that the commissioners can hear the request for what is posted so that there would not be a need for as much representation the next time. There needs to be a third variance for the side lot even though the existing structure had a variance, this will be an increase in the variance. We will ask questions tonight so that we will be prepared to act quickly at the next meeting. Mr. Murphy was commended for his thorough presentation. The neighbors who would be most affected by the variances, Mr. and Mrs. Ahrel spoke in favor of the changes. Chairman Sipe stated that with no further questions this variance request would be advertised and posted. This will be accomplished in a timely manner.
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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.

4070 South Berkeley Lake Road -Variance to expand a non-conforming structure and a variance to build within the side set back at 3.5ft. Vs. 12.5ft. This is a structure to which the P&Z has granted a previous variance and subsequently a survey found that the structure exceeds the variance by less than 6 inches. Additionally, since the time the variance was granted the P&Z changed the definition for the set backs to include overhangs. Therefore, even though the structure would exceed the variance under the previous rules by only six inches the current rules make the side set back variance at 3.5 ft. There was much discussion. Chairman Sipe stated that the amount of area that is non compliant with the variance that was originally granted is a very small number of square inches; the variance only applies to one corner of the structure, but technically we need to grant a new variance.

Commissioner Johnson motioned to accept the variance request. Commissioner Hanson seconded the motion and approval was unanimous.

Chairman Sipe stated that in Chapter 3 of the Code there is a section that defines the terms of the P&Z as being three years. It is unclear as to when this definition was written but it is believed to be in 1998 or 99. This definition has never been followed. The legal status of that section of the Code is unclear. Council made other changes to Chapter 3 a year ago and this section was copied over and the Chapter was passed. This section has never been followed. There doesn’t appear to be any note of the change in the Council Minutes from 1998-99. This leaves many questions as to the appointments the Mayor has made for the last several years and how the transitions take place. There are many possibilities for problems with the Code written in this way. Chairman Sipe further stated that he thinks it would be a mistake to have such a short cycle on the P&Z terms. “If we find that it is valid, my proposal is that it be rewritten to make that section consistent with what was written in the 1970 ordinance that we have always followed.”

Chairman Sipe stated that the next P&Z meeting will be September 24th There being no other new business, the meeting adjourned at 8:02 PM.