CITY OF BERKELEY LAKE
4040 Berkeley Lake Road
Berkeley Lake, GA 30096-3016
PLANNING AND ZONING COMMISSION
Meeting June 22, 2005
Full Minutes
Call to Order: Chairman Bob Herb called the meeting to order at 7:36 pm on June 22, 2005 at 4043 S. Berkeley Lake Road.
Present: Commissioners Skip Johnson, Rodney Hammond, Gary Moore and Craig Belt. Chairman Bob Herb. Jackie Wall (P and Z Clerk)
Guests Present: Eric Johansen (Crescent Development), Rick Edinger (Clark Patterson Associates)
Old Business
Minutes: Commissioner Johnson motioned to approve the minutes as amended for the May 17, 2005 meeting. Commissioner Hammond seconded the motion. All were in favor of the motion.
New Business
- The 9.28 acre tract of real property at the southeast corner of the intersection of North Berkeley Lake Rd and Peachtree Industrial Blvd.: consider approval of a concept plan to construct commercial and office- industrial properties.
Crescent development presented their final preliminary plat with the provisions as requested by P and Z and Council. He said that the layout is the same. Herb read the notes and conditions:
1) To reduce the 50’buffer to 25’ adjacent to the industrial zoned properties along the southeastern most property line. The 25’ buffer will be re-graded and replanted with 8’ to 10’ tall evergreen trees at the time of planting in (2) staggered rows on the subject property and (2) rows of trees on the adjacent properties for a total of (4) rows of evergreen trees. The trees shall be spaced 15’ on center within each row. Spacing between each row to be determined by the Landscape Architect of record. Proposed evergreen buffer plant material would include Cryptomeria, Leyland Cypress, Southern Magnolia, Southern Wax Myrtle, and Tree Form Hollies. A note to be placed on the Final Plat to read “Buffer trees on the subject property can not be removed at a later date.”
2) Any wall over 10’ in height must be constructed in a two-tiered manner along Peachtree Industrial Boulevard and treated with a graffiti retardant. No single wall can exceed 20’ in height. Walls to be planted with plant material intended to cascade over the walls
3) No lighting shall spill onto Peachtree Industrial Boulevard or North Berkeley Lake Road. There shall be a review of the lighting plan and photometric study by the City Engineers at the time of Land disturbance permitting.
4) The developer shall own and maintain the adjacent detention pond currently owned by the Blue Ridge North Property Association. The detention pond shall be put in a Gwinnett County Maintenance Agreement and be made part of the newly established commercial property owners association’s restricted deed and covenants. The restrictive deeds and covenants would be reviewed by the Berkeley Lake City attorney prior to issuance of a Land Disturbance Permit The developer shall agree to the annexation of the detention pond land after acquisition. If the acquisition of the adjacent detention pond is not possible, the concept plan approval would come back through P and Z for review and approval.
5) Approval of the parking space depth to be reduced from 21’ to 19’. The overall required parking space shall be a minimum of 9’ x 19’ for standard parking spaces.
6) The developer agrees to conduct a silt study of Cohen’s Pond and Berkeley Lake both pre and post construction. The limits of the silt study will be determined by the developer Geotechnical engineer, Civil Engineer and the City Engineer. The BLHA must grant the developer access to the lake to conduct the silt studies.
7) A Performance Bond in the amount of $75,000 shall be established to cover erosion control related items and the other contaminants that could arise in stabilizing the site and to clean out the lake in the event of a breach.
8) The Normal Hours of business operation shall be limited from 6am to Midnight. Delivery hours shall be limited from 7 am to 7 pm.
Commissioner Johnson motioned to approve the final preliminary plat with an amendment to include waste removal hours to also be limited from 7 am to 7 pm. Commissioner Hammond seconded the motion. All were in favor of the motion and the motion passed
- 4015 S. Berkeley Lake Road (Lot 39, Sec. 1- BL,DC ): variance to expand a non-conforming structure (39-602-1); add screen porch over existing rear deck that is set back 27 ft. versus required 40 ft.
Spruell handed out copies of pictures of the location and described where he would like the screened porch to be. He described the existing roof line. He said that if part of the existing deck area is enclosed, it will be 34 ft from the lake rather than the required 40 ft.
There was discussion as to what is non-conforming about the building. Spruell said that no views would be obstructed from either side of the property as a result of a screened in porch. He showed the views.
Commissioner Johnson motioned to approve the variance request as requested. Commissioner Moore seconded the motion. All were in favor of the motion. The variance was approved.
- 60 Lakeshore Drive (Lot 59B ): variance to expand a non-conforming structure (39-602-1); to expand structure upward over the existing rear footprint of the house that is set back 19 ½ ft . versus required 40 ft.; to expand front of structure to be equal to existing front porch that is set back 55 ft 10 inches vs req. 65 ft;
Chairman Herb said that he had initial discussions about the variance request before the meeting in order to help the homeowners. Therefore the original variance request had changed, as the last of the variance requests regarding the side set back had been withdrawn.
Mrs. Colletta said that the original plan was to build a whole second story, but they had since changed the plan She said that they would still raise the roof line. She described what their original request was and why. She then described the new roof line which would be 23’9” on the front and 31”3’ on the back compared to 35’ on the front allowed and 45’ in the rear, which is well below. She showed a picture of what the house would look like.
The footprint showed the variance request. The entire house would be 6 feet closer to the road, which would be the same distance as the porch currently is, and well within the 65 feet allowed. The new roof will be about 10 ft higher than the current one which is already lower than the norm. The house is also below the gradient of the road.
Commissioner Hammond motioned to approve the variance as requested. Commissioner Johnson seconded the motion. All were in favor of the motion and the variances requested were approved
- 4090 Berkeley View Drive (Lot 12, Unit 1, BB - MM): variance to add a second kitchen in the basement (39-1202-2)
Chairman Herb described what is says in the current ordinance.
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.
No Use Permit shall be issued except in conformance with the provisions of this Ordinance. The Planning Commission must approve 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.
Mr. Pandy said that he would like to add the kitchen for family use only for meetings and family gatherings for his large Indian family. He described that he found out later that the code does not allow a second kitchen.
Herb described what the history of the ordinance was. He said that the code was added so there would not be mother- in law suites added or separate apartments. He said that such a request had not be granted before for that reason. He said that if the house has another entrance this still allows for an apartment and this was the case in this property.
Mr. Pandy offered to sign documents to agree not to rent it out as an apartment, but it was clarified that this cannot be enforced to later owners. He clarified that there is clear access from the top of the house to bottom. Herb clarified that the commission realized the intent was not to have an apartment, but the ordinance does not allow it.
It was suggested that Mr. Pandy could use a hot plate instead of a full oven.
Commissioner Johnson motioned to decline the variance. Commissioner Moore seconded the motion. All were in favor of the motion and the variance was denied.
- 39-807 Driveway and water run off control ordinance amendment.
Commissioner Moore said that he had looked at other variances from other cities. He read the current ordinance.
39-807 Grassing and Paving Required
All driveways and parking areas on residential lots shall be paved with asphalt or concrete and all areas not paved shall be suitably grassed or landscaped, including all banks and slopes to a degree sufficient to effectively prevent erosion, or siltation and sedimentation in run off waters. All banks and slopes are to be grassed or stabilized immediately upon completion of grading. Driveways sloping towards a road shall be equipped with a grate, the size to be determined by the Zoning Enforcement Officer, but it shall be no less than 4".
Moore described a suggestion that Charlie Sewell (OEO) had sent to him by email. Then he read his own suggestion including to change the title:
39-807 Driveway and Parking Area Water Runoff Control
All driveways and parking areas on residential lots shall be paved with asphalt or concrete and all areas not paved shall be suitably grassed or landscaped, including all banks and slopes to a degree sufficient to effectively prevent erosion, or siltation and sedimentation in run off waters. All banks and slopes are to be grassed or stabilized immediately upon completion of grading. Driveways sloping towards a road shall control the discharge of storm water runoff into rights of way.
There was discussion about the difference in the wording and further discussion about the grate size. Rich Edinger (a City Engineer) also offered to find some examples of such ordinances to show P and Z. Moore agreed to bring a final version to the next meeting.
Johnson reiterated his concerns about the height of sea walls and retaining walls. It was agreed to discuss this at a following meeting should Johnson like to propose an ordinance to restrict this.
The Commission agreed to meet again on Thursday August 4th, 2005.
Commissioner Johnson motioned to adjourn the meeting. Commissioner Moore seconded the motion and all were in favor. The meeting adjourned at 9.05 pm.
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