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CITY OF BERKELEY LAKE
4040 Berkeley Lake Road
Berkeley Lake, GA 30096-3016
PLANNING AND ZONING COMMISSION Meeting August 4, 2005
Full Minutes
Call to Order: Chairman Bob Herb called the meeting to order at 7:38pm on August 4, 2005 at the Chapel- 4043 S. Berkeley Lake Road.
Present: Commissioners Gary Moore, Rodney Hammond, Craig Belt and Skip Johnson. Chairman Bob Herb. Jackie Wall (P and Z Clerk)
Guests Present: Joe Voyles, Carol Christa, Helen Crowell, Ben and Keith Nash, and Debbie Guthrie.
Old Business: It was agreed to postpone the acceptance of the June 22nd meeting minutes until it was clarified that the requests made at the last meeting had been carried out.
Administrative Variance
Chairman Herb described the following administrative variance (under 39-602.1) that had been granted and fully and legally advertised.
- 882 Lakeshore Drive ( Pt. Lot 10A-BL ,DC ): variance to expand a non-conforming structure (39-602-1); add deck at rear of home that will be in full conformance and will not increase existing non-conformance impact.
New Business
- 830 Valley View Lane ( BL,DC ): variance to locate front of house at a distance of 54 feet from the edge of the road pavement vs the required 65 foot front set back. (39-804-4)
Joe Voyles described the original modular home. He said it was not a structure that could be added on to, but the new home would be a similar footprint and design with a concrete foundation. He said that the location had some topographical challenges. He described the future home. He said that the architect had not yet finished the final plans. He said that the old home had already been removed from the site.
Chairman Herb reviewed the criteria to grant a variance:
39-1401 Variances - Application for, Procedure and Notification
a. There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape or topography, and b. The application of the Ordinance to this particular piece of property would create an unnecessary hardship, and
c. Such conditions are peculiar to the particular piece of property involved, and
d. Such conditions are not the result of any actions of the property owner, and
e. Relief, if granted, would not cause substantial detriment to the public nor impair the purposes or intent of this Ordinance, and
f. The variance is granted for a use of land or building or structure that is not prohibited by this Ordinance. Commissioner Johnson motioned to approve the variance request. Commissioner Belt seconded the motion.
Commissioner Johnson said that the house was still not very visible from the road due to the pitch of the property even with a change in variance. All were in favor of the motion. The variance was approved.
- 554 Lakeshore Drive (Lot 64, Sec. 6 -BL,DC ): variance to construct an accessory structure (free standing carport) in the front yard (39-401-1)
Mrs. Crowell requested a free-standing car port as she does not have a garage. Chairman Herb repeated the above criteria to grant a variance.
Crowell said that it would be to the side of the house and in line with the property. She said that her property went down hill and it would not be seen until you approach the house.
There was discussion as to whether the variance request would qualify, and it was agreed it would not.
Commissioner Moore motioned to deny the request, Commissioner Hammond seconded the motion. All were in favor of denying the request. The motion was approved. The variance was denied.
- Hear and vote on a request to annex into the City of Berkeley Lake, the Capital Commons office complex on Peachtree Industrial Blvd.
Chairman Herb described the background to the annexation request. He said that the property could not be developed as Nash would like to according to the County code as their road frontage requirements require a certain amount of road frontage per lot. He said that Council had heard the initial concept and Nash had already agreed to hide the retaining wall and increase the number of trees in the buffer. He said that the current plat would require a number of variances largely on the set backs and side setbacks to be complaint with the City codes.
Nash thanked the Commission for their time. He gave the Commission a detailed copy of the variances that he would require broken down into both the whole property and each individual plot. He said that he already verbally agreed to Council that he would finish all the paving, infrastructure and landscaping. He said that there was one building already completed, and two buildings were almost completed. He said that he had also agreed to a down zoning from M1 to O and I.
Nash described the different lot sizes and why the variances would be required. He also said that he was willing to plant more trees along the buffer in order to fulfill the tree density requirement for the whole property to be complaint with the tree ordinance instead of counting tree density units per lot. It was agreed that there were enough trees near the buildings, and the remainder would be used in the buffers to hide the development form the surrounding homeowners. Nash said that he would plant the trees in the buffer within 120 days of the annexation being granted.
There was discussion about the lighting. Nash said that his lighting plan had already been discussed with the City attorney when he had originally tried to permit the property with the County. He said he had therefore worked with Georgia Power so that the lighting would be directed for security purposes but would restrict impact to the surrounding residents. It was suggested that the City engineer should review the lighting plans.
There was also discussion regarding waste collection and the times of collection. Nash said that he would include the waste removal costs as part of the association fees.
Nash then described all the variances he would require (see attached).
Commissioner Hammond motioned to approve the annexation of property in question with the following conditions:
- Two rows of 8-10 ft tall Leyland cypress trees would be planted cross set every six feet off center on the North side of the property by the retaining wall
- 2 gallon ivy plants would be planted every 5 ft along the wall,
- Lighting would be reviewed and approved by the city engineer for the purpose of minimizing impact to the surrounding residents
- Waste collection hrs would be restricted to conform to the City noise ordinances and would be no earlier than 7am and not after 7pm.
- The 10 acre complex would comply with the tree ordinance density, not necessarily lot by lot.
- The agreed upon Lot sizes and buffer zone variances as attached.
Commissioner Johnson seconded the motion
All in favor of the motion and the motion passed.
Commissioner Johnson motioned to change the zoning from M1 to O and I. Commissioner Hammond seconded the motion and all were in favor.
The Clerk noted that she would clarify the procedure for annexation.
Old Business
- 39-807 Driveway and Parking Area run off control
Commissioner Moore said that the current ordinance read as follows:
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".
There was discussion regarding the wording of this ordinance and the need to clarify it. The wording had also been discussed with Rich Edinger, a City engineer.
The Commission agreed to propose the following to Council:
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 by either curving the driveway in such a manner that most of the runoff is directed onto grassed or landscaped areas, by providing structures such as humps in the driveway to divert the storm water runoff onto grassed or landscaped areas, by using pervious surfaces permitting a substantial portion of the stormwater to penetrate the surface instead of flowing down the driveway, or by equipping the driveway with a covered catch basin with a grate having an opening of no less than 6". The grate should be traffic load rated and be removable for maintenance purposes. This will typically mean that it will be made from cast iron or steel. Storm water runoff may discharge directly into rights-of-way of any road if the overall storm water management plan for the road is designed to accommodate the runoff.
Commissioner Johnson motioned to accept the new wording and propose the change to council. Commissioner Hammond seconded the motion. All were in favor of the motion and the motion passed.
Commissioner Johnson described the history of the boathouse ordinance, as he had been part of the Commission who had reviewed it in the first place. He said that the intent was that any enclosed area should be used for storage purposes only. He said it had since been interpreted that ‘enclosed’ did not mean screened in boathouses and were therefore allowed. He said that the intent was that there should be nothing to obstruct the view around the lake. He said that the Commission was originally trying to stop large lakeside enclosed areas, and this was already beginning to happen.
Chairman Herb said that the current ordinance reads as follows:
Boat Houses and docks may not extend more than 25 feet into the lake from the natural shoreline, must be at least 12 ½ feet from the side lot line, projected into the lake, must be at least 75 feet from the opposite shore, may not exceed 14 feet in height from the mean water level, and may not have an area enclosed on 2 or more sides greater than 100 square feet.
There was also discussion regarding the clarification of this ordinance. The Commission agreed to discuss revised wording at the next meeting.
The Commission agreed to meet again on Tuesday Aug 30 at 7:30 pm.
There was a motion to adjourn at 9.35pm by Commissioner Belt. Commissioner Moore seconded the motion and all were in favor.
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