CITY OF BERKELEY LAKE
4040 Berkeley Lake Road
Berkeley Lake, GA 30096-3016

Call to Order: Chairman Bob Herb called the meeting to order at 7:38pm on August 30, 2005 at the Chapel- 4043 S. Berkeley Lake Road.

Present:  Commissioners Gary Moore, Rodney Hammond and Craig Belt.  Chairman Bob Herb. Jackie Wall (P and Z Clerk)  
 
Guests Present: John and Ginny Nevins, Eric Johansen (Crescent Development) and Rich Edinger (Clark Patterson Associates).

Old Business:
Minutes: Commissioner Hammond motioned to approve the minutes as amended for the June 22nd, 2005 meeting. Commissioner Moore seconded the motion. All were in favor of the motion. The motion passed

Minutes: Commissioner Belt motioned to approve the minutes as amended for the August 4th, 2005 meeting. Commissioner Hammond seconded the motion. All were in favor of the motion. The motion passed.

Administrative Variance
Chairman Herb described the following administrative variance (under 39-602.1) that had been granted and fully and legally advertised.  

• 3695 North Berkeley Lake Road):  variance to expand a non-conforming structure (39-602-1); add an in ground swimming pool and spa that will be in full conformance and will not increase existing non-conformance impact.
  

New Business

• 350 Lakeshore Drive (Lot 36 & 37, Sec. 3 - BL ):  variance to expand structure to occupy 20% of property versus occupying the required  maximum 15%. of total  property space (39-805)
  

Chairman Herb described the history behind the ordinance that currently requires 15% of the maximum total property space.

39-805    Floor Space Requirements R-100 Single Family Residence District

All single family residences shall contain not less than 2,000 square feet of floor space exclusive of unfinished basements, carports, garages, attic and open porches/decks.  The footprint of all structures however shall not occupy more than 15% of the property upon which they are located.

He also read the requirements that must be adhered to in order 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.

Nevins said that a structural engineer has said that the house foundation will not support a second storey, which is why they need to exceed the current footprint of the home. She said it would be 4 bedrooms and 3.5 baths. She said that the plans would be within the allowed setbacks, but there would be a covered patio and open areas. She described and showed the house plans.  She said that the lot is a double lot and they were trying not to build what would not have an over-imposing structure.

Herb questioned why the property could not be built up. There were further questions as to why this would be deemed an extraordinary reason to exceed the 15%. Herb explained that the home would need to have a particular reason to exceed the shape or topography of the lot, which this house did not seem to have, even if the structural engineer stated the house could not be built up.

Nevins explained that the plans were drawn before they understood there was the 15% rule.

The Commissioners felt that the code was clear in what it required and that the variance request did not qualify.

Commissioner Hammond motioned to deny the variance request. Commissioner Belt seconded the motion. All were in favor of the motion. The variance was denied.

• 350 Lakeshore Drive (Lot 36 & 37, Sec. 3 – BL):  variance to expand structure to be at 60 foot set back from pavement edge versus required 65 foot setback (39-804-4)   

As the previous variance was denied, the second variance was not considered.

• Hear and vote on a request to approve another preliminary plat option to the  Crescent Development office and retail complex located  at the corner of Peachtree Industrial Blvd. and North Berkeley Lake road (40-10-2-5)
  

Johansen updated the commission on the current issues. He explained the problems in acquiring the tract with the detention pond on due to the current owners of Blue Ridge Owners Association not being a current active association but assured all would be taken care of.  There are also issues with the right of way and the county easement which are being resolved. Finally, Walgreens wants to be where the bank was planned, the building is bigger, but everything else will stay the same. He showed the plans which include a change in the road layout too. He said they would put in road humps if needed to stop traffic taking a cut through. He also described the change in the grade. The Walgreens would be visually appealing and include a pitched roof like the rest of the buildings. The area will be called ‘Berkeley Lake Village’.

The size of the parking spaces will not change, and all the preliminary plat conditions would remain the same including the opening aNd clsoing hours. Johansen said that Walgreens did know of these opening hours conditions too and may still change their mind.

Commissioner Moore motioned to approve the request. Commissioner Hammond seconded the motion. All were in favor of the motion. The request was approved.

• Driveway and Parking Area Water Runoff Control
  

Chairman Herb recommended changing the wording as decided at the last meeting to remove the conflicting sentence ‘by using pervious surfaces permitting a substantial portion of the stormwater to penetrate the surface instead of flowing down the driveway’. It would now say:

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, 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 Belt motioned to accept the new wording and Commissioner Hammond seconded the motion. All were in favor.

• 39-401 Boat dock
  

The Commissioners discussed  new wording for this ordinance and recommended the following:   

Boat Houses and Docks.

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 with any material including, but not limited to, screening and glass greater that is 100 square feet.

Commissioner Hammond motioned to approve the new wording. Commisioner Moore seconded the motion and all in favor.

All agreed Chairman Herb would not forward the wording change to Council until Commissioner Hammond had time to consider additional wording changes to limit the total size of the boat docks and boathouses.

The Commission discussed possible further rewording to restrict the size of docks in 39-401. They decided to look into, and discuss it, at a future P and Z meeting. They also decided not to forward the new wording of 39-401 until they had decided whether to add further wording to restrict the size of docks or not.

The Commissioners agreed to meet again on Tuesday October 4th, 2005.

There was a motion to adjourn at 9.05pm by Commissioner Moore. Commissioner Belt seconded the motion and all were in favor.

Minutes approved at the October 4^th Planning and Zoning meeting.