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Full Minutes March 6, 2007 |
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PLANNING & ZONING COMMISSION MEETING
CITY OF BERKELEY LAKE
4040 South Berkeley Lake Road
Berkeley Lake, GA 30096
March 6th, 2007
Full Minutes
Those in attendance at the meeting were as follows:
Chairman: Bob Herb
Commissioners: Craig Belt, Rodney Hammond, Dan Huntington and Frank Lombardi
City Administrator and P&Z Secretary: Leigh Threadgill
Deputy City Clerk: Sandy Rosenberger
Citizens Present/Guests: None
CALL TO ORDER:
Herb opened the meeting at 6:35 P.M. on March 6th, 2007 at 4040 South Berkeley Lake Road.
Welcome to Frank Lombardi, the newest Planning & Zoning Commission member.
OLD BUSINESS:
a.) Minutes from the November 28th, 2006 P&Z meeting
Minutes: Commissioner Belt motioned to approve the minutes for the November 28th, 2006 meeting. Commissioner Hammond seconded the motion. Hammond, Huntington, Herb, and Belt were in favor.
Lombardi abstained because he is newly appointed and was not in attendance at the last meeting.
The motion passed.
b.) Administrative Variance at 164 Bayway Circle
Herb informed the commission that he approved an administrative variance for 164 Bayway Circle for an expansion to an existing, non-conforming dock that was 10 feet 8 inches vs. 12 feet 6 inches from the side property line. The expansion did not result in any increased non-conformity.
NEW BUSINESS:
a.) Election of P&Z Chairman and Vice-Chairman
Belt nominated Bob Herb for P&Z Chairman. Herb accepted. All were in favor.
Herb nominated Rodney Hammond as vice-chairman. Hammond accepted. All were in favor.
b.) Decide how best to schedule P&Z meetings for 2007
Herb introduced the topic of scheduling regular meetings. Huntington expressed that he likes it the way it is and that it works.
Herb stated that there has been a lot of concern from council about not having a regularly scheduled meeting. However, he acknowledged that for most members, business trips would likely take precedence over regularly scheduled P&Z meetings.
Lombardi asked if they could call a special meeting if the regularly scheduled meeting couldn’t be held because of lack of a quorum.
Belt asked to clarify the purpose of advertising meetings. It was stated that advertising is required for P&Z meetings because they are not regularly scheduled, and in addition, any time a public hearing is held, advertisement is required.
Huntington noted that because of busy travel schedules, it will be difficult for P&Z members to make regularly-scheduled meetings.
Members stated that the current practice for scheduling meetings is more responsive to citizens because it is possible to schedule meetings in order to have the majority of the members present, and it would be difficult to have more than three members at a regularly scheduled meeting. In addition, meetings can be scheduled faster to respond to citizens’ needs.
Consensus of P&Z commission is to leave the meeting schedule on an “as needed” basis and to change the ordinance to reflect that.
c.) Discuss possible modification to 3-601, Planning and Zoning Responsbilities
Herb recommended that Section 3-601.5 be amended to reflect commission chair salary. All members except chairman will serve without compensation. The chairman shall be compensated based on an amount determined by council.
P&Z recommended that section 3-601(6) be changed to reflect a meeting schedule on an as-needed basis.
Change 3-601.7.d to change the wording from “to prepare and recommend…” to “to recommend…”
Huntington moved to approve those changes. Hammond seconded the motion. All were in favor. Motion passed.
Planning and Zoning Commission appointed Leigh Threadgill as secretary to the P&Z
d.) Discuss modifying wording of 39-1401 Application for, Procedure and Notification
Herb submitted written changes to Section 39-1401 to clarify the variance procedure for existing, non-conforming structures to be consistent with Planning & Zoning Commission practice.
Changes to Section 39-1401 are as follows:
1.) To amend Section 39-1401.1 to state “All applications for variances of existing, conforming structures and new structures shall be submitted initially, in writing, to the Planning Commission of the City of Berkeley Lake…”
2.) To add Section 39-1401.2
“All applications for variances of existing non conforming structures shall be submitted initially, in writing, to the Planning Commission of the City of Berkeley Lake, which shall consider these requests at its next regularly scheduled meeting. The Planning Commission may authorize such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest. The spirit of the Zoning Ordinance shall be observed, the public safety, health and welfare secured and substantial justice done. Such variances may be granted in individual cases if the Planning Commission finds that:
a.) The variance is for a conforming change and such change does not increase the impact of the existing structures non conformance aspects, 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.
3.) To amend the last sentence before 39-1401.3 to add “variance” before “hearing.”
4.) To renumber the remaining sections appropriately.
Lombardi questioned renumbered Section 39-1401.4 and the meaning of that section. It is confusing and may need to be amended to clarify the intent. There was much discussion. It was determined to rename the section heading to “Expiration of Approved Variances.”
Lombardi motioned to amend section 39-1401 as recommended by Chairman Herb and to amend new section 4 heading to read “Expiration of Approved Variances”. Huntington seconded the motion. All were in favor. The motion passed.
Herb discussed abstention from voting and posed the question, “Is an abstention a vote?” He stated to the commission members that the City Attorney said that it did count as a vote. Members discussed the need to disclose why they have abstained and that members should vote unless there are valid reasons for abstaining. If at all possible, members are encouraged to vote.
Lombardi motioned to adjourn the meeting at 7:50. Hammond seconded the motion. All were in favor. The motion passed.
(Respectfully submitted by Leigh Threadgill, approved by P&Z May 23, 2007)
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