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

PLANNING AND ZONING COMMISSION
Meeting January 18, 2006
Full Minutes

Call to Order: Chairman Bob Herb called the meeting to order at 7:35pm on January 18, 2006 at 4040 S. Berkeley Lake Road.

Present:  Chairman Bob Herb. Commissioners Skip Johnson, Rodney Hammond, Gary Moore and Craig Belt.  Jackie Wall (P and Z Clerk, and City Clerk)
 
Guests Present: Eric Johansen (Crescent Development), and Rich Edinger(CPA- City Engineer)

Old Business:
Minutes: Commissioner Hammond motioned to approve the minutes as amended for the November 1, 2005 meeting. Commissioner Johnson seconded the motion. All were in favor of the motion. The motion passed.

There was discussion regarding 39-807 Driving and Parking Area and water run off control. Chairman Herb said that Council had asked P and Z to look at the wording once more as previous suggestions were turned down. He explained the issues that had arisen from the last version and asked the commissioners to consider different wording for the next meeting.

New Business
Chairman Herb described three administrative variances he had already approved.

3769 North Berkeley Lake Road (BL,DC):  variance to expand a non-conforming structure (39-602.1);variance to expand an existing right rear deck  for a hot tub. This addition to the deck will be in full conformance and will not increase existing non-conformance impact which is that the house at the front left side is 11’ from the side lot line versus the required 12 ½’ setback. It should be noted that this administrative variance is contingent upon approval by the Atlanta Regional Commission.

40 Lakeshore Drive ( Lot 53A - 53E):  variance to expand a non-conforming structure (39-602.1) ;variance to rebuild ,expand and partially  enclose a  rear deck with a screened in porch. This addition to the deck will be in full conformance and will not increase the existing non-conformance impact which is that the house is set back from the roads edge at 35’ 10” versus the required 65’.

122 Little Ridge Road (Lot 11, Block A):  variance to expand a non-conforming structure (39-602-1); enclosing the front porch, which will be in full conformance and not increase the non-conformance of the house which  sitting 58 ft back from the road edge versus the required 65ft..

Chairman Herb then introduced the next part of the agenda:
Commissioners will also hear an alternate proposal from Crescent Development for the project known as Berkeley Village on how to handle storm water run off other than that originally proposed and approved by the Commission.

Chairman Herb explained that Crescent had been to Council to have agreement to consider to proceed with the original plan to gain ownership of the detention pond which would benefit the city as well as them. The group had been dissolved, needed to get the group to reconvene to get ownership. In the mean time, Crescent had been granted a 180 day time period to continue with the project. Crescent Development have asked P and Z to look at an alternative concept in case they are unable to acquire the detention pond

Johansen described the history of the organization that currently owns the detention pond, and the last council meeting he had attended. He said he wanted to have another option available, but he still felt that plan A would be the one that would be used.

There was some concern that the existence of a plan C would be an incentive not to go ahead with Plan A. Johansen reiterated that it was in everyone’s best interest that Plan A should go ahead, and they too would prefer it that way. The City engineer pointed out that Crescent Development had already spent a lot of money planning for Plan A.

Hammond motioned to approve the detention pond as drawn on plan C. The wall would be done in a colored and stamped manner to tie in with the building color scheme or the stacked blocked color scheme. There will be tree plantings in the front of the detention wall that will be equal to or greater than the detention wall height.

Commissioner Johnson seconded the motion.

There was discussion as to how the City could help Crescent Development in pursuing Plan A.

All were in favor of the motion. The motion passed.

Commissioners will consider removing Article XII Administration, Enforcement and remedies (Ch39.1201-1204) from the zoning regulations so they can be added to another ordinance to allow for consistency. Citizens are encouraged to attend and comments are invited.

Chairman Herb invited the City clerk to describe her request.

The Clerk asked that Article XII Administration, Enforcement and remedies (Ch39.1201-1204) from the zoning regulations so they can be added to another ordinance to allow for consistency. She said that normally zoning ordinances do not contain administration of permits, enforcement and remedies, as none of these are zoning issues. She said that the City would like to add them to another ordinance to compliment other changes that were being made as a result of the appointment of the new Building Inspector.

The Commission agreed it was a sensible idea.

Commissioner Moore motioned to remove Article XII Administration, Enforcement and remedies (Ch39.1201-1204) from the zoning regulations so they can be added to another ordinance to allow for consistency, Commissioner Johnson seconded the motion and all were in favor.

There was a motion to adjourn at 9:05pm by Commissioner Johnson. Commissioner Hammond seconded the motion and all were in favor. The motion passed