Planning & Zoning Commission Meeting Page 1
August 9, 2007
Harlem City Hall
The Planning & Zoning commission met for a meeting at City Hall on Thursday, August 9, 2007 at 7:00 p.m. with Chairman Bobby Culpepper presiding.
Present: COMMISSION: Chairman Bobby Culpepper, Commissioner B.J. Cunningham, Commissioner Tim Farr, and Commissioner Franklin Jennings; STAFF: City Manager Jean R. Dove, City Clerk Debra E. Moore, City Attorney Barry Fleming and Department Head Dee Tapley; ABSENT: Vice Chairman Dale Arnold; VISITORS: James Thomas, Charles Cunningham, Wright McLeod, Don Greene and Phil Turner.
The meeting was called to order by Chairman Culpepper at 7:00 p.m.
The Invocation was given by DH Tapley.
The Pledge of Allegiance was led by Chairman Culpepper.
Approval of June 26, 2007 Minutes: Chairman Culpepper called for a motion to approve the Minutes of the June 26, 2007 meeting as written; that motion was made by Commissioner Farr; 2nd by Commissioner Jennings. Motion carried; all in favor.
Chairman Culpepper at this time chose to proceed with the New Business portion of the agenda.
NEW BUSINESS:
Variance Request-James & Sara Thomas-210 Stone Street: Mr. Thomas is asking for an 8 foot side yard variance due to him not having the 15 feet that is required as well as asking to be able to install a portable steel building on a concrete floor to be used for the storage of two vehicles. The size of the building will be 22’ x 24’ for a total of 528 square feet.
Chairman Culpepper asked Ms. Tapley to give a brief explanation of the request.
Ms. Tapley started by explaining that his request is actually two requests in one. Mr. Thomas is proposing to install a pre-constructed metal storage building/garage. This variance request is for the materials being proposed for usage. According to our ordinance you must distinguish whether the auxiliary structure is a permanent or temporary. With the addition of a concrete floor this will make it a permanent structure. The ordinance also further states that with a permanent auxiliary building, it must be of like material of the main structure; Mr. Thomas’ home is made of brick and vinyl. Due to the difference in costs, Mr. Thomas is proposing to erect a metal building with the concrete slab floor; the front portion will be the garage and the storage would be in the back.
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NEW BUSINESS (cont’d):
Thomas Variance Request (cont’d): The floor was opened for questions or comments. Commissioner Cunningham asked if any comments had been received from the surrounding households; there had not. City Attorney Fleming questioned if with the addition of the structure and the side yard variance request would Emergency Vehicles still have access to the area; Mr. Thomas responded that they would as there are no trees and such to block the area. Commissioner Cunningham asked Mr. Thomas if he personally had any conversations with his neighbors; Mr. Thomas responded that he had and that he had not received any complaints from anyone. City Attorney Fleming questioned about the difference in costs; the response was that there was a difference of about $3,000.00 between installing the metal building with the slab floor and erecting a brick building. City Attorney Fleming reiterated the requirements for likeness in the materials used in constructing a permanent auxiliary building with the main structure and that extraordinary circumstances must be proven to change that requirement. City Attorney Fleming did not feel that there should be a problem with approving the side yard variance. Chairman Culpepper had concerns that we would be opening a door to setting precedence if the material variance was approved and asked for any recommendations that City Attorney Fleming might have. City Attorney Fleming stated that the Commission would need to be able to site reasons for allowing. It was explained to Mr. Thomas that he would have to prove the hardship in the difference in costs and bring that to the Commission. There was some discussion about erecting the building using siding as the main structure included siding. Charles Cunningham, who was present, is Mr. Thomas’ contractor and he responded that a price was given for that type of construction as well. He had a side conversation with Mr. Thomas and Mr. Thomas agreed that he would have the building constructed out of “2x4”’s, vinyl siding and with a shingle roof. With this agreement there was no need for the material variance request. At this time Chairman Culpepper asked if there was a motion to be made. Commissioner Cunningham made the motion to approve the variance request on the side yard from a 15’ variance to a 8’ variance and to disapprove the request to erect a metal building for the use of housing two cars and storage due to the requirements of the ordinance and that no sufficient hardship had been shown; that motion was 2nd by Commissioner Farr. Motion carried; all in favor.
Variance Request-William P. Dozier-325 W. Milledgeville Road: Due to a change in the plan previously brought before the Commission, Mr. Dozier is requesting a 10’ rear setback variance (back of store facing side of Post Office). The normal rear setback requirement is 25’.
Chairman Culpepper asked Ms. Tapley to give a brief explanation of the request.
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NEW BUSINESS (cont’d):
Variance Request-William P. Dozier (cont’d):
Ms. Tapley explained that this is the proposed site of the new IGA grocery store that the Commission had previously seen. Due to complications with DOT on the entrance and exit needing to be relocated as it comes off Highway 78, they have had to relocate the building. The building will now back up to the side of the Post Office. They need a rear setback variance due to the change. Mr. Dozier also owns the property that the Post Office is located on and has no problems with the request.
Chairman Culpepper stated that he had questions and concerns about the proposed change; mostly with aesthetics. His concerns had to do with the back of the building facing the Post Office and having to see the compressors and dumpsters as you do at the existing building and why with the property being virtually flat that the retention pond is at the front of the property (located at the corner of Highway 78 and S. Hatcher Street). There was no one in attendance to answer any questions the Commission might have. There was some discussion concerning whether there was a decel lane or not; there was not one shown on the plan. There were concerns as to how their delivery trucks would gain access to the property. It was shown that there would be a lack of curbing on the S. Hatcher side that it would be a pavement to pavement type entrance. S. Hatcher is not meant to handle heavy duty (18-wheelers) vehicles. Chairman Culpepper stated that he was in favor of tabling until they were able to meet with the owner to address the issues of the Commission. City Manager Dove responded that there was a time limit on the deal with Mr. Dozier and the IGA people. They need to know by the 15th of this month and that Council would be making a decision at the Called Meeting set for the 13th. Commissioner Farr suggested trying to meet with them prior to the Called Meeting. City Attorney Fleming recommended that the Commission deny the request and that Council would have the final decision. It was recommended to Ms. Tapley that she get in touch with the engineer for IGA and inform them of the decision of the Commission and why and to recommend that someone be in attendance at the Called Meeting to answer questions. Chairman Culpepper called for a motion at this time. Commissioner Cunningham made the motion to disapprove the variance request at this time due to the Commission having questions pertaining to the aesthetics of the property, the retention pond, the decel lane and lack of curbing as no one was in attendance at this meeting; that motion was seconded by Commissioner Farr. Motion carried; all in favor.
OLD BUSINESS:
Village at Sandy Run Creek Townhome Covenants: Don Greene, developer and Wright McLeod, Attorney, were in attendance for questions and explanations as needed.
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OLD BUSINESS (cont’d):
Village at Sandy Run Creek Townhome Covenants (cont’d): City Manger Dove reminded the Commission that the Covenants are not required until the final plat is presented for approval. That at this time the Commission may ask questions and make suggestions. The only questions pertained to a date that was in Article III on page 4; this date would read “December 31, 2008” and it was a typographical error only. Chairman Culpepper questioned about the fee that the residence would have to pay for the Annual Assessment; this is an Annual fee of $150.00. City Attorney Fleming made the suggestion to add a sentence to Section 7 (Parking) under Article VI concerning non-operational vehicles. It was suggested to add “That non-operational vehicles should not be on the lot for more that five consecutive days”. After some discussion, it was agreed by Mr. McLeod that the sentence would be included.
As there was no further business before the Commission, Chairman Culpepper adjourned the meeting at 8:03 p.m.
Respectfully submitted,
Debra E. Moore
City Clerk