Planning & Zoning Commission Meeting, City of Harlem, GA Page 1
April 15, 2008
Harlem City Hall
The Planning & Zoning Commission met for a hearing at Harlem City Hall on Tuesday, April 15, 2008 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, Clerk Penny Salley, P & Z Clerk Jerry Campbell, and City Attorney Stephen Brown; ABSENT: Vice-Chairman Dale Arnold and City Clerk Debra E. Moore; VISITORS: James Thomas, Jr., Robert M. Hunter, Sylvester and Bettie Howard.
The hearing was called to order by Chairman Culpepper at 7:00 p.m.
The Invocation was given by Commissioner Cunningham.
The Pledge of Allegiance was led by Chairman Culpepper.
Approval of March 11, 2008 Minutes: Chairman Culpepper called for a motion to approve the Minutes of the March 11, 2008 hearing as written; that motion was made by Commissioner Cunningham; 2nd by Commissioner Jennings. Motion carried; all in favor.
Rezoning Request-Robert M. and Billy G. Hunter, Henry Miller Drive, Map & Parcel H03 164K, Zoned B-3 Business: Chairman Culpepper asked Mr. Campbell to present an overview of the request to the Commission. Mr. Campbell reported that the property in questions is the vacant land located behind Dollar General and adjacent to Southern Anchor Bolt. The section of property is 50 feet wide on one side and 35 feet wide on the other side. They are requesting to have the zoning changed from its current zoning of B-3 Business to I-1 Industrial, the current zoning of Southern Anchor Bolt. Mr. Hunter is selling this piece of property to Southern Anchor Bolt for future expansion.
Chairman Culpepper opened the floor to Mr. Hunter for any comments he would like to make to the Commission. Mr. Hunter confirmed the information presented by Mr. Campbell. Chairman Culpepper asked if there were any questions from the Commission. Commissioner Cunningham asked for clarification on the current zonings and Commissioner Jennings had a question on building on the property. The zonings currently are I-1 Industrial for Southern Anchor Bolt and the vacant property is zoned B-3 Business. With the sale of the property they are requesting it to be rezoned I-1 to coincide with the zoning of Southern Anchor Bolt. There is a possibility of future expansion, but this will also get them rear entrance access to the building.
As there was no further discussion, Chairman Culpepper called for a motion from the Commission. Commissioner Cunningham made to the motion to recommend to Council to approve the zoning request as stated; 2nd by Commissioner Jennings. Motion carried; all in favor.
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April 15, 2008
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Variance Request-Bettie Howard, 545 Lamkin Road, Map & Parcel H03 166, Zoned R1-A: Chairman Culpepper asked Mr. Campbell to address the Commission with the request. Mr. Campbell stated that the property consists of 5.85 acres with a two acre pond. The Howard’s will be building their home on this property. In addition to their home they would like to build an 832 square foot cottage with a 217 square foot porch that will be located approximately 25-30 feet from the main structure for the purpose of housing an elderly mother. The property is currently zoned R1-A which provides for only one single residence per lot; this is the reason for the variance request. Also, the street frontage is not sufficient to sub-divide the property.
Chairman Culpepper asked Ms. Howard if she would like to address the Commission. Ms. Howard confirmed the reason for the request and cottage. The cottage will not be used for any other purpose (rental, etc.). There are no plans to sell the property; if sold it would be sold as a total property and not subdivided. This will be their retirement home. Her mother has lived with her for the last 16 years and would like to provide her with a place of her own. Ms. Howard presented the Commission with a copy of their plans; the cottage is actually 20 feet from the main structure. They hope to start construction within the next month.
Chairman Culpepper asked the Commission if they had any questions or concerns. Commissioner Farr had concerns with emergency vehicles having access to the property; Ms. Howard stated that the house and the cottage would share the same circular driveway and there would be no obstructions to reaching the cottage if necessary. Chairman Culpepper asked City Attorney Brown if he had any comments. City Attorney Brown brought up code section 152.235 Authority to Grant Variances of the Planning and Zoning guidelines (Land Usage). In section (C) there are conditions and criteria that are required in granting a variance. The Commission did not find that Ms. Howard’s request was in violation of the criteria; only in having the additional structure on the property. As she is not sub-dividing the property, the variance is necessary. The Commission can put additional conditions on the variance request but he is not recommending that they do that.
Chairman Culpepper called for a motion at this time. Commissioner Jennings made the motion to approve the requested variance of Bettie Howard to put an additional housing structure (cottage) on her property and to recommend approval to Council; 2nd by Commissioner Farr. Discussion-Chairman Culpepper had a question concerning whether we would causing a problem by granting a variance without going through the process to make sure the criteria is met. City Attorney Brown stated that each request would have to be handled separately. Chairman Culpepper still had concerns with granting this one and turning down another; City Attorney Brown they would have to have plausible reasons for a denial. Chairman Culpepper called for a vote. Motion carried; all in favor.
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Covenant Requirements-City Attorney Stephen Brown: City Attorney Brown stated that a question had been brought up at one of the previous Commission meetings about the City’s involvement in the requirements of covenants for sub-divisions; his response was “maybe”. His recommendation is if the Commission has recommendations they felt should be included or further required in the sub-divisions they should be able to take them to Council for consideration to be added to the sub-division regulations in the Planning & Zoning guidelines (Ordinance). Covenants are voluntary restrictions on land use; sub-division regulations are public regulations and are enforced by the City. If the City attempted to require covenants, that would be too vague. The City would have to list the requirements for the covenants for the sub-divisions. Enforcement of the covenants would be another issue; private covenants are not enforced by the City, but by the property owners themselves. City Attorney Brown does not recommend the Commission require that covenants be put in place; leave them voluntary.
As there was no further business before the Commission, Chairman Culpepper called for a motion to adjourn the meeting. That motion was made by Commissioner Cunningham; 2nd by Commissioner Jennings. Motion carried; all in favor. The meeting adjourned at 7:35 p.m.
Respectfully submitted,
Debra E. Moore
City Clerk
Note: As taken by Penny Salley and the recording of the meeting.