August 2, 2005

Harlem City Hall

The Planning & Zoning Commission met for a Hearing at City Hall on Tuesday, August 2, 2005 at 7:00 p.m. with Commission Chairman Bobby Culpepper presiding.

Present: COMMISSION: Commission Chairman Bobby Culpepper, Commissioner Tim Farr, Commissioner Donnie Head, Commissioner Franklin Jennings, and Commissioner Rich Wingate; City Manager Jean R. Dove, City Clerk Debra E. Moore, City Attorney Barry Fleming, Planning & Zoning Director Bobby Newman and Administrative and P&Z Assistant Dee Tapley. VISITORS: Wanda Mills (Maddox)

The meeting was called to order by Chairman Culpepper at 7:00 p.m.

The Invocation was given by Commissioner Wingate.

The Pledge of Allegiance was not done due to a flag not being available.

Rezoning-.63 acres-Louise W. Cook, 180 W. Milledgeville Road- Chairman Culpepper reported that a letter had been received from Ms. Cook withdrawing her rezoning request.

Variance Request-Wanda E. Mills, 395 Harlem-Grovetown Road- Ms. Mills is requesting a variance of 24 ft. on the front setback. There was an error made in the setback information when the building permit was issued for the new house. The front setback for a major road is currently 100 feet from the centerline of the road; Harlem-Grovetown Road is considered a major roadway. The County inspector should have caught the error when the footing was dug and again when it was poured. The front setback was measured by Ms. Mills at 77 feet and by Columbia County at 76 feet.

Chairman Culpepper asked City Attorney Fleming to address the Commission with any concerns he might have. City Attorney Fleming stated that he had concerns that at some future date that the road would be widened into four lanes and how much land would be taken for the right of way if it became a four lane road. He also had concerns with the City’s situation if the owners buy the property and ten to fifteen years from now the City has to come and take part of the property, will they take action against the City because they knowingly allowed the house to be built so close to the right of way. Mr. Fleming questioned Ms. Mills if the property owners were aware of what was going on; Ms. Mills stated that they were. Ms. Mills also stated that she had spoke directly to DOT about the taking of the property in the event that the road was widened. DOT explained the procedure they would go through if the road were to be widened. They told her that to add two lanes to the road you would need ten feet for both lanes. That doesn’t mean they would take ten on each side, but that it could be a combination. It would be based on the information they gather doing an aerial view of the roadway.

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August 2, 2005

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Variance Request-Wanda Mills (cont’d) - Attorney Fleming stated that if the City were to grant the variance, they would need two things from Ms. Mills. There would need to be a signed agreement between Ms. Mills and the City that if the City were sued over this that Ms. Mills would indemnify the City for any loses. The other would be the City would need to have a record of notice to the owners of the situation that exists. The notice should basically summarize the conversations of today (taking of the property or portion of the property, the possibility of widening of the road, discussions with DOT, etc.). This would probably be the best that can be done to protect the City against any future action by the property owner.

Ms. Mills asked that if the variance is not approved, will the City take care of part of the cost of having to take down the present work that had already been completed. Mr. Fleming responded that as in an earlier conversation he had had with her today, it is the responsibility of the contractors to know the City Ordinances and any changes that have been made.

City Attorney Fleming stated that from a legal standpoint the fair thing to do would be to grant the variance with the two conditions he proposed (indemnification of the City and record of notice to the owners). Chairman Culpepper called for a motion to make a recommendation to Council to grant the conditional variance to Ms. Mills; that motion was made by Commissioner Farr; 2^nd by Commissioner Wingate. Motion carried; the vote was four to one with Commissioner Head not in favor. Mr. Fleming will get a proposal to Ms. Mills on the conditional items by this Friday, August 5, 2005.

Planning and Zoning Training- City Manager Dove reported that the Planning & Zoning training has been set up for Saturday, September 10 at with Scot Wrighton of the Carl Vinson Institute of Government. The time and place have been tentatively set for the Library from 9:00 am to 3:00 pm.

Being there was no more business; Chairman Culpepper adjourned the meeting at 7:45 p.m.

Respectfully submitted,

Debra E. Moore

City Clerk