December 6, 2005

Harlem City Hall

The Planning and Zoning Commission met for a Hearing at City Hall on Tuesday, December 6, 2005 at 7:00 p.m. with Chairman Bobby Culpepper presiding.

Present: COMMISSION: Chairman Bobby Culpepper, Commissioner Donnie Head, Commissioner Tim Farr, and Commissioner Franklin Jennings; City Manager Jean R. Dove, City Clerk Debra E. Moore, City Attorney Barry Fleming and P&Z Administrative Assistant Dee Tapley. VISITORS: Andrew Reynolds, Steve and Loreen Reynolds, and Ann Blalock. ABSENT: Vice-Chairman Rich Wingate.

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

The Invocation was given by City Attorney Fleming.

The Pledge of Allegiance was led by Chairman Culpepper.

Minutes- Chairman Culpepper called for a motion to approve the Minutes of the November 8, 2005 meeting; that motion was made by Commissioner Farr; 2^nd by Commissioner Head. Discussion-Commissioner Head pointed out that the date set for the December meeting was the sixth and not the fifth. The November minutes will be corrected to reflect that change. Also, City Attorney Fleming stated that he had sent a letter to the attorney (Blanton) for the Fites. The letter was informing them on what information they would need to have in January. Motion carried; all in favor.

NEW BUSINESS:

Steven Reynolds Variance Request- Mr. Reynolds is requesting a variance on the side setback of eight feet (8’) and on the front setback of fifty-six feet (56’) on their property located at 325 W. Church Street; legal map and parcel H03 187. Mr. Reynolds addressed the Commission. He stated that they were unaware of the need of a building permit when installing a non-permanent carport cover; the business where the cover was purchased from told them they had no idea as well. He further stated that he had spoken with Columbia County and that they do not require a permit on this type of structure if the cost is $1,000.00 or less. City Manager Dove responded that the permit is issued due to the County requiring these structures be inspected to make sure they are anchored correctly. Mr. Reynolds also brought up the issue that in the neighborhood they live in (Shady Grove), there are several people who have the same structures and whether they had to get permits or if they had to come before the Commission. Mr. Reynolds stated that the cost and time of moving the carport would be more than the carport itself. It was placed where it was due to the large oak tree next to the driveway. Since the installation of the carport there have been at least two limbs that have fallen from the tree and having the carport has prevented any damage to the vehicles that are parked there. The carport can

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NEW BUSINESS (cont’d):

Reynolds Variance Request- accommodate two vehicles and they feel that there would be no problems with emergency vehicles getting access to the back of the house, if need be.

Chairman Culpepper stated that the Ordinance requires homeowners to have an 80-foot front setback and a 15-foot side setback; currently the property has only a 50-foot front setback. The house was built in the 40’s prior to the setback regulations being put in place. City Attorney Fleming questioned as to who the neighbors were on either side of their property and if any complaints had been received. The property on the side that the carport is on belongs to Ms. Dove and is a rental property; the property on the opposite side belongs to a family member of Mr. Culpepper’s daughter in law. Ms. Tapley stated that to date she had not received any complaints about the carport.

Chairman Culpepper asked for guidance from City Attorney Fleming on approving the request. Mr. Fleming responded that they could look at several different things. First, whether any complaints had been received from the neighbors; second, whether it would impede emergency vehicles from gaining access to the backyard; third, if there is a need for structure. There have been no complaints; it appears the back end is open and there is nothing on either side of the house; and there is an old oak tree located right next to the driveway and having the carport did prevent damage to the owner’s vehicle when limbs fell from the tree. The Commission needs to look for things that make this different. The structure can be moved; if it had been made out of bricks and mortar which would present another set of questions. It would be more permanent; where as the current structure could possibly be there on ten or fifteen years.

Chairman Culpepper asked if there were any further questions and if not, he called for a motion from the Commission. Commissioner Jennings that as it was not a permanent structure, no complaints had been received and that the having the structure in place does prevent the danger of falling limbs from the old oak tree, he made the motion to make a recommendation to Council to approve the variance requested; 2nd by Commissioner Head. The motion carried by a vote of 3-1 with Commissioner Farr voting against. Chairman Culpepper explained to the Reynolds that this is only a recommendation to Council and that they have the final vote to approve or disapprove the request. City Attorney Fleming made the recommendation to the Reynolds that they should attend both the Works Session (December 8, 2005) and the Council Meeting (December 12, 2005).

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Recommendations were made from the Commissioners for information to be placed in the newsletter to let people know that building permits are required and that the owners of these types of businesses are informed of the same.

The meeting adjourned at 7:33 p.m.

Respectfully submitted,

Debra E. Moore

City Clerk