November 8, 2005

Harlem City Hall

The Planning and Zoning Commission met for a Hearing at City Hall on Tuesday, November 8, 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 Planning & Zoning Administrative Assistant Dee Tapley. ABSENT: Vice-Chairman Rich Wingate. VISITORS: Julie Blankenship, Carolyn Teets, Bill Teets, Monty Mulkey, John Donald Fite, Mary Fite, C. Terry Blanton, Robert S. Hendrick, Marie Hendrick, Roberta Ramsey and Michael Ramsey.

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

The Invocation was given by City Attorney Fleming.

The Pledge of Allegiance was led by Chairman Culpepper.

Minutes-Chairman Culpepper asked the Commission to look over the Minutes of the October 12, 2005 meeting and to let him know if there were any changes or corrections. Chairman Culpepper called for a motion to approve the Minutes of the October 12, 2005; that motion was made by Commissioner Farr; 2^nd by Commissioner Head. Motion carried; all in favor.

NEW BUSINESS:

John Donald Fite Variance Request- Mr. Fite is requesting a variance on the public street frontage requirement on the property located off Lamkin Road and Fite Drive, legal map and parcel 032 055. This request is pertaining to lots F and G only and the 30 foot easement used by the Ramseys and Teets to gain entrance to their properties. They are asking the Commission to waive the requirement for the road frontage. City Manager Dove responded that the property had not been given prior approval for subdivision (4 lots). There was a prior meeting in March 1999 where there was a request to subdivide the property; it was not approved at that time. Mr. Fite stated that it was an oversight on their part and could they request approval for that tonight; City Manager Dove responded that they could not and that another application would have to be submitted for that. After further discussion, a five minute recess was requested by City Attorney Fleming to get clarification on some of the facts pertaining to the request and the division of the property. The meeting recessed at 7:25 p.m.; the meeting was called back to order at 7:30 p.m.

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NEW BUSINESS (cont’d):

City Attorney Fleming stated that after reviewing the current City Ordinance pertaining to lots, he has found that the Ordinance does not address the subdivision of property. Because of this, the Commission can not use this as a reason to deny the request before them. The City is currently working on updating this Ordinance and it will address this type of issue.

There was discussion pertaining to creating/paving a roadway (extreme expense on the property owner; reason for asking for the variance.) There was discussion on how they would get water to the properties as they would be required to be on City water due to the regulations issued by EPD and the closing of the landfill. The current property owners in the same area have run their lines up to Fite Drive.

City Attorney Fleming made a recommendation to the property owners to request a postponement so that they would not have to re-file a variance request. Mr. Blanton stated that they were not given any information as to the water requirement and feels that the Commission should grant their request for a postponement so that they can get further information and possibly work out an agreement with the property owners to get access to the properties in question.

Note: The Ramseys do own the easement not Mr. Fite; the Teets have permission to use it. The easement is used by both to have access to their homes.

There was a request about whether the easement could be used as a road; City Manager Dove stated that Council would not approve a dirt road that it would have to be paved. Currently the City follows the same Sub-division guidelines as the County and dirt roads are not allowed. There would have to be a variance request to allow the easement to qualify as a road and a variance to install waterlines down the side of the road for access purposes for maintenance of the lines and get the City to accept dedication of the lines and maintenance.

City Attorney Fleming made the recommendation again about asking for a postponement. After a brief break, Attorney Blanton asked for a postponement until January 2006.

Chairman Culpepper called for a motion to postpone the decision of the Commission until January 17, 2006 at 7:00 p.m.; that motion was made by Commissioner Farr; 2nd by Commissioner Jennings. Motion carried; all in favor (4-0).

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NEW BUSINESS (cont’d):

Set Date for Reynolds Variance Request- This was set for December 5, 2005 at 7:00 p.m.

The meeting adjourned at 8:18 p.m.

Respectfully submitted,

Debra E. Moore

City Clerk