Planning Commission February 10, 2015

MEMBERS: Mike Ready, Chair; Jonathan Eady, Vice-Chair; Penny England, Vivian Harris, and Ron Manson.  Shawn Gaither, secretary, was absent.

STAFF:  Bob Schwartz, city manager and zoning administrator.

GUESTS:  Edwin Ruggeri, Gina Ruggeri, and Jeremy Ferguson with GABE Properties; and Kendra Mayfield and Daniel Parson with Oxford College. 

OPENING:  Mr. Ready called the meeting to order and welcomed the guests.

PLANNING COMMISSION APPOINTMENTS: Mr. Ready congratulated Ms. Harris and Mr. Manson upon being reappointed to the Planning Commission for new three year terms. Mr. Manson expressed appreciation to the city for the appointment letter he received from Mayor Roseberry.

ELECTION OF OFFICERS: Upon motion of Mr. Manson, seconded by Ms. Harris: Mr. Ready, chair; Mr. Eady, vice chair; and Ms. Gaither, Secretary; were each elected for an additional one year term. The motion passed unanimously.

APPROVAL OF MINUTES: Upon motion of Mr. Manson, seconded by Ms. England, the minutes for the meeting of December 9, 2014 were approved.

GABE PROPERTIES: GABE Properties has submitted two requests for development permit approval for the home they are renovating at 201 Williams Street. They want to build a two-car garage on the east side of the home and add an 8’ x 20’ deck to the back of the house. Ms. Ruggeri started the discussion by stating that they were picking up the pieces after splitting with a former partner. The former partner and contractor had informed them they did not need a permit for this type of construction. After Police Chief Dave Harvey notified them that they needed a permit, they stopped all work on the garage and the deck. Mr. Ruggeri stated they thought they were okay but that since splitting from the partner it has been a nightmare. Ms. Ruggeri wanted to say they were very apologetic for the situation they were in.

Mr. Schwartz presented research which the city had done concerning the location of the edge of the right-of-way for Asbury Street. As a result of the research there were three separate and distinct lines for the edge of the right-of-way. The line which has the most probability of being correct is the line which was extended with the assistance of city engineer Robert Jordan from survey work he had done on Asbury Street several blocks to the south. Using this line, the garage is 21.7 feet from the edge of the Asbury Street right of way. The build to line for Asbury Street is 10 feet (plus or minus 5 feet to be approved by the zoning administrator).

Mr. Eady and the rest of the Planning Commission discussed whether or not just knowing the edge of the right of way was sufficient information. The problem is that we have no survey which shows us definitively the boundary of the lot. We also do not have anything that says whether or not the entire lot is owned by the current property owner.

Upon motion of Mr. Eady, seconded by Mr. Manson, the Planning Commission authorized the chair of the Planning Commission to issue a development permit for this garage when presented with a boundary survey which shows the entire property and locates the current and proposed structure accurately on the survey. This was adopted unanimously.

The second part of the request from GABE properties was for the approval of the addition of an 8’ x 20’ deck to the back of the house.

Upon motion of Mr. Manson, seconded by Ms. Harris, the deck was approved as presented by the property owners. This was adopted unanimously.

OXFORD COLLEGE - FENCE FOR ORGANIC FARM: As requested by Mr. Ready, Mr. Schwartz distributed copies of §40 – 532 - fences and walls; §40 – 869 - visibility at intersections and driveways; and a copy of the section of the May 13, 2014 minutes, which involved the pre-application discussion of a fence for the organic farm. Ms. Mayfield noted that during the May meeting discussion, they learned they have two front yards: one on Emory and one on Bonnell. Their first suggestion was for an eight foot horse fence. What they are presenting tonight is very much different.

The application involves a four foot horse fence with hardware cloth backing along the two front yards, and an eight foot field fence along the other borders. The hardware cloth backing will stop small animals from entering the farm. In addition, the four foot fence will have a temporary four foot extension mounted on top of it. The result would be a temporary fence that extends to eight feet and a permanent fence that extends four feet.

Mr. Parson stated that the organic farm was a resource both for the college and the community. It turns out the local deer like the vegetables being grown at the farm. The purpose of the temporary fence addition is to condition the deer to stay away from the fence and not to come onto the farm.

Mr. Eady acknowledged that the point of all of this is to keep the deer out all the time. Mr. Manson suggested a different fence design. Mr. Daniel noted that he needs some sort of fence in order to be able to grow crops on the organic farm. There was some discussion between Mr. Daniel and members of the Planning Commission about the nature of a temporary fence and the design of the fence. His goal is to take down the temporary four foot extension when and where it is no longer needed. This will depend very much upon the deer.

Upon motion of Mr. Eady, seconded by Ms. England, the Planning Commission approved a development permit to construct a four foot wooden fence along Bonnell and Emory and an eight foot fence around the balance of the property that does not front a road. The motion passed unanimously. (It was noted that no permit is necessary for a temporary fence.)

ADJOURNMENT: Mr. Ready adjourned the meeting at 8:50 PM.

Submitted by:

Bob Schwartz, zoning administrator and city manager