Minutes from the September 28, 2006
Planning Commission Meeting
7:00 p.m.
1) Attendance: Betty Jameson, Paul Daugherty, Gwen Schieda, Kelly
Bradshaw and John Hofmann.
2) Meeting called to order at 7:05 p.m.
3) Recommendation to Town Council for Isabel damaged lots.
John Hofmann explained his August 2, 2006 memo to Town Council
concerning three lots where the existing structures were damaged and
subsequently demolished. The Zoning Ordinance allows the owner of these
lots to rebuild to any non-conforming standards within one year of the
causualty. The Planning Commission has the authority to grant one 12-
month extension to the initial one-year period. Because of the time period
that has elapsed (3 years since Hurricane Isabel) without the owners of these
lots rebuilding, any new structures will now need to conform to the standards
in the current ordinance.
The three properties in this category are 9213 Bay Avenue and 9300 and
9304 Atlantic Avenue. The owner of 9304 Atlantic Ave. did request a oneyear
extension that was approved by the Planning Commission.
The following comments were received from those in attendance:
a) Randy Hummel, Town Councilman – Any ordinance that is passed
to provide relief to these properties should be written so as not to
allow the owners to obtain any variances to the standards in the
new ordinance.
b) Ron Russo – owner of 9113 Bay – He has had many discussions
with the Town in regards to rebuilding and could have made small
repairs to keep the Town from ordering demolition of the property.
He did agree to demolish the structure several months ago. Wants
the opportunity to be able to either rebuild or sell the property and
not have to comply with current standards. He would like a year
from the adoption of a new ordinance to allow either himself or a
new owner to obtain a building permit.
c) Joe Niosi – owner of 9300 Atlantic Avenue: He was unaware of the
time requirements to rebuild and would like a year to get a permit.
d) Paul Goldstein – owner of 9304 Atlantic Avenue: He originally got
permits after purchasing the property in January of 2004. Because
of cost escalation and his decision to go to school out of state he
did not follow through on his building permit though he did request
and receive the one-year extension. He also wants a year to allow
either himself or a purchaser of his property to get a building
permit.
e) Mike Bojokles, Town Councilman – Wants to give the owners of
these properties the opportunity to rebuild.
f) Denise Lucero, VP of Council – Wants to grant the owners same
relief but noted that other owners of damage properties made an
extra effort to rebuild within the timeframe allowed in the Zoning
Ordinance.
g) Chairwoman Jameson: Observed that the lots owned by Mr. Nosi
at 9300 Atlantic have sufficient space to be able to use the current
ordinance standards with restricting the type of house that would
compatable with the area.
A MOTION was made by Gwen to recommend that the Town Council
approve an ordinance allowing the rebuilding based on the old footprint
and that the owners of the property would have 9 months to apply for a
building permit and 4 months to start building after the permit is
approved. Secondly, the property at 9300 Atlantic Avenue would not be
included in any new ordinance that the Town approves granting relief for
this situation. Seconded by Paul. All in favor. MOTION carries.
4) Minor sub-division – 3940 4th Street – Mike Colaiani:
Mr. Hofmann reviewed Mr. Colaianiis Minor Sub-Division application to
create new lots 33R and 36R from lots 33-36 and part of an alley he owns
in block 24. Lot 33R would contain the existing house and Lot 36R would
be for a new building site. If approved, both lots 33R and 36R would
comply with the standards in the Zoning Ordinance. Mr. Hofmann pointed
out two concerns – one being drainage from Lot 33R running across lot
33R and how it will increase when Lot 36R is built on.
The second sewer concern is that the Town approval of this MSD not
confer any right to a sewer tap until it is purchased by the owner for Lot
36R and the Town has available capacity at the time application is made
by the owner to purchase the sewer tap.
A MOTION was made by Kelly that the MSD be approved subject to
placing notes on the plat to be recorded that address the concerns about
drainage and the sewer tap. Seconded by Gwen. All in favor. MOTION
carries.
Norma Robinson discussed with the Planning Commission the situation
with Mary Sullivan’s two properties on Atlantic Avenue and what is needed
to be able to add onto the existing house when the addition will be
located on the second property. She was advised to consult with Mr.
Hofmann on how to process a minor subdivision that will combine all of
Ms. Sullivan’s lots and eliminate the concern about having one structure
on two different lots.
Meeting adjourned at 8:15 p.m.
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