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2 November 2006 | Approved: 4 January 2006

Chairman John McClelland called the meeting to order at 7:32 p.m. In attendance were Commissioners Darrell Anderson, Peggy Ebner, Bud O’Connor, and Jim Leng. Also in attendance were Town residents Kevin Ambrose, Chris Kirtz, Terry Kirtz, Nancy Haskett, Richard Haskett, Georgette Cole, and Bob Booher.

407 Acorn Lane Update

Chairman McClelland reported that the title examiner hired by Bill Roberts found a great deal of information regarding Town property titled to individual residents from 1957 to the present. The option of pulling the Johnson Alley items only is not available. John stated that Town attorney Bill Roberts believes that the burden of proof is on the resident. The Mayor and Council will need to discuss this and approve or not approve the expenditure of Town funds for this research. The Planning Commission believes that it would be a good use of Town funds. Discussion… Kevin Ambrose would like a copy of the information that the Town attorney has. John McClelland will look in to this.

205 Grove Avenue

Nancy and Richard Haskett (brother & sister) presented a plan to connect the existing garage to the existing home and converting the garage to living space for Nancy. Chairman McClelland explained the potential problems with this, i.e. the second dwelling would not be allowed to have a kitchen, and the Commission looked at the plans. A discussion ensued about the Higdon/Kershaw plans. The Commission unanimously denied this request based on Article VII; Sections 7.1, 7.2, 4.2, and 2.113 and informed the residents of their option to address the matter through the Board of Zoning Appeals. The vote was 4-0.

315 Grove Avenue

Letter to the Town Council: Terry Kirtz stated that she felt that the Planning Commission should have notified her and her husband of the fact that 315 Grove Avenue was an agenda item for the meeting. She also complained about not receiving a copy of a letter written by Chairman John McClelland to the Town Council requesting action on the removal of screening placed on the part of the porch that is on Town property. This request was made by the Planning Commission because they do not have authority over structures on Town property. There was a lengthy discussion about the notification process and the posting of the PC agenda in a timelier manner. John McClelland apologized for listing their property specifically.

Porch Enclosures

Chris Kirtz asked the Planning Commission to address the issue of "winterizing" a porch with a temporary structure. Chairman McClelland stated that temporary structures are not addressed in the Town Ordinances. A lengthy discussion ensued concerning what constituted “winterizing” (i.e. plastic, doors, Plexiglas), if a porch on Town property could be winterized at all, how Montgomery County handles things of this nature, the definition of enclosure, and the definition of open.

A/C Units/ Oil Tanks/Propane Tanks

Set backs: Chairman McClelland asked if the Town Ordinances addressed these items. The answer was no.

Building Permits

The following building permits were discussed and voted on by the Planning Commission:

  • 414 Brown Street – Fence. The Commission reviewed the plan and noted that a real house location survey was not included. Peggy Ebner moved to approve this plan if, and only if, a house location survey is presented with the proposed fence lines on it. John McClelland seconded the motion. Approved unanimously with provisions.
  • 301 Washington Grove Lane – Raise roof on garage to 12 feet. Approved unanimously.

Report from the Town Council

Darrell Anderson reported that the Town Council continues to work on the Municipal Infractions and the Charitable, Religious & Educational Uses in the Residential Zone ordinances. The Town Council approved an amendment to the Condemnation section of the Town Charter.

New Business

Chairman McClelland reported that the Cator property is being presented for annexation again and they are asking for RR-4 Zoning. The Planning Commission is fine with this as long as there are only 3 new homes plus the existing home.

Bud O’Connor brought up the idea of requiring a boundary survey on all properties that are under major renovations and/or tear downs (work over 20K, perhaps). The Commission believes that this idea deserves further thought and discussion.

Missy Yachup – Secretary

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