PUBLIC HEARING

Tax Parcel H002 086A

(Property to the Rear of Timberlake Plaza)

Tuesday, October 15, 2024, 6pm

50 River Street, Council Chambers

Hiawassee, GA  30546

1. Call to order – Nancy Noblet

   • Invocation – Bonnie Kendrick

   • Pledge of Allegiance

2. Meeting Guidelines to be followed – Nancy Noblet

3. Speakers FOR the Variance

4. Speakers AGAINST Variance

5. Adjournment

City Building & Planning Committee Public Hearing Minutes- Tuesday, October 15, 2024, 6 pm

Planning Committee Chairperson Nancy Noblet called to order the public hearing regarding the Discovery Homes/Timberlake Plaza (Tax Parcel H002 086A - Property to the Rear of Timberlake Plaza) set back variance request on Tuesday October 15th, 2024, at 6 PM in Council Chambers at City Hall 50 River Street Hiawassee, GA  30546.

Present in addition to Chairperson Noblet, were Committee members Ken Pollard, Paul Scherer, Matt Espalin and Jonathan Wilson. City Council member Amy Barrett was also present. Staff present were Court/Permitting Clerk Sheryl Branson and City Clerk Bonnie Kendrick.  City Attorney Thomas Mitchell and Building Inspector Randy Day were also present.

The invocation was given by Hiawassee City Clerk Bonnie Kendrick and was followed by the Pledge of Allegiance.

Chairperson Nancy Noblet briefly outlined the normal meeting guidelines however, no one had signed up to speak either for or against the project.  She asked Cale Crawford, owner of Discovery Homes, to speak about the variance he is requesting.  Mr. Crawford state that he is requesting a variance on set back from the parking lot to 2’.  He presented an encroachment agreement with the owner of the Timberlake Plaza – his father, James Crawford.  He also stated he has reduced the size of the building from the original request (41’) to 38’.   That is a set back of 10’ to the rear of the building and 2’ to the front.  There is 50’ from property line to property line.  Restriping the parking lot will result in an additional 10 spaces and 1 handicapped spot.  Mr.  Crawford currently occupies 3 separate spaces in the Timberlake Plaza and has outgrown it.  He would like to stay but needs additional warehouse space.

Attorney Thomas Mitchell advised that the sewer line that runs through the parking lot needs a 15’ buffer for access should repairs be needed.  He also stated that any construction can’t create extraordinary public expense should repairs be necessary.

A manhole and drainage are in the parking area.  Committee Chair Noblet had photos on her phone of the area where the sewer line crosses the parking lot, which she showed the Committee members and Mr. Crawford.  In addition, Attorney Mitchell showed the Committee members where the sewer line is in relation to the map on QPublic of the property.

Council member Amy Barrett expressed concern regarding safety due to the parking lot being so close to the building. 

Mr. Crawford stated that our ordinance states that a variance could be given if the lot is a peculiar shape making it difficult to comply.  He had originally designed 1 structure with 4 apartments, a warehouse, office, showroom and a retail store.  However, the ordinance only allows for 2 apartments due to the lot size (6 living spaces/acre – Mr. Crawford’s lot is 1/3 acre – therefore only 2 would be allowed.  Mr. Crawford had been unable to find this in the ordinance – Attorney Mitchell stated it was in Chapter 26, section 9.1 subsection D.

Chairperson Noblet stated that the committee is trying to apply the ordinance fairly and equitably for all.  Scott Benton pointed out that the ordinance appears to favor townhouses (3 acres could have 12 single family homes, but that same acreage could have 18 townhouses).

Several committee members were concerned about the location of the sewer lines relative to the proposed structure.  Mr. Crawford was asked to put stakes out where the structure would be located, and the committee members will individually view this.  Mr. Crawford agreed to do so and agreed to comply with the 15’ utility easement and will design the building based on space available for the building.  Because the building will need to be smaller, he stated he would likely lose the retail space he had anticipated.

Council member Amy Barrett asked if the apartments would need to be ADA compliant, but because they will not be government funded, that is not required.

Attorney Mitchell reminded the committee they would be required to decide within 30 days and that if directed, he would produce a written opinion.  He also suggested that photographs be taken for the record of the staked-out building.  He also suggested to Mr. Crawford do a more formal easement agreement (notarized).

Committee set the meeting to decide on the setback variance request to Monday, October 21, 2024, at 6 pm in Council Chambers at City Hall.  Attorney Mitchell will call into that meeting.

Chairperson Nancy Noblet adjourned the meeting at 6:48 pm.

Adjournment