May 24, 2006 PHNA MEETING MINUTES

Board members attending:

Noah Kennedy, Gail Morriss, Kathryn Allen, Candace Volz, Elizabeth Cash, Charles Heimsath

Board members absent:

Bill Britton, Susan Pascoe, Bryan Chester, Mark Mayfield, Pat Tate

Guest: Kim Johnson

The meeting was called to order at approximately 7pm and adjourned at approximately 9pm.  A quorum was present.

 

Agenda Item #1: The Sharp appeal

The owners of the lot behind the Sharps and Johnsons have gotten it replatted by the City, creating a flag lot.  This allows them to sell their garage as a separate home.  The Johnsons and Sharps sued to prevent the lot split but did not prevail in the trial court.  They have appealed and ask the board to provide an amicus letter brief.  The Sharps and Johnsons argue that this lot split sets a precedent for replatting and redeveloping the Edgemont subdivision.  Mr. Johnson was present to answer questions.  The board decided that it should ask a real estate attorney to analyze the situation before it would decide whether to submit an amicus brief.  Charles agreed to contact attorney Terry Bray.  Elizabeth will forward a Word version of the appeal (it is in WordPerfect) to Charles.

Agenda Item #2: Development regulation task force update

Noah, who is a member of the task force, provided an update.  The task force is made of 8 neighborhood and 8 industry representatives.  There is an impervious cover committee and a FAR committee.  The FAR committee reached an agreement that Noah described as a “sausage.”  It had a 12 to 4 support of the task force overall.   The minority then agreed that if the impervious cover committee’s changes were eliminated, they would support the FAR proposal.  This received a 13 to 1 vote, with an industry representative holding out.  The key elements of the compromise are:

  1. a building “tent” which goes up 15 feet from the lot lines,  then tips in at a 45-degree angle in the sides and back.  Deed restrictions would trump this.  There are building elements which can poke through the “tent,” such as gables and dormers, however the plate of the 2nd floor (the ceiling) must fit within the “tent.”
  2. a FAR of 40%.  The first 450 SF of detached garage is not counted.  Attics and basements also don’t count toward FAR.

The loophole which allows someone to pull a remodel permit and do a de facto demolition has been closed.  A city ordinance violation can be a maximum of $500.  But the City may be able to charge as much as $500 per day.  The challenge is that once a demolition is completed, it can no longer be fined.

Individual neighborhoods will be able to raise or lower the FAR as part of their neighborhood planning process.  A neighborhood plan cannot be amended more than once per year.


Agenda Item #3: Meeting with Tobi Futrell, City Manager

After brief discussion, the board voted 6-0 to ask the City Manager to put Pemberton Heights on the list of neighborhoods wanting to lower the speed limit from 30mph to 25mph.  This will allow speeders to be ticketed at a lower speed than the current 37mph.  It was also unanimously agreed that Noah and Gail would request city sprinkler service for the triangle parks already plumbed with water, the city to pay the costs.  They will also ask the City to install a playscape in the triangle at Ethridge and Hartford.

Other Notes:

  • Kim Kinahan has volunteered to moderate the neighborhood crime message board.  There was another burglary on Ethridge last Friday.
  • Charles Johanson’s seminar on protesting property taxes will be presented May 30th at Howson Branch Library from 7-8:45pm.
  • Elizabeth mentioned pursuing neighborhood signs such as those in the Judge’s Hill neighborhood.

**The next meeting is Thursday, July 20, 2006,  at 7pm.

 

Minutes prepared by Elizabeth Cash, Secretary

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