Town Planning & Zoning Meeting Minutes – Wednesday, August 22, 2012

MINUTES OF THE BRUSLY PLANNING & ZONING COMMISSION MEETING
August 22, 2012

The regular meeting of the Brusly Planning & Zoning Commission was held this date, August 22, 2012 at the Brusly Town Hall. Chairperson Rosa Stelly called the meeting to order at 6:30 PM.

Commissioner Purnell led the Pledge of Allegiance. A roll call determined the following officials present:

Chairperson: Rosa Stelly
Commissioners: Kim LeMoine, Gary Soniat, Steve Perkins, Claudette Purnell
Absent: Jeff Travasos, Ronda Perrault

Others present included Tom Acosta, Shane André, Joanne Bourgeois, Clayton Hebert, Gordon Hebert, Richard Hebert, Richard Hebert Jr., Shawn Hima, Cletus Langlois, Inez LeJeune, Julia LeJeune, Don Neisler, Joey Normand, Cheryl Ordeneaux, Arlene Triche, Woody Triche and Jamie Whaley
A motion to approve the minutes of July 25, 2012 as written, was made by Commissioner LeMoine and seconded by Commissioner Purnell. The minutes were approved unanimously.

Commissioner Perrault arrived at 6:32 PM.

Zoning:
Chairperson Stelly read aloud a Variance Request, Sec. 19.32.1 Zoning District R-1- Side Setback for Philip D Roberts at 670 Venzule Dr to reduce the east side set back from 10 feet to 3.5 feet. Chairperson Stelly recognized Mayor Normand. Mayor Normand, speaking for Mr. Roberts, recommended the variance, stating the neighbors were in favor of the variance and there was no increase in fire hazard as a result of the variance. After the Mayor’s recommendation a motion to recommend the variance to the Town Council was made by Commissioner Soniat; seconded by Commissioner Perkins. The motion was approved unanimously.

Chairperson Stelly opened the Public Hearing on the Request for Re-Zoning from R-1 (Single-Family Residential) to B-1 (Transition) of 395 Highway 1 North, Brusly, LOT B-1-A-1 located in Section 14, T-8-S, R-12-E, S.E. for Richard Hebert.
Mr. Cletus Langlois introduced himself, stating he would be representing Mr. Richard Hebert in his request for the re-zoning of his property. Mr. Langlois explained that the property in question has an existing building which has been taxed as commercial for years. Mr. Langlois read aloud the definition of B1 (Traditional) as written in the Town of Brusly Ordinances, explaining the intended use of the property. Mr. Langlois stated that the property meets all requirements set forth for B1 (Transition) by the Town of Brusly Code of Ordinances.

Woody and Arlene Triche spoke in opposition of the re-zoning, stating all surrounding properties are zoned residential. They spoke of concerns that included spot zoning, buffer zones, heavy traffic and noise levels. Mr. Triche also stated that the property is not fronted on a public street, only having access through a private servitude which is located on his property, which would violate the Town of Brusly Code of Ordinances if re-zoned.
Gordon, Richard Jr., Clayton and Richard Hebert spoke in favor of the re-zoning. Mr. Richard Hebert explained that when he bought the piece of property on April 9, 2012, he paid prorated commercial taxes to the Parish of West Baton Rouge for it. Mr. Hebert stated that the West Baton Rouge Assessor’s tax rolls show commercial taxes being paid on the property for the past 70 years, therefore, he feels that the property should be considered “grandfathered.”
Mr. Hebert introduced the surrounding property owners who were present to show support of the re-zoning. These included Gordon Hebert, Chuck Hebert, Michael Hebert and Inez LeJeune.

After all questions were asked and answered, Chairperson Stelly closed the Public Hearing and submitted to the Commission for consideration. A motion to recommend the rezoning to the Town Council was made by Commissioner LeMoine; seconded by Commissioner Soniat. A roll call vote was had with the following results:
Yeas: LeMoine, Perrault, Soniat,
Nays: Stelly, Perkins, Purnell
Absent: Travasos

The request for rezoning was sent to the Town Council without any recommendations.

Planning:
Chairperson Stelly opened the Public Hearing on the proposed “REVISED PRELIMINARY PLAT ORLEANS WEST SUBDIVISION”, dated 07/26/12, for DAGR LLC, located in Sec. 55, T8S-R12E.

Mr. Shawn Hima, of Alvin Fairburn & Associates, LLC, introduced himself and spoke about the Revised Preliminary Plat of Orleans West Subdivision. Mr. Hima explained the changes they were requesting to the existing approved Preliminary Plat, including the elimination of the center two retaining ponds and enlargement of the pond at the end of the subdivision, creating an additional two lots.

Ms. Cheryl Ordeneaux spoke of concerns including turnarounds being insufficient for buses, deeds and restrictions of the subdivision and minimum square footage of houses.

Mr. Hima explained there would be a clause on the plat stating that if for any reason construction was stopped in the middle of any phase, a permanent turnaround would be installed at that point.

Mayor Normand introduced himself and took the podium to speak. Normand explained that the minimum square footage for building a house is 1200 square feet according to the Town of Brusly Code of Ordinances. Mayor Normand also stated that the Town could not address any questions on deeds and restrictions of a subdivision.

After the discussion, Chairperson Stelly closed the Public Hearing and referred the plat to the Commission for consideration. A motion to recommend the revised plat favorably to the Town Council was made by Commissioner Purnell; seconded by Commissioner Perrault. A roll call was had with the following results:
Yeas: Perrault, Stelly, Soniat, Perkins, Purnell, LeMoine
Nays: None
Absent: Travasos

Other Business: None

Remarks of Personal Privilege: None

A motion was made by Commissioner Perrault to adjourn; seconded by Commissioner LeMoine. The motion passed with a unanimous vote. The meeting adjourned at 7:42 PM.

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Patricia Gaudet, Recording Secretary