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97 AUG 11.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 11, 1997 7:00 P.M. - 7:45 P.M. OPENING REMARKS: Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Bill Corroum, Rudy Reid, Bob Walker, Art Brannen, and John Hardwick answered ROLL CALL. Commissioner Nixon and Perry were absent. Chairman Bart Gray Jr. also answered ROLL CALL and declared a quorum. PRESENT six (6), ABSENT (1). (One opening on Planning Commission) Others present for the meeting were City Attorney Robert Bamburg, City Engineer Duane Reel, Deputy City Clerk Susan Davitt, Marci Wilson, petitioners, and members of the press. PUBLIC HEARINGS: a. Conditional Use: 9000 South Hwy 161/Residence in C-1 zoning (Petitioner: Cecil Brittain) Chairman Gray opened the public hearing at approximately 7:00 p.m. It was noted for the record that all properties for public hearing were properly posted and advertised. Mr. Cecil Brittain related that the property and house were purchased in 1985 and that after an addition to the house it operated as a daycare center. He stated that the property became vacant, then leased to new tenants who expressed desires to maintain a residence in a portion of the building while operating the daycare facility. He stated that the building will need to meet with Fire Department regulations regarding the operation of both a home and daycare facility. No one spoke in opposition to the request. Chairman Gray closed the public hearing at approximately 7:07 p.m. In response to a question posed by Commissioner Brannen, City Engineer Reel related that the Fire Marshall and the Code Enforcement Officers will make their inspections regarding regulations before a certificate of occupancy is issued. Commissioner Corroum moved, seconded by Commissioner Reid that the request be approved for a residence in a C-1 zone stipulating that it meets with Code approval. MOTION CARRIED. Chairman Gray clarified that a conditional use permit is granted to a person, or for a specific period of time, or for some 1 existing CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 11, 1997 7:00 P.M. - 7:45 P.M. condition; adding that when variances are granted they extend only while owners who petitioned still own the property and are not automatically transferred to new owners or operators. It was noted that Code Enforcement Officers have the opportunity to check conditional use variances granted during the privilege tax process to previous owners or operators. Commissioner Brannen offered that residential variances are usually granted for a specific period of time. b. Conditional Use of a mobile home in a R-1 zone located at 912 King Street (Petitioner: Zerah Ervin) Chairman Gray opened the public hearing at approximately 7:13 p.m. Mrs. Zerah Ervin of 912 King Street stated her request and related that for reasons regarding her husbands health she was requesting placement of the mobile home for her granddaughter who would help with his care. No one spoke in opposition to the request. Chairman Gray closed the public hearing at approximately 7:15 p.m. In response to questions posed by Commissioner Hardwick and concerns voiced by Commissioner Reid, Mrs. Ervin stated that she felt a single wide mobile home would be purchased and related aesthetic intentions regarding placement of the mobile home. Commissioner Brannen remarked that if she maintains the mobile home as well as she does her present home, he does not see any problems regarding aesthetics. Discussion ensued regarding a temporary basis and the time needed as condition warrants. Questions regarding a site built home were considered. Mrs. Ervin related that having her granddaughter close would be mutually beneficial. Chairman Gray made reference to a petition signed by Mrs. Ervin's neighbors accepting her request and stated that the conditional use needs to carry a consideration for time placement as needed. He explained the difference between a conditional use and actually rezoning the property. Commissioner Corroum questioned addressing the item as a "situation which warrants meeting the needs of the family" versus specified time considerations. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 11, 1997 7:00 P.M. - 7:45 P.M. Commissioner Brannen moved to grant a conditional use variance for mobile home placement at 912 King Street stipulating that the item be brought back before the Commission in three years if the situations still exists. MOTION DIED FOR LACK OF A SECOND. Giving consideration to expense of renewal process in a three year period of time and approval of Mrs. Ervin's neighbors Commissioner Hardwick made the following motion. Commissioner Hardwick moved, seconded by Commissioner Walker to approve a conditional use variance for placement of a mobile home at 912 King Street stipulating that the petitioner purchase and underpin a new unit, giving time of placement for as long as Mr. and Mrs. Ervin live or reside at the property. MOTION CARRIED. c. 507 Loop Road Conditional Use for C-1 business in a C-3 zone. (Petitioner: Ardith Kellar) Chairman Gray opened the public hearing at approximately 7:29 p.m. Chairman Gray determined that no one was present to speak either for or against the item of business. Commissioner Brannen moved, seconded by Commissioner Reid to table the item of business until the petitioner or a representative can be present. MOTION CARRIED. Chairman Gray closed the public hearing at approximately 7:30 p.m. d. 103 Cambridge Cove Maximum Square Footage Variance regarding an Accessory Building. Chairman Gray opened the public hearing at approximately 7:30 p.m. Mr. Norman A. Provencial, representing Mr. Hugh Hensley, stated that Mr. Hensley owns an oversized lot and has already obtained a building permit for a 650 square foot accessory building; but is requesting a 900 square ft. building so that he can house antique cars he owns. In response to a question posed by Commissioner Hardwick Mr. Provencial related that the building would be approximately 13'6" in height. 3 Chairman Gray closed the public hearing at approximately 7:32 p.m. with no one present to speak in opposition. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 11, 1997 7:00 P.M. - 7:45 P.M. Discussion ensued as to construction progress, setbacks and adjoining property. It was noted that the owner of the rental property adjacent to the west has been contacted and that there has been no opposition with regard to the proposed 30'x 30' building which will match the exterior of the existing home using vinyl siding and a contoured roof. He said that on the east side of the accessory building there will be two eight foot overhead aluminum garage doors, a personal door and two windows. He pointed out that the width of the driveway will be eight feet seven inches. City Engineer said that the City has no problem with the proposed building in that it will match the existing home and that the structure will not be offensive. Commissioner Hardwick moved, seconded by Commissioner Corroum to approve the variance for construction of a 900 square foot accessory building to be located at 103 Cambridge Cove as requested. MOTION CARRIED. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Walker to approve the minutes of the Regular Planning Commission Meeting of July 14, 1997. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLATS: ANNOUNCEMENTS: POSTING OF PROPERTY: City Attorney Bamburg pointed out that passage of Ordinance 1082, passed by the City Council recently, sets forth that the Code Enforcement Office will be responsible for the posting of property, advertised through the office of the City Clerk, for public hearings related to action by City Boards and Commissions. FENCING: City Engineer Reel encouraged those on a committee, working on an ordinance for more control over undesirable areas with regard to automobile storage, etc., to give special consideration to definitions. 4 Chairman Gray voiced that he will appoint two members to the CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 11, 1997 7:00 P.M. - 7:45 P.M. committee in the next few days. ADJOURNMENT: At this time Chairman Gray adjourned the meeting at approximately 7:45 p.m. Respectfully, Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER 5