96 FEB 14
MINUTES: BOARD OF ADJUSTMENT
DATE AND TIME: February 14, 1996 4:00 p.m.- 4:23 p.m.
ATTENDANCE: Commissioners: Chairman Art Brannen,
Rudy Reid, Jack Patton, B.J. Boroughs,
Larry Baldwin.
Code Enforcement Officer Vern Howell
PETITIONER: Mr. Ray Patel (Hampton Inn)
Variance requested: Setbacks and Height Waiver which
violates Jacksonville Municipal Code
18.68.050
Mr. Andy West
Variance requested: Request Conditional Use in C-2 zoning
relates to Jacksonville Municipal Code
18.44.030
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City Clerk Lula M. Leonard recorded those listed above in attendance
and Chairman Brannen declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Reid moved, seconded by Commissioner Patton that the
minutes of the Board of Adjustment Meeting of January 23, 1996 be
APPROVED. MOTION CARRIED.
Chairman Brannen voiced the request which was referred from the
Planning Commission for action by the Board of Adjustment. He
suggested that each request be dealt with separately.
HAMPTON INN:
Waiver on required setback from 50' to 30':
Chairman Brannen related that this request is to accommodate a canopy
that is proposed for the front of the building.
City Engineer Reel injected that a sewer line located on the property
which serves the adjacent business is the reason for the request,
pointing out that they cannot relocate the proposed construction
without interfering with that easement.
Chairman Brannen pointed out that the building itself would be
constructed behind the required 50' setback.
Discussion ensued as to general location of the proposed construction
and various comments were made regarding the proposed sign for the
property. Other discussion centered around circumstances of how the
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sewer easement was built and came to be maintained by the City of
Jacksonville.
BOARD OF ADJUSTMENT
February 14, 1996
Commissioner Reid moved, seconded by Commissioner Baldwin to grant a
waiver for a front yard setback of 30' to accommodate a canopy.
MOTION CARRIED.
Waiver on required side yard setback from 15' to 13'
Chairman Brannen inquired as to the reason for the requested
variance.
City Engineer Reel related that it had been presented as such on the
original plot plan and enumerated by the Planning Commission. It was
further related by the City Engineer that the two feet did not cause
a problem for their construction either way. It was related that the
petitioners did not object to keeping with the required 15' setback.
In response to a question posed by Commissioner Boroughs, City
Engineer Reel related that 15' is the standard for commercial
business unless they construct a fire wall with a four-hour fire
rating. He related that a fire wall has not been discussed with the
architect of the project. He then related that it is his
understanding that part of the reason for the requested variance is
to accommodate 16" pilasters to be located in the back of the
building.
Commissioner Boroughs stated that he would like to keep the required
15' side yard setback, which would accommodate fire code for fire
access, unless it would create a hardship for the developer
Commissioner Boroughs moved, seconded by Commissioner Reid to deny
the request and stay with the 15' setback. MOTION CARRIED.
Waiver for maximum height requirement:
Chairman Brannen related that the proposed construction is for a 32'
3 story building, advising that the Jacksonville Municipal Code reads
2 1/2 limit for stories and 35' for height.
It was related by City Engineer Reel that the proposed construction
is more than 2 1/2 stories but less than 35'.
City Attorney Bamburg pointed out that if construction is more than 2
1/2 stories but under 35' a variance is still needed.
Commissioner Baldwin moved, seconded by Commissioner Patton to
approve a waiver for a three story building under 35' in height.
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MOTION CARRIED.
BOARD OF ADJUSTMENT
February 14, 1996
MR. ANDY WEST: Conditional Use in C-2 zoning
Chairman Brannen related the conditional use request for an auto
repair and glass shop to be located 2500 T.P. White Drive which was
recently rezoned to C-2 by the Planning Commission.
City Attorney Bamburg explained the action which the Board has for
consideration noting that auto repair is only a permitted use under
C-3 and C-4 zoning classifications. He related that any conditional
use would require a waiver from the Board of Adjustment. He pointed
out that auto repair usually includes mechanical repairs as well as
glass repairs. He further related that Mr. West's request falls
under auto repair classification although he only desires to repair
the glass portion of automobile repairs.
It was stated in general discussion that approval of this request by
the Board would not allow for any other type of auto repair except
glass.
Commissioner Reid questioned the method of storage for the glass
materials which would be used in the operation of this type of
business. It was disclosed that the materials would not be stored
outside.
Commissioner Patton related that after viewing the area, he could not
see where the request would present a problem.
Chairman Brannen clarified that conditional use is a on temporary
basis which would revert back to original status upon sale of the
property or if Mr. West were to discontinue operation of his
business.
Commissioner Boroughs moved, seconded by Commissioner Reid to grant a
conditional use variance for an auto glass repair shop located at
2500 T.P. White Drive. MOTION CARRIED.
Chairman Brannen adjourned the meeting at approximately 4:23 p.m.
Respectfully,
__________________________ _________________________
Lula M. Leonard CHAIRMAN Art Brannen
BOARD OF ADJUSTMENT
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