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00 AUG 14 MINUTES: BOARD OF ADJUSTMENT DATE AND TIME: August 14, 2000/ 6:30 p.m.- 6:55 p.m. ATTENDANCE: Chairman Bart Gray, Jr. Commissioners: John Hardwick, and Martha Boyd Chairman Gray noted one position open City Engineer Whisker represented the City of Jacksonville PETITIONERS: Variance requested: Millennium Home Sales, Inc 2208 T.P. White Drive Jacksonville, AR 72076 Sign Variance (Chapter 18.76.et seq.) _______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Gray declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Boyd moved, seconded by Commissioner Hardwick to approve the Regularly Scheduled Meeting minutes of the December 13, 1999 as amended and the Regularly Scheduled Meeting minutes of the March 13, 2000 as presented. MOTION CARRIED with Chairman Gray voting AYE. Chairman Gray opened the public hearing at approximately 6:30 p.m. Mr. Lynn Kelley owner of Millennium Home Sales, 2208 T.P. White Drive apologized regarding placement of signs in violation to Code. He explained that he was unaware of the violation until informed by Code Enforcement Officer Mr. Mills. He related that he leases part of the lot located at 2208 T.P. White where there are three separate businesses. He then related a problem regarding separation between the businesses and people knowing where his business is versus the other businesses. He stated that he entered the lease through association with a company in Arizona called ADI. He said that they are planning to take down the front fence and replace it with a white Mylar fence 36” high. He described that it would have three rails and come inside the fence area with another white Mylar fence and stripe it for a parking area. He stated that until he can generate some traffic and have his business location recognized he needs to place signs that will offer that opportunity. He stated that he has already purchased a permit for a 10’ x 20’, 30-foot-high sign, which should be in at the end of August. He stated that he is requesting to be allowed to keep the banner signs or be allowed to do so for a bit of time in order to generate traffic and recognition. He stated that he signed a 15-year lease and that his father, Gerald Nelson is the general manager. He then requested placement for a 3’x 3’ sign on the gate. He stated that the sign being built is going to face from both directions, but added that he would like a 3’ x 3’ entrance sign saying “Millennium Home Entrance”, coming into the gate. 1 Chairman Gray clarified that the contracted sign being built is a 10’ x 20’ double face sign with a maximum height of 30 feet. BOARD OF ADJUSTMENT continued: August 14, 2000 Mr. Kelley agreed and added that it will be on steel poles. In response to a question from Chairman Gray, Mr. Kelley related that the th deadline date for construction is August 24and that the sign would say “Millennium Home Sales” with a telephone number. Chairman Gray pointed out that the sign would actually be the sign that will address the location of Millennium Home Sales. In response to a question from Commissioner Hardwick, City Engineer Whisker related that the permanent sign does not require a variance. He clarified that the location is allotted two signs along the front of his building as shown and the one that will be erected looks like it complies with the 200 square foot maximum. Commissioner Hardwick stated that it is his understanding that the request for variance is for the three banner signs and one 3’ x 3’ (Millennium Homes entrance) sign similar to the two existing signs of (Please use side entrance) and (Fairfax Supply) as shown in the photographs already on the gate. Chairman Gray asked that the record reflect according to City ordinances that the sign hung on the edge of the building meets City Code. Discussion ensued and it was noted that the 10’ X 20’, 30-foot-high illuminated permitted double face sign, 4’ X 8’ marquee sign inside the lot area is allowable under the Code. It was pointed out that the signs currently located outside on the fence are not allowable by Code and is part of the request for variance plus an additional entrance sign. Chairman Gray questioned the current number of entrance signs. City Engineer Whisker stated that he believes the problem comes in that Fairfax requires customers to use the Madden Road entrance and Quality Furniture uses the T.P. White entrance, adding that there is a yellow rope hanging from the fence to the building to keep the traffic from flowing through or cutting the corner. Mr. Kelley related that the other problem is that Fairfax has a sign hanging at the south end which Mike (the owner) is going to leave there. He stated that it is his assumption that the sign was granted a variance for Fairfax. He related that it leads everyone to think that his business is Fairfax. Commissioner Hardwick clarified that the sign at the south end faces traffic coming up T.P. White from the old Wal-Mart was granted a waiver. 2 Chairman Gray pointed out that all the signs currently located on the north side of the building are the same signs that the Board actually suggested and allowed Fairfax to hang on a pole double face, but he chose to move them and decorated the building. BOARD OF ADJUSTMENT continued: August 14, 2000 Chairman Gray informed Mr. Kelley that the Board has addressed sign issues at this location on two other occasions in the last nine months. He related that the Board welcomes Millennium Home Sales to the community and supports its long term success. He pointed out that even though signs have been of great discussion recently and is now before the Board again, it seems a clear resolution has not been arrived at. In response to a question from Commissioner Hardwick, Mr. Kelley answered that he is the third and final tenant of available lease property. Commissioner Hardwick stated that long term he definitely does not want signs to remain on the fence, adding that the same issue was addressed with Fairfax and it would not be fair to let Mr. Kelley have them. He related that he recognizes Mr. Kelley’s problem and personally does not have a problem with the 3’ X 3’ sign on the gate. He continued saying that the two big signs are in compliance and proposed that he be allowed to leave the two banner signs for Millennium Home Sales up for 90-days, which would hopefully accomplish part of the task of informing the public that Millennium is now open. He added that he does not care about the credit company banner because it does not identify Millennium and supported a waiver for the small sign on the gate. Commissioner Hardwick moved, seconded by Commissioner Boyd to allow Millennium Home Sales to keep the two banner signs hanging on the fence identifying Millennium Homes for 90-days and grant a waiver for a 3’ X 3’ entrance sign on the gate. In response to a request for clarification regarding the sign on the gate in lieu of other signs, Commissioner Hardwick stated that Mr. Kelley wants a sign on the front gate for entrance identification. Mr. Kelley pointed out the desired location in pictures of the front gate for the proposed entrance sign, showing where the gate connects and saying that he is going to take down the fence backwards from that point illustrating the part to remain, adding that what he needs is something that identifies this as the entrance to Millennium Homes. Chairman Gray asked if Mr. Kelley had given consideration to having a joint entrance sign with Quality Furniture. Mr. Kelley responded that he had and that Quality Furniture is facing the same business separation issues. He related that he feels the white Mylar fence will help to establish more separation, but added that he 3 still does not feel people know his location. He then related that there has not been much traffic in the last two weeks. He said that he has driven around and there has been a lot of traffic out for mobile home shoppers, but he does not honestly think they are aware of his location because of comments from customers. He related that the 90-day allowance would be an ideal situation because of what it would provide him. He related that he has a good name in the business and has been in business six years. He related that he understands his need to advertise and let people know of his location. BOARD OF ADJUSTMENT continued: August 14, 2000 Chairman Gray stated that the reason he feels the need to address this is because reasonably it is already so busy, and that some form of signage needs to be addressed that identifies the one front entrance as the entry for both businesses, adding that he is somewhat concerned that it would require some kind of pointer system. Mr. Kelley related that they (Millennium Homes and Quality Furniture) have talked to Mike (Fairfax Owner) about relocation of some of the signs. He said that he has requested Fairfax relocate their two signs on the gate, but has not received an answer from them. He expressed that it is a problem for him and that he had believed that the company in Arizona had worked through this during the lease agreement. Chairman Gray related that some of those signs are the original signs that, as the only occupant, Fairfax needed and wanted but now there are additional tenants with signage needs. City Engineer Whisker stated that the actual motion allowed him to have a sign at the south end of the property, all other signs to be moved to a pole and two small entrance signs to remain on the fence gates. Chairman Gray stated that the intention is that with a common ownership of the whole property and three different tenants; perhaps it is incumbent upon the common ownership as with most shopping areas to provide one sign that provides an entrance sign for all tenants with reasonable direction. He stated that Quality Furniture and Fairfax have entrance signs and now Millennium Home Sales needs one, pointing out that they all have the same need in letting the public know they are there. Commissioner Hardwick stated that he did not think the Board would have granted the waiver for Fairfax on the south end fence if there were going to be two businesses between him and the south fence. Chairman Gray concurred, saying that the current motion is fair and adequate but he believes some requirements should be placed back on Fairfax and Quality Furniture. Commissioner Hardwick questioned legal ramifications of doing so after the waiver has been granted and questioned if the Board can request signs be incorporate in another sign. 4 Chairman Gray stated that the Board could suggest that Fairfax and Quality Furniture combine with Mr. Kelley and the Board would then allow one entrance sign with arrows to make it presentable for all three businesses. He added that it would be a more attractive signage package for the property. Chairman Gray offered as a friendly amendment to the motion a denial from the Board regarding the 3’ X 3’ sign for the front gate in lieu of combined signage. BOARD OF ADJUSTMENT continued: August 14, 2000 He then suggested that the denial be a recommendation incumbent that the Board wants Millennium to have an entrance sign, but are suggesting one sign as a common effort from the owner to present that. Commissioner Hardwick addressed Mr. Kelley questioning the possibility of a common signage effort from the owner, adding that it would look better for the property and everyone located there. Mr. Kelley stated that based on conversations with the owner he did not feel this to be likely. Commissioner Hardwick clarified and Chairman Gray agreed that the amendment would be to deny Mr. Kelley the 3’ X 3’ sign, unless it can be incorporated into a sign with the other two businesses. Commissioner Hardwick stated that it would be great if all the business on the lot could incorporate in signage, adding that he did not feel it would be fair if that doesn’t happen. Chairman Gray agreed. Chairman Gray related that he feels without that as a stipulation it is unlikely to happen. He offered that this as an opportunity for the owner to adjust signage at the corner for himself and the two tenants. Commissioner Hardwick seconded the motion to amend. Commissioner Hardwick clarified that his stipulation in the original motion of 90-days regarding the banner signs be counted from today and further clarified that it would be 90-days for the two banners advertising Millennium Homes and the time frame offered by the City Engineer for the third banner, mentioning that to be the end of August. Motion is amended to read: Commissioner Hardwick moved, seconded by Commissioner Boyd and moved to amend by Chairman Gray, seconded by Commissioner Hardwick to allow Millennium Home Sales to keep the two banner signs hanging on the fence identifying Millennium Homes for 90-days from today, to allow the third banner sign to remain until the end of August and to deny the request for 5 a waiver regarding a 3’ X 3’ entrance sign on the gate in favor of recommendation that all three businesses located at 2208 T.P. White Drive combine signage with directional indication for a more attractive signage package. MOTION CARRIED with Chairman Gray Voting AYE. ADJOURNMENT: Chairman Gray adjourned the meeting at approximately 6:55 p.m. MOTION CARRIED. Respectfully, __________________________ _________________________ Susan L. Davitt Bart Gray, Jr. CITY CLERK - TREASURER CHAIRMAN 6