00 NOV 13MINUTES: BOARD OF ADJUSTMENT
DATE AND TIME: November 13, 2000/ 6:30 p.m. 6:55 p.m.
ATTENDANCE: Chairman Bart Gray, Jr.
Commissioners: John Hardwick,
Mark Perry, and Martha Boyd
City Engineer Whisker represented
the City of Jacksonville
PETITIONERS:
Variance requested: 6021 General Samuels Road
Accessory Building
Maximum Square Footage Allowance
(Chapter 18.86.020)
1308 North First Street
Auto Parts Store
Side Yard Setback
(Chapter 18.68.050)
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City Clerk Susan Davitt recorded those listed above in attendance and Chairman Gray declared a quorum.
a. 6021 General Samuels Road/Mr. Thomas C. Dawson
Chairman Gray opened the public hearing at approximately 6:32 p.m.
Mr. Thomas C. Dawson of 6021 General Samuels Road, stated that he wanted to build a workshop in his back yard.
Discussion ensued and it was related that the building would not be heated/cooled and that the only neighbor is on one side does not mind the variance. He then stated that he is planning
to remove the existing metal building.
Commissioner Hardwick remarked that he felt that the code was more intended for subdivisions rather than homes with acreage and that his only concern would be the potential to be a commercial
operation. Mr. Dawson assured the Board that the workshop would be used for his woodwork hobby. He then informed the Board that he is considering an 8/12-pitch roof to match the roofline
of his residence.
Commissioner Hardwick moved, seconded by Commissioner Boyd to grant the variance for a 28’ X 40’ building, stipulating that the height of the building not exceed the height of the existing
residence. MOTION CARRIED.
b. 1308 North First Street/Integra Group, Inc.
Chairman Gray opened the public hearing at approximately 6:35 p.m.
Mr. Grady Burnett representative for Integra, stated that the variance request comes in trying to fit the building on the lot in such a way to accommodate delivery trucks. He mentioned
the strict criteria of Advanced Auto Parts stores for what they are looking for. He pointed out that the gravel drive on the south side of the plan leading to the trailer park would
be paved for truck access. He stated that the 3-foot
BOARD OF ADJUSTMENT continued:
November 13, 2000
variance request is an attempt to move the building closer to that north property line regarding parking lot concerns on the south side. He explained that vehicles parking with their
wheels right up to the curb might cause the front end of the car to protrude out in that drive isle on the common driveway. He stated that a couple of feet between it and the side
property line would help that situation. He then stated that actually the common drive is a private access for the trailer park. He related that the plot plan shows the building 12-foot
off the property line versus the required 15-foot.
Chairman Gray offered opportunity for anyone to speak in opposition and Mr. Gene Wilson owner of the property at 1308 North First Street questioned the location of a grass barrier.
Mr. Burnett responded that there is one but it is not shown on the plot plan, adding that there will be a 2½-foot grass strip between the curbing and the actual pavement.
In response to a question from Mr. Wilson regarding vehicle access going into the street. Mr. Burnett related that if the curb was against the property line and there is a 25-foot drive
isle between all the parking and the building is pushed 15-foot off the property line, then 6” of that curb would be hanging over in the right-of-way. He stated that at the front it
encroaches 6” so its either go to a little smaller drive isle which would make it difficult for trucks to get in and out, or push the building closer to the property line. He explained
the access route available for trucks backing into the docking area.
Mr. Wilson questioned the possibility of a similar variance for lot one if sold and developed. He then mentioned that he assumed setbacks minimums were for fire protection.
Mr. Burnett stated that there would still be 12-foot between the building and the parking area.
Mr. Wilson expressed concerns regarding the variance and repercussion to the value of lot one.
Chairman Gray opened the floor for general questions and answers regarding development concerns.
Commissioner Hardwick questioned ownership of the property.
Discussion ensued and City Engineer Whisker pointed out that the lot south of Kroger on first street is where the duplex is located. He showed the line that separates the two properties
and the residence where Mr. Wilson currently lives.
Commissioner Hardwick questioned curb cuts off North First Street.
City Engineer Whisker related that there are three current curb cuts, the first being the driveway, the second being the shared access and the third. He related that the shared access
belongs 9/10 to Advanced Auto Parts.
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November 13, 2000
Mr. Wilson pointed out the possibility of an additional curb cut.
Chairman Gray stated that the ultimate intention of the Planning Commission was that the property line would actually be the curb cut shared by Advanced Auto Parts and the owners of
lot 1.
Commissioner Hardwick agreed, saying that lot one does not need another curb cut.
City Engineer Whisker stated that while the access is directly in front of Advance Auto Part, the right turn leaves it open for parking options on the other lot as well.
Mr. Burnett related that the access was widened to 35-foot.
Commissioner Hardwick voiced concerns to guarantee lot one access to the curb cut as being shared and for any separate curb cut when lot one is developed. He mentioned previous discussions
with Advanced Auto Parts regarding a shared access.
Chairman Gray clarified that the request is for the 12-foot side yard variance, pointing out that Mr. Wilson’s house is on lot one and will be for sale soon. He pointed out that Mr.
Wilson’s house is well off the 15-foot side yard setback.
Mr. Wilson added that if lot one is sold it would be commercial and the house would not have any value then. He went on to say that his question would be if the new property owner would
be hurt in any way by the granting of the variance.
Chairman Gray stated that he understands Mr. Wilson’s concerns as property owner, but reminded the Board that their concern is the curb cuts which has nothing to do with the request
before the Board. He then related that in many commercial areas often times the side yard line is concern more for fire protection and safety vehicles, other occasions given certain
considerations development may go all the way to a lot line as long as fire protection has adequate access.
In response to a question posed by Commissioner Hardwick, it was noted that the width of the lot is 99.94 feet and 230 in depth. City Engineer Whisker noted development of 35% of the
lot was allowable.
Chairman Gray pointed out that the main access for fire protection would be on the front side and City Engineer Whisker noted that there is an alley way “Stonewall Drive” leading back
around the area.
Mr. Burnett added that additionally the parking lot is on three sides of the building for truck access and the front door is on the southwest corner of the lot.
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November 13, 2000
Discussion ensued and it was noted that Mr. Wilson owns both parcels of land.
Mr. Wilson asked if he sold lot one, how favorable would the Board treat a variance for that lot.
Chairman Gray explained that membership on the Board changes, however, he said that he has already prefaced what he had noticed regarding past action of the Board. He also stated that
he has also prefaced the common concerns of the Board in the past in addressing the current item of business regarding an almost zero lotline as long as public health, safety and fire
protection were met.
Commissioner Hardwick stated that in his opinion, he would echo that with a shopping center development type on one side and commercial on the other it would not be unusual to grant
minor variance request.
Mr. Wilson stated that the granting of the variance would not really bother him one way or the other right now, but added that he is just trying to look at it down the road.
Mr. Wilson then conceded, saying that it is only 3-feet and would not object to the requested variance.
Chairman Gray closed the public hearing at approximately 6:49 p.m. and opened the floor for direct questions from the Commissioners.
Mr. Wilson talked with the Mr. Burnett regarding considerations of the grass isle and asked for considerations for road curve so as not to turn to sharp. Mr. Burnett offered that the
curb could be cut back a little sooner to accommodate that request. A discussion then began regarding the sewer line and placement of a manhole before paving considerations.
Chairman Gray called for question.
Commissioner Hardwick moved, seconded by Commissioner Perry that the variance request from 15 to 12 feet on the side yard setback. MOTION CARRIED.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Perry moved, seconded by Commissioner Hardwick to approve the Regularly Scheduled Meeting minutes of the August 14, 2000 as presented.
Discussion ensued and City Engineer Whisker related that Fairfax Supply had opted not to return to the Board of Adjustment regarding current signs not in compliance, adding that he would
meet with Fairfax Supply tomorrow and ask them to remove the signs now placed on the side of their building.
At this time, MOTION CARRIED.
BOARD OF ADJUSTMENT continued:
November 13, 2000
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