01 NOV 19
A G E N D A
BOARD OF ADJUSTMENT
NOVEMBER 19, 2001 - 6:15 P.M.
CITY HALL CONFERENCE ROOM
1. CALL TO ORDER:
PAGES
2. APPROVAL AND/OR
CORRECTION OF MINUTES: Regularly Scheduled Meeting
October 8, 2001 1-5
3. VARIANCE REQUEST:
a. Setback Variance
1301 Riverwood Drive
Lot 33 Parkview Subdivision
Petitioner: Mr. Boyce Penn 6
b. Maximum Square Footage Variance
Accessory Building
3000 T.P. White
Petitioner: Mr. Jerry Johnson
7-8
c. Side and Rear yard setbacks
Lots 1R-5R Pine Tree Village
Pinewood Court off Redmond Road
(information included in packet)
Petitioner: Pittman Associates 9
ADJOURNMENT
1
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: November 19, 2001 / 6:15 p.m.- 6:48 p.m.
ATTENDANCE: Chairman Mark Perry
Commissioners: John Hardwick, Bobby Lester,
Martha Boyd, and William Montgomery
City Representative, City Engineer Whisker
________________________________________________________________________
City Clerk Susan Davitt recorded those listed above in attendance and
Chairman Perry declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Boyd moved, seconded by Commissioner Hardwick to approve the
minutes of the regular Board of Adjustment meeting of September 10, 2001
as presented. MOTION CARRIED.
VARIANCE(S) REQUESTED:
a. SETBACK VARIANCE/1301 Riverwood Drive Lot 33 Parkview Subdivision
Chairman Perry opened the public hearing at approximately 6:15 p.m.
Mr. Boyce Penn explained that the house he would like to build will not
fit on the culdesac lot with a 35’ setback and still allow for a patio
area in the rear of the home. He related that the easement in the rear
of the property is adjacent to a large ditch which takes up most of the
rear lot. He related that even with a 25’ setback it would still leave
the house behind the 35’ building line of the other houses on Riverwood
Drive. He stated that in speaking with the developer Mr. Underwood, he
learned that it was an oversight when the lot was platted with a 35’
setback. He stated that most culdesac lots carry a 25’ setback. He then
related that the adjacent homeowner does not object and that the lot on
the other side is vacant.
Discussion ensued as to the small rear yard space even with a 25’
variance and its setback requirement. It was noted that because of the
configuration of the subdivision, this is the only culdesac lot to need a
variance. It was decided that a subdivision amendment would not be
necessary.
In response to a question posed by Commissioner Hardwick regarding a 30’
setback, Mr. Penn stated that it would not work with the current chosen
house plan. He explained a misunderstanding when he purchased the lot
regarding location of the lot pins. He related that he built a house on
another lot in the Parkview Subdivision that has a short back yard and
has not been able to sell the house for almost a year.
City Engineer Whisker expressed concerns as to whether the house could
clear the 25’ rear yard setback even with a front yard setback variance.
Discussion ensued regarding the size of the patio, and Mr. Penn stated
that he could shorten the patio and widen it to the length of the house
to keep it off the easement. Mr. Penn then related that he tried moving
2
the house plan around on the lot but it did not look right with the
driveway coming in on a straight line.
City Engineer Whisker stated that this particular house plan will not fit
without the 25’ variance, saying that all the other culdesacs are
typically 25’ even though the building code calls for 35’ setback.
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: November 19, 2001/ 6:15 p.m.- 6:48 p.m.
In response to a question posed by Commissioner Montgomery, Mr. Penn
related that the patio is 11’ by 12’, but added that he can change those
dimensions.
Chairman Perry closed the public hearing at approximately 6:25 p.m.
Commissioner Hardwick moved, seconded by Commissioner Lester to grant the
variance request for a 25’ front yard setback subject to final approval
by the City Engineer regarding the rear setback plat line. MOTION
CARRIED.
b. Maximum Square Footage Variance/Accessory building 3000 T.P. White
Drive
Chairman Perry opened the public hearing at approximately 6:27 p.m.
Mr. Jerry Johnson of 3000 T.P. White Drive stated that he recently
purchased the home and is proposing to build an accessory building. He
stated that the home does not feature any outside building for storage.
He stated that originally he had requested a dome type metal building,
but has now changed his mind. He explained that he would still like to a
building 22’ x 46’, but is proposing to construct it from material that
would better blend with the residence. He stated that the accessory
building would feature the same architecture and roof style, saying that
it would be a wood building with siding and a shingled roof.
Chairman Perry invited Mr. Lloyd Friedman and Mr. Jim Durham to speak.
Mr. Lloyd Friedman of 3109 T.P. White Drive stated that Mr. Jim Durham of
the Woodland Heights Subdivision is adjacent to the property on the south
side and that his property adjoins Mr. Johnson’s property on the east and
north side. He related that the biggest concern from neighbors is the
appearance of a Quonset hut in the neighborhood. He further expressed
concerns for the approval of a square footage variance without
restrictions on design.
Mr. Durham presented the Board with a signed petition from area
residents.
In response to a question posed by Mr. Lloyd Friedman, Mr. Johnson stated
that he had not determined if the building would feature brick. He
stated that the carport area to be extended for the proposed structure is
not brick. He went on to explain that 2/3of the carport is brick but the
3
front view into the driveway is not brick.
Mr. Friedman acknowledged Mr. Johnson’s point, but also stated that it
gives the appearance that the house is full brick. He asked if the house
was not full brick except for the columns. Mr. Johnson answered that it
is not because the second story is not full brick, adding that the lower
story is full brick except for the carport area.
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: November 19, 2001/ 6:15 p.m.- 6:48 p.m.
Mr. Friedman stated that the biggest concern was not Mr. Johnson having a
building, but the type of construction he had originally proposed.
Mr. Durham related that issues regarding accessory buildings are
generally addressed in the Bill of Assurance for the Woodland Heights
Subdivision. He presented photographs of the original type of
construction proposed, saying that it is not desirable for a residential
area.
Mr. Johnson stated that the construction would be similar to his home.
Mr. Friedman reiterated that he did not oppose the size variance, but
asked for assurances regarding material to be used in the construction,
conformity and architectural design.
Mr. Johnson stated that the accessory building would have the same pitch
and style roof with shingles and a hip roof like the existing house,
adding that it will be a rectangle building with two walk in doors and
windows on the back.
Discussion ensued as to the Bill of Assurance and Mr. Friedman related
that the property was once a part of the Hassen Subdivision and then it
reverted back to a metes and bounds.
Mr. Durham stated that Mr. Johnson’s property is not part of the Woodland
Heights Subdivision, but adjacent to it, adding that residents of
Woodland Heights would like to ensure that the structure ties in with the
existing style.
Mr. Johnson related that he had changed design plans before realizing
there was opposition to the previous style selected. He stated that he
would meet any requirements of the Board.
Commissioner Hardwick clarified that the request comes as a maximum
square footage variance since the building is 1012 square feet and the
maximum allowable in the Jacksonville Municipal Code is 650 square feet.
Discussion ensued as to the proposed height and Mr. Johnson offered that
the roof pitch would be 5/12 with a hip at each end. He then answered
that the primary purpose of the building would be for storage of lawn
4
equipment, a small boat and storage of air conditioners.
City Engineer Whisker offered that the proposed structure fits regarding
setbacks, adding that it is a platted lot in the Hassen Subdivision.
Commissioner Hardwick pointed out that the Board has generally granted
square footage variances contingent that it be constructed to the
conformity of the style of the primary residence.
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: November 19, 2001/ 6:15 p.m.- 6:48 p.m.
Commissioner Hardwick moved, seconded by Commissioner Montgomery that the
square footage variance be granted contingent that construction be
similar to the existing residence, meaning that if the majority of the
outside material on the residence is brick then the accessory building be
constructed also to be a majority of brick with a similar roof line and
not to exceed the height of the carport. MOTION CARRIED.
Chairman Perry closed the public hearing at approximately 6:40 p.m.
c. Side and Rear yard setbacks Lots 1R – 5R Pine Tree Village
Chairman Perry opened the public hearing at approximately 6:42 p.m.
Representative Mr. Tommy Bond for Pitman Associates related that the
owner would like to redesign the lot layout so that each lot has its own
mortgage. He reviewed the plat for Pine Tree Village, explaining that in
order to accommodate parking, a side and rear yard setback variance is
necessary. He related that the property is located beside Dupree Park,
and that Mr. Pitman plans to develop in stages. He noted that the
complex would have three firewalls.
City Engineer Whisker stated that in looking at zero lot lines, this
variance would be reasonable because the property is zoned R-3. He
stated that it does meet the R-5 zero lot line requirements as far as
width. He added that the development will be reviewed by the Fire
Marshall, adding that Captain Pope is comfortable with fire equipment
access.
In response to a question from Commissioner Montgomery, Mr. Bond related
that the development would be close to the property lines at opposition
ends at each corner. He related that the development request has more to
do with the method of financing.
Chairman Perry closed the public hearing at approximately 6:54 p.m.
Commissioner Montgomery moved, seconded by Commissioner Hardwick to grant
the request of side and rear yard setbacks as presented on the plot plan.
5
MOTION CARRIED.
ADJOURNMENT:
Chairman Perry adjourned the meeting at approximately 6:55 p.m. MOTION
CARRIED.
Respectfully,
_________________________ _____________________________
Susan L. Davitt Mark Perry
CITY CLERK - TREASURER CHAIRMAN
6