Loading...
01 OCT 8 A G E N D A BOARD OF ADJUSTMENT OCTOBER 8, 2001 - 6:30 P.M. CITY HALL COUNCIL CHAMBERS 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regularly Scheduled Meeting September 10, 2001 1-8 3. VARIANCE REQUEST: a. Vehicle Storage Variance 603 Stevenson Street Petitioner: Alvin L. Winstead 9-11 b. Sign Variance Off-Premise Directional Main Street/Hospital Drive Petitioner: Bar-B-Que Shack 12- 13 ADJOURNMENT 1 MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: October 8, 2001/ 6:30 p.m.- 6:55 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 Lester to approve the minutes of the regular Board of Adjustment meeting of September 10, 2001 as presented. MOTION CARRIED. VARIANCE(S) REQUESTED: a. VEHICLE STORAGE VARIANCE/603 Stevenson Street Chairman Perry opened the public hearing at approximately 6:33 p.m. Mr. Alvin Winstead related that he is in the process of restoring a 1939 Bantam Pickup and a 1937 Dodge Panel Truck. He stated that he is 2/3 finished with one and half finished with the other. He asked for permission to store the vehicles in his back yard behind a recently constructed privacy fence. He stated that he had gotten permission from his neighbors. In response to a question posed by Commissioner Hardwick, Mr. Winstead related that he would need a year to complete work on one of the vehicles and at least a year one-half for the other. Discussion ensued and it was clarified that he lives on a corner lot and received permission from the neighbors directly behind his house and adjacent to the side. Mr. Winstead responded that he purchased his home in 1981. City Engineer Whisker clarified that the privacy fence was constructed before the vehicles were tagged by the Code Enforcement Department. He then noted that the ordinance does not allow for the storage of inoperable vehicles on private property unless they are enclosed in a garage. Mr. Winstead pointed out that the vehicles are antique. City Engineer Whisker agreed, saying that to avoid citation the vehicles must show signs of active restoration. 2 Mr. Winstead stated that the truck had been in his yard for a long time and that it would not look as if it was being restored because he was building the chasse. He stated that the bodywork is the last step in restoring a vehicle. He then explained that the vehicles are not yet operable. MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: October 8, 2001/ 6:30 p.m.- 6:55 p.m. Chairman Perry pointed out that Mr. Winstead’s yard does not offer much visibility from the street and that the vehicles are out of view from traffic on the street. Mr. Winstead presented the Board with photographs of the cars inside the fence. Chairman Perry noted a two-car garage and Mr. Winstead stated that the garage is full. In response to a question posed by Alderman Howard, Mr. Winstead stated that he would move the vehicle to maintain grass growth in the back yard around the vehicles. In response to a question posed by Commissioner Lester, City Attorney Bamburg stated that a tandem axle trailer on private property would be addressed in the subdivision bill of assurance, adding that the ordinance does address trailers unless they are inoperable. In response to a question posed by Commissioner Montgomery, Mr. Winstead stated that he has been purchasing vehicle parts for approximately six years. Alderman Stroud stated that the City Council’s objective was to clean-up the yards in Jacksonville, adding that he is aware of a house that has five or six cars in the back yard with tall weeds growing around the vehicles. He characterized it as a junkyard and stated that this is an example of what Council is trying to address. He went on to say that he believes Mr. Winstead is trying to actively restore his vehicles, pointing out that Mr. Winstead’s neighbors are not upset and the vehicles are not visible from the front. He stated that he would support a variance with the stipulation that Mr. Winstead keep the back yard maintained. Discussion ensued as to the authority to grant the variance on a time basis and have the Code Enforcement Officers inspect on a quarter or monthly basis regarding grass growth and/or if Mr. Winstead can produce receipts to show active restoration. City Attorney Bamburg stated that the Board has the authority to set whatever conditions it deems appropriate. Commissioner Lester sympathized with City Council efforts to clean up Jacksonville. 3 Commissioner Hardwick pointed out that the grass ordinance would address issues of concern regarding grass growth around the vehicles. Chairman Perry stated that if someone is actively restoring their vehicles they keep the grass cut so as to maintain access to the vehicles without getting snake bit. Commissioner Lester agreed, and questioned a reasonable time to have the vehicles restored. MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: October 8, 2001/ 6:30 p.m.- 6:55 p.m. Discussion ensued regarding limitations of locating rare parts and the financial aspect of acquiring rare parts. Chairman Perry stated that given the limitations a time factor may be hard to determine, adding that he would not object to the variance as long as the vehicles are showing active restoration and the premises is being maintained. Commissioner Hardwick moved to allow Mr. Winstead to store two vehicles behind his privacy fence at 603 Stevenson; one vehicle for 18 months and the other vehicle for an additional 18 months, clarifying a year and a half for two cars with one car being stored for up to three years. Discussion ensued and Mr. Winstead related that he does not intend to sell the vehicles after they are restored. City Engineer Whisker clarified that it would only be an issue if Mr. Winstead acquired additional vehicles. Mrs. Winstead stated that Mr. Winstead would not be buying any more vehicles. Commissioner Boyd seconded the motion. MOTION CARRIED. b. SIGN VARIANCE Off-Premise Directional Sign at Main Street and Hospital Drive for Bar-B-Que Shack Chairman Perry opened the pubic hearing at approximately 6:47 p.m. Mr. Gary Green related that they are requesting a directional sign at the St. Vincent’s Clinic. He pointed out that because his restaurant is on a one-way street he has had customers report to him that they were not able to find his restaurant. He explained that from customer feedback he has also learned that potential customers have responded favorably to the directional sign for those customers coming in from out of Jacksonville. He related that the directional sign is 2’ X 3’. Commissioner Lester pointed out that being familiar with the sign it does not obscure the view for traffic. In response to a question from Chairman Perry, Mr. Green stated that the sign is not attached and that they have received permission from St. 4 Vincent Clinic to post the sign on their property. He noted that the sign is anchored with building blocks. City Engineer Whisker stated that the Jacksonville Municipal Code allows for two signs per establishment, one on the building and one in front of the business. He then noted that Mr. Green has one on Main Street in front of the business and pointed out a hanging older metal sign. Mrs. Green stated that that sign was there before they purchased the building and agreed to remove the sign, saying that the previous owners had permission from Mr. Fred West to hang the sign, but that they do not feel there is a benefit from that sign. MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: October 8, 2001/ 6:30 p.m.- 6:55 p.m. Chairman Perry clarified that the violation addresses the number of signs, which exceeds the allowable limit. City Engineer Whisker agreed, adding that he is unaware if considerations for off-premise signs had been addressed for businesses other than real estate. Mrs. Green stated that the reason they are asking for the variance is mainly because the business is located on a one-way street. She explained further the difficulty for customers to locate the business because of the one-way street. Commissioner Lester agreed, saying he had sent an out of town relative to purchase bar-b-que and he returned saying that he could not locate the business. Mrs. Green stated that before installing the directional sign, the business received a good number of calls from customers calling on cell phones to say that they are on Main Street, but cannot locate the business. She then added that with the sign, their business has increased and they are pulling in customers outside of Jacksonville. In response to a question from Commission Lester, City Engineer Whisker stated that he did not have a problem with the size of the sign. Commissioner Lester moved, seconded by Commissioner Boyd to approve the variance. Commissioner Hardwick stated that he understands but feels the Board needs to be careful because of other businesses on Main Street and the precedent this might set. He related that he had been contacted by Ms. Sherry Oliver who expressed she would like a sign and has permission from the Texaco Service Station. Mrs. Green pointed out that Oliver Antiques is located on a two-way street. 5 Discussion ensued as to the other business located on either side of the one-way Main Street and it was reviewed the number of allowable signs per business. Commissioner Hardwick noted that off-premises signs are not addressed by the Jacksonville Municipal Code, adding that it does not have to be permanent like other signs. City Engineer Whisker pointed out that the Jacksonville Municipal Code does not expressly speak against those signs, saying that it only addresses issues for real estate and churches. Alderman Stroud stated that the sign ordinance will also be given consideration by the City Council. MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: October 8, 2001/ 6:30 p.m.- 6:55 p.m. Discussion ensued and Mr. Green responded that he would raise the sign from the ground so that it would not be a mowing problem for the City. Mrs. Green stated that they would be willing to work with the City in any way possible, but added that they do in fact need the directional sign regarding their business. Commissioner Hardwick presented the possibility of a common sign like a shopping center sign for business located on the other side of Main Street instead of individual signs. Mrs. Green stated that they would be willing if St. Vincent Clinic would be receptive regarding the use of their property. Mr. Green stated that employees of the St. Vincent Clinic are good customers, which is the main reason they allowed them to have a sign on their property. Commissioner Hardwick stated that in light of the fact that the City Council will be working on a sign ordinance, he moved to offer an amendment to the motion “to grant the waiver for one-year and have the issue revisited after that time.” Commissioner Lester moved, seconded by Commissioner Boyd to accept the amendment. MOTION CARRIED. ADJOURNMENT: Chairman Perry adjourned the meeting at approximately 6:55 p.m. MOTION CARRIED. Respectfully, 6 _________________________ _____________________________ Susan L. Davitt Mark Perry CITY CLERK - TREASURER CHAIRMAN 7