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03 Feb 10 A G E N D A BOARD OF ADJUSTMENT FEBRUARY 10, 2003 - 6:15 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regularly Scheduled Meeting January 13, 2003 1-7 VARIANCE REQUEST: a. Square Footage Variance 1301 South Bailey Petitioner: James & Lydia Burnett 8-10 b. Sign Variance 2650 John Harden Drive Petitioner: Tango Properties QSP, LLC 11-13 c. Sign Variance 1111 North James Street Petitioner: Evangelistic Ministries 14-15 d. Sign Variance 343 South James Street Petitioner: The Medicine Shoppe 16-17 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: February 10, 2003 6:22 p.m. – 6:48 p.m. ATTENDANCE: Commissioners: Martha Boyd, Susan Dollar, Glen Keaton and Chairman Perry 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, second by Commissioner Keaton to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of January 13, 2003. MOTION CARRIED. VARIANCE(S): a. Square Footage Variance at 1301 South Bailey Chairman Perry opened the public hearing at approximately 6:22 p.m. Mr. James Burnett of 1301 South Bailey stated that he would like to construct a storage shed to replace a current storage shed, which is in a dilapidated state. He stated that he would like to construct an accessory building that is 24’ X 30’, which is 70 square foot above the maximum allowed. Noted that the Code allowance is for a maximum of 650 square feet regarding an accessory building. In response to a question posed by Commissioner Stroud, Mr. Burnett related that the size of the existing shed is approximately 8’ X 12’. In response to a question posed by Chairman Perry, Mr. Burnett stated that he would purchase the building from Sutherlands, and has provided a diagram for the Board to review. He stated that the plan offered by Sutherlands, material wise does not fit a 650 square foot building, adding that they would like to stay with the plan offered. Commissioner Dollar clarified with Mr. Burnett that the building according to a plan comes in a 4 by and 8 by or some other larger size. Mr. Burnett responded that a 650 square foot is not equivalent of 4, or 8 type of material. He explained that if you took a 24’ X 24’ building, it would work off a 4, 8 or 12 foot, any combination of 4. He stated that a 650 square foot building would require additional material to be cut at an additional cost because it does not work out on an even number basis for the materials. He stated that the building is offered with plans, which he has redrawn to scale. He added that he does not want to construct the building with the prescribed metal siding but would opt to make the appearance compatibles with his home featuring siding and architectural shingles on the roof. In response to a question posed by Commissioner Dollar, Mr. Burnett stated that the building would have a garage type door and a single walk through door. He also answered that it would have a slab foundation. In response to a question posed by Commissioner Boyd, City Engineer Whisker noted that the lot is 290 feet deep outside Bailey north of Tricky, adding that the lot could accommodate this size construction. BOARD OF ADJUSTMENT REGULAR MEETING February 10, 2003 6:22 p.m. – 6:48 p.m. Commissioner Boyd moved, seconded by Commissioner Keaton to approve a square footage variance regarding an accessory building at 1301 South Bailey. MOTION CARRIED. b. Sign Variance/2650 John Harden Drive Chairman Perry opened the public hearing at approximately 6:30 p.m. Mr. Preston Robinson stated that he and his wife own the Quick Silver Plaza, which was finished at the end of 2001. He stated that presently they have two tenants in the building and have purchased a business, which is being moved into the building. He stated that occupancy has been slow and that the temporary sign is advertising space available to attract tenants. He stated that presently they are approximately 15% occupied. He stated that City Engineer Whisker had helped to clarify some issue regarding the different types of signs. He stated they have a structure sign out front that identifies Quick Silver Plaza but does not have any reader spots for the tenants, pointing out that the tenants are able to place signs on the building to identify themselves. He stated that if he understands correctly, this sign could be considered a real estate type sign, adding that possibly the sign could be incorporated into the structure sign. He stated that he is only requesting temporary placement of the sign regarding efforts to attract businesses to that location. City Engineer Whisker related that the Board has three additional sign variance request on the agenda, pointing out that a committee has been formed to address revision to the sign Ordinance including temporary and portable signs. He stated that at one time portable signs were banned, and later have been allowed if they are staked or pole mounted. He reiterated that the sign committee will address sign issues beginning at a meeting tonight and should have some recommendation in approximately four months for the Planning Commission and City Council to review and approve. He suggested that the Board may want to delay action until recommendation from the sign committee is brought forward. Mr. Robinson stated that being in the metal fabrication business he receives metal building type publications, adding that he feels that the sign is very tasteful and is not out of line in appearance. Commissioner Dollar stated that she viewed the sign and agrees that because of the location of the Plaza and parking lot, it does not present a distasteful appearance. She added, however, that it is hard to reconcile given that the City has an Ordinance against portable signs. She questioned if the sign could be lifted off the wheels. City Engineer Whisker stated that the Ordinance states that the signs have to be staked to the ground, adding that currently portable signs are not allowed by Ordinance. Commissioner Dollar stated that given City Code the Board needs to remain consistent regarding signs outside Code regulation. Mr. Robinson reiterated that his building is 15% occupied and that the sign will not need to remain when they reached 15% vacancies, adding that he BOARD OF ADJUSTMENT REGULAR MEETING February 10, 2003 6:22 p.m. – 6:48 p.m. only needs the sign for the period of time it takes to fill the vacancies. In response to a question posed by Commissioner Boyd, City Engineer Whisker stated that the sign committee would not have a formal recommendation for at least three to four months. Commissioner Dollar stated that she feels this and other sign variance request need to be handled with the same consistency. City Engineer Whisker noted that all factors could contribute to the ruling by the Board of Adjustment regarding location, appearance or use of a sign. Discussion ensued and it was noted that a public hearing request before the Board of Adjustment takes precedence over the Code Enforcement letter requesting that the sign be removed by a certain date. Commissioner Dollar stated that because of the location of the property the condition of the sign it does not present an aesthetic concern, adding that consistency needs to be applied to all the sign request before the Board. Commissioner Boyd stated that she is concerned about making a decision tonight regarding regulations that may be found unacceptable under a new sign ordinance. Discussion ensued regarding feasibility of placing sign variances on hold until the sign committee has brought forth a formal recommendation. It was pointed out that there are a number of temporary and portable sign situations that currently exist in the City and that it is probable that a new business may also want to place a temporary or portable sign for some period of time. City Engineer Whisker questioned if that were the case would it be condoned until the sign committee were able to make its recommendation. Chairman Perry stated that the City would always want to do what it can to support or promote new businesses, but added that it could get out of hand if every new business were to opt for temporary signage. Alderman Stroud related that the Sign Ordinance Committee would be addressing issues not currently addressed in the present Ordinance, which is temporary signs. He stated that Mr. Robinson’s sign is a temporary sign, noting that some businesses have as many as two portable signs in front of their business that are for the most part not in good repair. He noted that the sign at the Quick Silver Plaza is in excellent condition and will only be used on a temporary basis. He suggested that the Board may want to table the item until it can be addressed by the Sign Committee regarding definition and compliance. Commissioner Dollar offered that a time limit could be stipulated. Mr. Robinson stated that he was hoping to keep the sign until the building had reached a 15% vacancy. BOARD OF ADJUSTMENT REGULAR MEETING February 10, 2003 6:22 p.m. – 6:48 p.m. Chairman Perry questioned if Mr. Robinson would place the sign out any time the vacancy fell below 85%. Mr. Robinson stated that he believes it is only the initial hurdle of occupancy that he is facing, adding that it seems more difficult to rent the space because he has heard comment that Jacksonville is so far from Little Rock or North Little Rock. He stated that there seems to be a mindset regarding everything north of the Air Base exit as being too far. Mr. Jay Hudson of 512 North First Street addressed the Board saying that if the Board is going to make one person abide by the rules of not having a portable sign then all business should abide by the same rules. It should comply with the current Ordinance, questioning what is classified as a temporary sign, or a portable sign. He stated that these questions leave this entire tangent open in his opinion. He related that he has been dealing with this issue already personally, adding that he personally believes that if one person is made to remove signs then the City should not allow others to do so. He stated that he is aware of the Quicksilver Plaza sign and that he is also aware that Quicksilver had two portable lighted signs out front that have since been removed. He questioned if the two additional signs would be allowed to come back if this variance is approved. He stated that he is not against the signs, because he also likes to use them on a temporary basis. He then questioned if temporary means 60-days, 90-days, 120-days or off and on during the year. City Engineer Whisker stated that every business owner is treated the same regarding the regulations, either the signs conform to Code regulations or a variance must be sought through the Board of Adjustment. Mr. Hudson reiterated his request to understand what the Board classifies as temporary signage when making these decisions. He stated that if the Board is making its decision based on what is going to be a temporary sign, he believes these issues need to be dealt with by the Sign Committee first. Chairman Perry offered that the Board could take that under consideration regarding the development of a Sign Ordinance, determining definitions of temporary and portable signage, length of time involved, construction and materials. Discussion ensued regarding tabling the request or placing a time restriction on the request pending other considerations with the Sign Ordinance amendments. Commissioner Boyd moved, seconded by Commissioner Keaton to table the item of business until the sign Ordinance is completed, without restriction to the sign presently. City Engineer Whisker suggested a time frame be instituted given unforeseen actions surrounding the development of amendments to the present Sign Ordinance. Commissioner Boyd moved, seconded by Commissioner Keaton to place a six-month time restriction on the request. BOARD OF ADJUSTMENT REGULAR MEETING February 10, 2003 6:22 p.m. – 6:48 p.m. Mr. Robinson questioned if he has a need for a variance after the Sign Ordinance is adopted, and if he would he need to return to the Board of Adjustment given that he has already plead his case. Commissioner Boyd stated that Mr. Robinson would need to return to the Board of Adjustment following formal recommendation from the approving body. At this time, MOTION CARRIED. c. Sign Variance at 1111 North James Street/Evangelistic Ministries Petitioner was not present. Chairman Perry stated that item of business should follow suite and be tabled pending completion of the Sign Ordinance. d. Sign Variance at 343 South James Street/Medicine Shoppe Mrs. Cathy Leverett, marketing director for the Medicine Shoppe at 343 South James Street was present for the following motion. Circumstances involving amendments to the present Sign Ordinance were explained to Mrs. Leverett, who questioned if the sign at 343 South James could remain during the time of development regarding a new Sign Ordinance. Chairman Perry explained that it could remain for six-months during which time it is felt a Sign Ordinance would be forthcoming and the item of business would be brought back before the Board of Adjustment for action. Commissioner Dollar moved, seconded by Commissioner Boyd to table the sign variance request regarding 1111 North James/Evangelistic Ministries and 343 South James Street/Medicine Shoppe pending completion of the sign Ordinance for a six-month period of time. MOTION CARRIED. ADJOURNMENT: Chairman Perry adjourned the meeting at approximately 6:48 p.m. MOTION CARRIED. Respectfully, _________________________ _____________________________ Susan L. Davitt CHAIRMAN Mark Perry CITY CLERK - TREASURER