Loading...
04 APR 12 A G E N D A BOARD OF ADJUSTMENT APRIL 12, 2004 - 6:15 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting March 8, 2004 3. VARIANCE REQUEST(S): a. Density variance Elderly Apartments/Hospital Drive Petitioner: Mr. Ben Rice b. Noncompliant Automobile variance 520 Marshall Road Petitioner: Jacksonville Baptist Temple c. Rear Yard Setback variance #9 Cardinal Court Petitioner: Mr. Heinz Braun ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: April 12, 2004 6:15 p.m. – 7:03 p.m. ATTENDANCE: Commissioners: Commissioners Martha Boyd, and Mark Perry, Chairman Stroud and City Engineer Whisker _________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Stroud declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Perry moved, second by Commissioner Boyd to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of March 8, 2004 with Chairman Stroud voting AYE. MOTION CARRIED. VARIANCE(S): a. Density and Parking Variance Hospital Drive/Elderly Apartments Chairman Stroud opened the public hearing at approximately 6:16 p.m. Mr. Ben Rice stated that the request is for two variances, explaining that the Code requires 2,000 square feet per unit in an R-3 zone, adding that the proposed project has 45 units that have been approved by HUD. He related that the proposed site is across the street from the Jacksonville Towers. He presented a site plan regarding the layout and parking. He stated that the apartments would be three stories with fifteen apartments per level. He noted that the Code requires 1.5 parking spaces per unit in R-1, adding that they are proposing 48 parking spaces for 45 units. He presented statistics regarding residents of 202 housing, pointing out that Jacksonville Towers has 100 units and 74 parking spaces. It was noted that the parking lot is never full unless there is a function at the building. He added that the proposed elderly apartments do not have facilities for an onsite function. He stated that he did not feel a parking variance would create any hardship, and that there should not be a problem regarding the density variance. He stated that the square footage would be 1430 square feet instead of the 2000 square feet required in a C-3 zone. He stated that considering the application, there would not be additional lot square footage for children to have a place to play. City Engineer Whisker noted that the Code requirement of 2000 square feet may not strictly speak to multi-level structures such as a three story complex. Discussion ensued regarding the location of the proposed sidewalk. Chairman Stroud closed the public hearing at approximately 6:20 p.m. Commissioner Perry moved, seconded by Commissioner Boyd to approve the density and parking variance as requested for the elderly apartments proposed on Hospital Drive, Chairman Stroud voting AYE. MOTION CARRIED. b. Noncompliant Automobile Variance 520 Marshall Road Jacksonville Baptist Temple Chairman Stroud opened the public hearing at approximately 6:21 p.m. Pastor Ted Patterson noted that he would be representing Jacksonville 1 BOARD OF ADJUSTMENT REGULAR MEETING April 12, 2004 6:15 p.m. – 7:03 p.m. Baptist Temple, accompanied by Attorney Scott Scholl. Mr. Scholl explained that a bus was towed from Baptist Temple, adding that the position of the Church is that the bus was not abandoned or inoperable vehicle under the Ordinance or Arkansas Code. He acknowledges that the one headlight was broken but stated that otherwise the bus was operable and in good repair. Pastor Ted Patterson presented photographs of the bus taken where the vehicle sits in impound. He stated that the Church has three other buses that are on the property. He related that when the Code Enforcement Officer brought the matter to their attention, the bus was parked behind the building. He added that he assumed the bus was tagged because it did not need to be parked behind the building, adding that the bus was then moved to the front of the property with the other buses. He related that when the bus was towed it was parked next to the other buses on the property. In response to a question posed by Commissioner Boyd, Pastor Patterson stated that the bus was not properly licensed, adding that the bus was not being used at that time. In response to a question posed by Commissioner Perry, Pastor Patterson related that the bus was donated to the Church from another Church but was not in use. He then related that during the week that the Code Enforcement Officer was on site, he had accepted a down payment for the sale of the bus. He stated that he reimbursed the down payment following the bus being towed. In response to a question posed by Commissioner Perry, Pastor Patterson answered that the bus had been parked behind the building for at least one-year. City Engineer Whisker apologized for the Code Enforcement Officer’s absence from the meeting, explaining that he had left work ill. He stated to his understanding, the Code Enforcement Officer had a conversation around th February 20 regarding the bus, adding that one week later the bus was tagged th on the 27. In response to a question from Chairman Stroud, Pastor Patterson answered that he is not clear if there was conversation prior to the bus being tagged or if the conversation occurred the day the bus was tagged. City Engineer Whisker responded that he could not answer definitely, but th offered that if the business was tagged on February 27 then 7 days later th on March 5 the bus would have been eligible to be towed. He then related that the Code Enforcement Officer did not actually have the bus towed for an additional 12 days. Pastor Patterson stated that the bus was moved next to the other buses before th the deadline of March 5, adding that he assumed he had done what was required by Code Enforcement. He stated that he felt moving the bus to the front of the building would show the Code Enforcement Officer that he had complied with what he had thought was the problem. He then explained 2 BOARD OF ADJUSTMENT REGULAR MEETING April 12, 2004 6:15 p.m. – 7:03 p.m. that when the Code Enforcement Officer arrived to have the bus towed he was called and talked to the Code Enforcement Officer on the phone. He went on to say that he tried to explain to the Officer that there was nothing wrong with the bus. He related that the Code Enforcement Officer informed him that the tow truck was already on site. He stated that he felt it could have been worked out because there was nothing wrong with the bus. He added that the Code Enforcement Officer referred to the fact that the headlights were out. He said that headlights are a $10.00 problem and could have been fixed in fifteen minutes as far as he was concerned. In response to a question from Chairman Stroud, Pastor Patterson answered that when the bus was tagged he was not certain why the bus had been tagged. He related that when a vehicle was pulled from the neighborhood a resident eluded that there was a bus on the Church lot that needed to be considered. He then added that the Code Enforcement Officer spoke with him but he does not remember if it was the same day the bus was tagged or not. He related that he assumed the problem was that the bus was parked behind the building, so the bus was moved to the front of the building, so the Code Enforcement Officer would see that it was not abandoned or wrecked. In response to a question posed by Chairman Stroud, Pastor Patterson related that the bus was driven on its own accord to the front of the building. He stated the buyer had an opportunity to see the bus run when it was moved to the front of the building. He related that the bus is an older bus and is not presently needed by the Church, but added that the bus is operable. In response to a question posed by Commissioner Perry, Pastor Patterson stated that he did not have any direct communication with the Code Enforcement Officer. City Engineer Whisker explained that when the City did not hear from Pastor Patterson or any representative from the Church the City followed through with proper procedure for removal of the bus from the property. Chairman Stroud announced a brief recess at approximately 6:34 p.m., allowing Commissioner Boyd to excuse herself for a drink of water. Chairman Stroud reconvened the meeting at approximately 6:35 p.m. Pastor Patterson stated that he felt that the Code Enforcement Officer may not have been aware that the bus had been moved. He stated that he explained over the phone to the Code Enforcement Officer that the bus had been driven to the front of the building, adding that the Code Enforcement Officer was already at the Church with the tow truck. In response to a question from Commissioner Stroud, Pastor Patterson explained that when the Code Enforcement Officer arrived at the Church with a tow truck, a member of his staff call him to let him know the City was at the Church to tow the bus. He added that he tried to get the Code Enforcement Officer to wait until he could arrive at the Church to start the bus. He went on to say that if the Officer had noticed that the bus had been moved, he might have understood that the Church was trying to comply, as best as they understood, by taking the bus out of a storage 3 BOARD OF ADJUSTMENT REGULAR MEETING April 12, 2004 6:15 p.m. – 7:03 p.m. position. He noted that the tires were not flat or it could not have been driven. He stated that there was nothing out of the ordinary that would make the bus look different from the other buses. He stated there would be no reason to ticket the bus unless it was because it was parked behind the building. Chairman Stroud asked Pastor Patterson to the best of his knowledge, if the bus was “street legal” other than the headlights. Pastor Patterson stated that it was. City Engineer Whisker noted that the windows are broken out. Pastor Patterson corrected City Engineer Whisker in saying that the windows are cracked but they are not broken out. The Board reviewed the photographs of the bus. It was noticed that there were holes in the windows; City Engineer Whisker stated that he did not feel that to be a safe drivable condition. It was also noted that the license tags expired 1998. Pastor Patterson stated that the bus had not been driven on the streets except when it had been driven from Vilonia to the Church to be parked. Attorney Scott Scholl stated that he would like to point out that the windshield is not cracked or broken. He then turned to the citation of being abandoned on public property, saying that he feels everyone can agree that is not applicable. He stated that the second Code cited was the parking and storage of an inoperable motor vehicle, adding that testimony indicated that it was an operable vehicle. He noted problems with the headlights but stated that in essence it is an operable vehicle. City Engineer Whisker stated that the Ordinance for inoperable vehicles defines an inoperable motor vehicle as “any motor vehicle for which its condition is dismantled, partially dismantled, wrecked etc.” Chairman Stroud confirmed with City Engineer Whisker that with the windows cracked, the headlights out, the tags being expired since 1998, and obviously not been driven in a couple of years the bus fits under that category. Attorney Scholl stated that the exception he would have would that would be the notice, adding that under such a strict definition he would be afraid to try to count how many inoperable vehicles are going up and down Hwy 167. City Engineer Whisker reminded the Board that the bus was investigated from a citizen complaint. Chairman Stroud stated his disappointment that there had been no communication from the owner to the City when the vehicle was tagged. Pastor Patterson reiterated that the steps he followed were in response to his thinking that the problem was that the vehicle was being parked behind 4 BOARD OF ADJUSTMENT REGULAR MEETING April 12, 2004 6:15 p.m. – 7:03 p.m. the building. He reiterated that he brought the bus to the front of the building to address the problem. Chairman Stroud mentioned that the citation had a number for the Church to call regarding why the City had tagged the vehicle. Pastor Patterson pointed out that two buses were originally tagged. City Engineer Whisker stated that one of the buses tagged needed to have the gas tank put back on the bus and that following that repair the bus was not towed. Pastor Patterson stated that he had explained that the second bus runs off gas and propane, adding that the tank was put back on the bus. He added that he felt the other problem was taken care of by moving the bus to the front of the building. He then stated that the other bus that was tagged but not towed, also did not have proper tags. Attorney Scholl pointed out that regarding towing, the Arkansas Code 27.50.1201 et. seq. is only speaking about unattended and abandoned vehicles, which is something he wanted to bring to the Boards attention. City Engineer Whisker stated that he had spoken with City Attorney Bamburg, clarifying that the request is to keep the bus on the property until such time it is sold. Pastor Patterson added that the request is for the City to release the bus. City Engineer Whisker responded that the City does not own the bus, adding that once it is towed it becomes a matter between the owner and the towing storage company. Attorney Scholl stated that his client feels that since the bus should not have been towed, that the City should be responsible for the total storage charges. Chairman Stroud stated that he is aware if the Board of Adjustment has that authority. City Engineer Whisker stated that he and the City Attorney discussed that the Board could not allow a bus that is inoperable to be on the property. He added that payment of storage charges could only be addressed by the Mayor or City Council. Pastor Patterson stated that he did not feel that an inoperable bus was on the property. Commissioner Perry stated that the lack of communication has led to the towing of the bus. Pastor Patterson stated that he was not aware of the procedure, adding that it could not have been much beyond the call of duty for the Code Enforcement Officer to have contacted him to discuss the problem. 5 BOARD OF ADJUSTMENT REGULAR MEETING April 12, 2004 6:15 p.m. – 7:03 p.m. Chairman Stroud read from the citation wording, saying that “any interested party may contest the Code Enforcement Officer’s violation determination by filing a written request for a hearing before the Jacksonville Board of Adjustment with the City Clerk’s Office located at #1 Municipal Drive.” th Pastor Patterson stated that he had until March 5 and what he did was correct what he believed was the reason for the violation. He stated that he then believed that it was taken care of. Chairman Stroud stated that rather than taking for granting that the problem was solved, Pastor Patterson should have contacted the Code Enforcement to make sure that they understand his actions. He stated that a call from Pastor Patterson would have probably taken care of the problem in the beginning. Pastor Patterson stated that he can understand that, but he felt that if he corrected the problem then there was no problem, adding that he felt the problem was corrected but the bus was still towed. Attorney Scholl stated he believes what might be most comfortable is if they can get permission, that once the bus is retrieved by the Jacksonville Baptist Temple, to allow it on the property until it can be sold and then matters regarding the towing charges can be addressed by the City Council. In response to a question posed by Chairman Stroud, Pastor Patterson was unable to provide an approximate time frame of how long the bus would need to be parked at the Church. Chairman Stroud closed the public hearing at approximately 6:50 p.m. Commissioner Perry moved, seconded by Commissioner Boyd to approve a noncompliant automobile variance for Jacksonville Baptist Temple at 520 Marshall Road not to exceed ninety-days, Chairman Stroud voting AYE. MOTION CARRIED. c. Rear Yard Setback Variance #9 Cardinal Court Chairman Stroud opened the public hearing at approximately 6:50 p.m. Mr. Heinz Braun stated that he is the owner of the property, adding that he would like to construct a sunroom up to the rear yard easement. He stated that the easement is a 10’ utility easement. He stated that he owns the lot adjacent to the rear, but is not able to construct on that lot. Mrs. Teresa Albarello of #7 Cardinal Court stated that she is having increased problems with drainage since Mr. Braun has purchased the home. She added that she had contacted City Engineer Whisker regarding the drainage problems, explaining that there had been a spill way for drainage but it has since been damned up with sand by Mr. Braun. She explained that when it rains her yard now floods. She then stated that she is not aware of where the property lines are located but that it was mentioned that she had sold some of her property, which she stated is not the case. 6 BOARD OF ADJUSTMENT REGULAR MEETING April 12, 2004 6:15 p.m. – 7:03 p.m. Mr. Braun stated that he has not done anything to damn the drainage. Discussion ensued regarding the exact location of the proposed construction in relationship to Mrs. Albarello’s property and the construction plans for the sunroom. It was discussed that the construction of the sunroom is planned for an area that is already concreted with a 2’ high existing brick wall. Mr. Braun stated that he has also contacted the City Engineer regarding the area drainage. He explained that the flow of water was through the middle of the lot but when the property was developed the lot was elevated and now the runoff collects in the street in front of his driveway. He then explained that there was a cut out made between the residences by the builder to get the water off the culdesac, explaining that what has happened is the water pools at that location. He stated that he did not damn the cut out with dirt, but he did dig a hole on the side of his fence so that it would drain. City Engineer Whisker stated that in viewing the property he noticed a storage shed and that in checking the records he could not located a building permit for the shed. He stated that the shed is located along the side of the easement. Mr. Braun stated that he did not realized that a building permit was required for the shed. City Engineer Whisker stated that it appears as if the location of the shed may have caused part of the damning problem regarding drainage. Mrs. Albarello stated that she was the first property developed and that as additional properties were elevated and develop the drainage became increasing worse. City Engineer Whisker stated that the drainage is supposed to go around Mrs. Albarello’s house and then head to the Lake. Mrs. Albarello questioned why the drainage is not going where it is designed to flow. City Engineer Whisker stated that he believes it may be because of the location of the storage shed, adding that the water is supposed to make that curve around the property line but is not doing it. Mrs. Braun noted that the storage shed is elevated and sits on concrete blocks. Discussion continued regarding the flow of drainage in relationship to both properties. City Engineer Whisker noted that the Braun’s own approximately a 20’ wide strip between their lot and the Lake, which is flood way property, he stated that the parcel is deeded separate regarding insurance purposes. He added that the parcel is stipulated to be sold with the main lot. 7 BOARD OF ADJUSTMENT REGULAR MEETING April 12, 2004 6:15 p.m. – 7:03 p.m. In response to a question posed by Commissioner Perry, Mr. Braun stated that the construction would match the existing residence, saying that it would be brick with windows. Discussion ensued regarding the possibility of the storage shed being in a portion of the easement. City Engineer Whisker noted that the shed should be 5’ from the side property line. Mr. Braun stated that he is not sure if the shed is 5’ from the property line, adding that he would be willing to move the shed if it is within 5’ of the property line. Chairman Stroud closed the public hearing at approximately 7:02 p.m. Commissioner Perry moved, seconded by Commissioner Boyd to approve the rear yard setback building variance with construction to match the existing structure and to bring the storage shed into compliance regarding a building permit and setbacks. MOTION CARRIED. ADJOURNMENT: Commissioner Perry moved, seconded by Commissioner Boyd to adjourn the meeting at approximately 7:03 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Mark Stroud CITY CLERK - TREASURER 8