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04 FEB 09 A G E N D A BOARD OF ADJUSTMENT FEBRUARY 9, 2004 - 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting January 12, 2004 1-3 3. VARIANCE REQUEST(S): a. Front and Side yard setback variances 1200 South Hwy. 161 Petitioner: Jacksonville Heating & Air 4 (site plan included in packet) b. Side Yard setback variance 1530 West Main Exxon Station Petitioner: R.J. Yelenich 5 (site plan included in packet) ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: February 9, 2004 6:30 p.m. – 6:50 p.m. ATTENDANCE: Commissioners: Commissioners Martha Boyd, Dollar, Keaton, Chairman Perry and 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 Keaton moved, second by Commissioner Boyd to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of January 12, 2003. MOTION CARRIED. VARIANCE(S): a. Side Yard Setback Variance at 1530 West Main Chairman Perry opened the public hearing at approximately 6:30 p.m. Petitioner Mr. R.J. Yelenich related that he purchased the closed Exxon Station property on Main Street and is in the process of remodeling from a service station to a convenience store. He stated that he is proposing to construct an extension, adding that previously there was a 10’ X 20’ storage building on the site. He stated that the storage facility was demolished and he is requesting to enlarge the present building. He stated there is approximately 33’ from the building to the curb, adding that he is not aware of any plans by the City or the State to widen the road. He stated that he has agreed to provide a fence for the trash area, fire extinguishers to the Fire Marshal’s request, and has installed a panic door in the former bay area also per the Fire Marshal’s request. He stated that all the wiring is being removed per the Electrical Inspector, and that he will be providing habitat space in front of the store, also he will paint all parking stripes on the property. He stated that a beam will be provided from the existing area into the extension and additional landscaping will be created. He noted that the overhead heater has been removed per the Electrical Inspector and that the restroom facilities will be moved from the outside to the inside of the building. He stated that the extension will be constructed from steel studs and that there will be brick on the back and side of the building with a glass front. He stated that the roof will be redesign to be contiguous with the extension. In response to a question posed by Chairman Perry, Mr. Yelenich stated that the facility would still offer the sale of gas and showed the location of the pumps on the proposed site plan. He noted that the tanks have been registered, reviewed and approved. He stated that he is proposing to offer Hess gasoline, which would be a few cents below what is locally being offered. He then noted that the exterior of the building would be painted a red and white motif regarding the mansard area and the canopy. He offered that he has been remodeling similar structures in Little Rock and North Little Rock for approximately 20 years. In response to a question posed by Chairman Perry, Mr. Yelenich stated that the extension will be 27.9’ on the backside and 28.3’ coming toward the front. City Engineer Whisker clarified that the existing outside wall is where the restrooms are currently located. He noted that the extension will be BOARD OF ADJUSTMENT REGULAR MEETING February 9, 2004 from where the restrooms are located out to the side and to the front of the existing building. He noted that Mr. Yelenich has already obtained a remodeling permit for the existing structure. It was noted that the proposed extension would be 1’ from the property line. City Engineer Whisker noted that he believes the State Highway Department would probably want to review the plans regarding the close proximity to their right-of-way. He stated that there is a 15’ setback for C-3 property, adding that his other concern would be that with the extension the curb no longer protects the building. In response to a question posed by Commissioner Dollar, City Engineer Whisker related that the Highway Department has not given their approval to the site plan. Mr. Yelenich offered that he does not believe that the Highway Department has any plans regarding the right-of-way, adding that he would contact the District Six Engineer and obtain a letter regarding their plans and review of the site plan. Discussion ensued regarding further curb construction and Mr. Yelenich agreed to extend the curb for safety reasons. Landscaping issues were discussed; Mr. Yelenich stated that he would be placing shrubs in the front and possibly a Bartlett pear tree in the island. He agreed to meet with all landscaping requirements. In response to a comment by Commissioner Dollar, Mr. Yelenich stated that he would obtain a letter of permission from the State Highway Department. City Engineer Whisker stated that he had no further concerns, restating he earlier concern regarding approval from the Highway Department and noting the possible precedence of a 14’ side yard variance regarding a 15’ requirement. Mr. Yelenich pointed out the existence of a building in the same area previously, adding that he is only extending in the same direction. He replied that the construction of the previous building was brick. He then replied that the extension could not be relocated to the other side of the building, adding that he does need the extension space because of the small office area and the bay area only provides a short building to work with. Discussion ensued regarding a reconfiguration of the extension and Mr. Yelenich stated that the back property line would prevent extending in that direction as well as the width of the building being a deterrent to a different configuration. In response to a question posed by Commissioner Keaton, Mr. Yelenich answered that there are no sewer lines running to the rear of the property. It was noted that the sewer service line enters from the adjacent property of Hunan’s. BOARD OF ADJUSTMENT REGULAR MEETING February 9, 2004 Commissioner Keaton noted that the 14’ variance would not be obvious given the odd shape of the lot, adding that the only concern would be the Highway Department’s judgment. Chairman Perry closed the public hearing at approximately 6:38 p.m. Commissioner Dollar moved, seconded by Commissioner Boyd to approve a 14’ side yard setback variance stipulating that curb construction be designed to wrap around the building per the City Engineer’s approval and working with the City Engineer regarding landscaping requirements, as well as a letter of approval from the State Highway Department. MOTION CARRIED. b. Front and Side Yards Setback Variance 1200 South Hwy. 161 Petitioner Jacksonville Heating and Air Chairman Perry opened the public hearing at approximately 6:39 p.m. Mr. David Hunter stated that they are in the process of updating their building, including the front façade and are requesting a setback variance to add office space. He stated that the variance request is along the south property line, he stated there is six foot currently there. He noted that the existing building was built in 1948. He stated that they would like to add 16’ to the front of the building for office space and another 4’ for a covered porch, which would place the building 44’ from the building line if the variance is measured from the building line. He stated that the north setback is currently at 12’, which would require a 3’ variance, but noted that the side road provides another 13’. In response to a question posed by Commissioner Keaton, City Engineer Whisker related that the City just completed construction of sidewalks on Highway 161, adding that because of the railroad overpass he does not believe the Highway Department has any plans to widen the road from Trickey to West Main Street. It was noted that the addition would not interfere with the new sidewalk construction. City Engineer Whisker added that the building would still be 44’ off the property line. He noted that the setback in a C-3 zone is 50’ making the request a 6’ variance. He then answered that even though there is residential property in the area, the land use map calls for commercial. Chairman Perry closed the public hearing at approximately 6:48 p.m. Commissioner Keaton moved, seconded by Commissioner Dollar to approve the front and side yard setback variance request for 1200 South Hwy 161. MOTION CARRIED. ADJOURNMENT: Commissioner Keaton moved, seconded by Commissioner Dollar to adjourn the meeting at approximately 6:50 p.m. MOTION CARRIED. BOARD OF ADJUSTMENT REGULAR MEETING February 9, 2004 Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Mark Perry CITY CLERK - TREASURER